WIDESPREAD CONSPIRACY TO OBSTRUCT PROBES OF ALLEGED NAZI WAR CRIMINALS NOT SUPPORTED BY AVAILABLE EVIDENCE--CONTROVERSY MAY CONTINUE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-01208R000100140096-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 77
• Document Creation Date: December 22, 2016
• Document Release Date: February 22, 2011
• Sequence Number: 96
• Publication Date: May 15, 1978
• Content Type: REPORT

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/ROLAND SAWYER
ROOM 7015
U, L. GENERAL ACCOUNTING OFFICE
RE PORT BY THE WASH`"?T?". D. C. 20548
Comptroller General
OF THE UNITED STATES
Widespread Conspiracy Jo Obstruct
Probes Of Alleged Nazi War Criminals
Not Supported By Available Evidence--
ControversyMay Continue
There was, in the past, a lack of progress by
the Immigration and Naturalization Service in
investigating and prosecuting alleged Nazi war
criminals residing in the United States.
Controversy has existed as to whether the
lack of progress was due to a conspiracy in-
volving Service personnel and possibly other
Federal agencies.
It is unlikely that a widespread conspiracy ex-
isted, but GAO cannot absolutely rule out the
possibility of undetected, isolated instances of
deliberate obstruction. GAO's investigation
was hindered by the effect of the passage of
time on the availability of information and
limited access to agencies' records. In any
event the inherent difficulty in establishing
the existence of a conspiracy must be recog-
nized.
Recently, Service efforts in this area have
improved.
The Chairman, House Judiciary Subcommit-
tee on Immigration, Citizenship, and Interna-
tional Law requested this report.
~l 0 ST,g1tp
GG D-78-73
MAY 15, 1978
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COMPTROLLER GENERAL OF THE UNITED STATES
WASHINGTON. Q.C. 20548
The Honorable Joshua Eilberg, Chairman
Subcommittee on Immigration, Citizenship,-
and International Law
Committee on the Judiciary
House of Representatives
In response to your January 13, 1977, request, we
reviewed the progress and controversy about the Immigra-
tion and Naturalization Service, Department of Justice,
investigation and prosecution of alleged Nazi war crimi-
nals residing in the United States.
As arranged with your Subcommittee, unless you publicly
announce its contents earlier, we plan no further distribu-
tion of this report until 30 days from the date of the re-
port. At that time we will send copies to interested parties
and make copies available to others on request.
The Departments of Justice, Defense, and State and the
Central Intelligence Agency have reviewed the information in-
cluded in this report and their comments were considered where
appropriate.
Comptroller General
of the United States
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REPORT OF THE WIDESPREAD CONSPIRACY TO
COMPTROLLER GENERAL OBSTRUCT PROBES OF ALLEGED
OF THE UNITED STATES NAZI WAR CRIMINALS NOT
SUPPORTED BY AVAILABLE
EVIDENCE--CONTROVERSY MAY
CONTINUE
It is unlikely that any widespread conspiracy
has existed in Federal agencies--especially in
the Immigration and Naturalization Service--
to obstruct investigations of allegations that
individuals, now residents of the United States,
committed atrocities before or during World
War II while. serving the Nazi government of
Germany.
Since the war there have been many such alle-
gations. While GAO concludes that no widespread
conspiracy existed, it cannot absolutely rule
out the possibility of undetected, isolated
instances of deliberate obstruction of in-
vestigations of some alleged Nazi war crimi-
nals. GAO efforts to obtain the facts were
hindered by
--the effect of the passage of time
on the availability of information
and
--limited. access to agencies' records.
In any event, the inherent difficulty in estab-
lishing the existence of a conspiracy must be
recognized.
GAO reviewed Service case files on 94 individ-
uals, 40 of whom had allegations made against
them before 1973. Two were expelled from
the country, one by deportation and one by
extradition. Investigations on some others
appeared to be thorough. Probable cases were
developed and prosecuted but, for various
reasons, the individuals were allowed to
remain in this country. In most other cases
GGD-78-73
Tear Sheet. Upon removal, the report
cover date should be noted hereon.
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there appeared to have been only routine
inquiries with other agencies, while in
several cases there were no indications
that any inquiries were made. (See
p. 11.)
GAO'S PRINCIPAL OBSERVATIONS
--In the early 1970s a Service
employee complained that his in-
vestigation of alleged Nazi war
criminals was hampered by agency
officials. Both the Service and
the FBI investigated his complaints.
Neither found irregularities.
--Service investigations of most cases
before 1973 were deficient or per-
functory. In some, no investiga-
tion was conducted. (See ch. 2.)
--The Service established a control
office in 1973 in New York City to
investigate alleged Nazi war crimi-
nals and established liaison with
Israel to obtain witnesses and
information.
--At that time, the Service did not
know how many allegations of Nazi
war criminals it had. Attempts were
made to accumulate the data from the
various Service offices. Allegations
were also received by the control
office in New York.
--By April 1978 the Service had a list
of 252 allegations. Those cases on
which actions had been taken before
1973 were re-evaluated and investiga-
tions on some reopened. The Government
had instituted legal proceedings against
13 individuals. Five of these cases
had been closed before 1973. (See
p. 22.) .
--While the quality of investiga-
tions has improved since 1973,
further improvements still are
needed.
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--There have been no successful
prosecutions since 1973 and the
possibility exists that some
individuals under prosecution now
or in the future may never leave
the United States due to legal
appeals and procedures.
THE ROLE OF OTHER AGENCIES
GAO provided the CIA, FBI, and the Departments
of Defense and State a list of ill names se-
lected from Service files. These agencies had
information on, and contacts with, some of the
individuals.
The CIA said it had contacted 22 of them as
sources of information. One decided not to
be involved; of the other 21, 7 were paid for
information or services provided. The CIA
said its contacts with some of them came at
a time, when there was an acute shortage of
intelligence on Soviet intentions and on
developments in Eastern Europe.
The FBI had information on 47 of the 111 in-
dividuals on GAO's list. It had a confident-
ial relationship with two of them; they were
not paid.
In the past the Department of State did not
cooperate with. investigations of war crimi-
nals because it was reluctant to pursue
leads overseas or to seek information from
Soviet sources. The Department expressed
concern that the Communist countries would
use its actions for propaganda. In the 1960s,
the Soviet Union had done so to embarrass the
West, particularly the Federal Republic of
Germany. The Department had information on
46 individuals, one of whom was employed as a
consultant.
The Department of Defense had information on
33 of the 111 individuals, one of whom was
provided employment.
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GAO reviewed correspondence and case files
and held discussions with many current and
previous Service employees including all
the Commissioners serving since 1954. These
reviews did not reveal evidence that any
agency had interfered with, or attempted to
influence, Service investigations of alleged
Nazi war criminals.
However, the deaths of some individuals and
unclear memories of others prevented GAO
from determining reasons for certain deci-
sions and the type of investigations
conducted.
At least three of the individuals included
on GAO's list had been assisted in enter-
ing the United States by Federal agencies.
The CIA Director used his authority to bring
a former senior official of the German For-
eign Ministry during the Nazi era (an expert
on the Soviet Union) into the country. He
departed in 1953 and records show that it
was not until years later that the Service
received an allegation that he had been in-
volved in atrocities.,
No information was found in the files of
the Service, the CIA, the FBI, Defense, or
State to indicate these or other agencies
engaged in a conspiracy to withhold or quash
information in their possession or to obstruct
prosecution deliberately. Nevertheless,.a
number of factors, such as lack of assurances
that GAO saw all documentation and the pass-
age of time, prevent GAO from being assured
of the validity of the above conclusion.
In addition, the factors below should be
considered in evaluating the Service's lack
of progress even though some cannot be
validated and some are conjecture.
--Some allegations were not in-
vestigated because they were
flimsy.
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--Some allegations were not investi-
gated, or investigation was per-
functory, because the allegation
originated from Communist countries
or from Communist propaganda.
--Although certain cases were investi-
gated and prosecuted before 1973,
some deportation orders were over-
turned and individuals were able to
remain in the United States. The
investigations of other cases may
have been curtailed or not undertaken
because they were considered to be
fruitless attempts.
--Although the Service did know in some
cases and may have known in others --
that information was available at
other Federal agencies, the Service
may not have obtained the informa-
.tion because it related to internal
or foreign security matters.
Although the overall validity, degree, and inter-
relationship of all the above factors is unknown,
they should help clarify some of the controversy
about the Service's progress over the years in
investigating and prosecuting alleged Nazi war
criminals residing in this country.
Even considering all these factors, some people
probably will persist in questioning the Serv-
ice's investigative and prosecutive efforts.
Publicity, interest, and controversy about the
Service's lack of progress may continue.
In August 1977 the Department of Justice es-
tablished the Special Litigation Unit in the
Service's central office to better control
and expedite investigations and prosecutions
of alleged Nazi war criminals. The Unit's
work should further improve the Service's
efforts in these matters.
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The Service could also improve its investi-
gations by:
--Reviewing cases where eyewitness
testimony has been received to
determine if this is sufficient
evidence to warrant action.
--Establishing procedures for prompt
receipt of the results of checks,
by other Federal agencies, includ-
ing those involving Department of
State requests for information from
other countries.
--Reviewing closed cases to determine
if other sources of information are
now available to substantiate the'
need for further investigation or
to validate the previous decision
to close the case.
--Visiting the Federal Republic of
Germany document center and the
Berlin Document Center as well as
other foreign document centers to
determine information available that
nright assist requests for informa-
tion from such sources for both cur-
rent and future cases.
--Updating inquiries with other Federal
.agencies:and foreign governments to
substantiate that an individual who
left the United States has not, in
fact, returned.
The Service agreed with these suggestions and said
that actions would be taken to accomplish them.
SCOPE OF REVIEW
The Chairman, House Judiciary Subcommittee on
Immigration, Citizenship, and International Law,
requested this report.
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GAO's work was carried out primarily at the
Service's New York office as well as in Wash-
ington, and at various places in the United
States where its cases were maintained. GAO
analyzed immigration and naturalization laws
relevant to alleged Nazi war criminals, re-
viewed Service procedures for handling al-
legations, and interviewed current and
former Service employees.
GAO also reviewed records and interviewed of-
ficials at the Department of State in Wash-
ington and visited Department offices in
Tel Aviv, Vienna, Bonn, Stuttgart, and
Berlin; and the Director of the Berlin
Document Center. Further, work was carried
out at the CIA, FBI, and the Department of
Defense.
GAO also interviewed the Chief, Israeli
Police Section for Investigation of Nazi
War Crimes, Tel Aviv, Israel; Director,
Documentation Center for Nazi War Crimes,
Vienna, Austria; Director, International
Criminal Section of Federal Republic of
Germany Justice Ministry, Bonn, Germany;
and the Director, Central Authority of
State Justice Administration, Ludwigsburg,
Germany.'
The Departments of Justice, State, and
Defense commented that the report was
generally a fair and accurate reflection
of the record. (See app. IV to VI.)
The CIA's formal response was not received
in time to be included in the final re-
port. The Agency orally informed GAO that
it agreed with the comments of the other
agencies as expressed above.
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C o n t- e n t s
DIGEST
CHAPTER
1
INTRODUCTION
Legislation after World War II
included prohibitions against
war criminals and other
persecutors
Publicity, interest, and con-
troversy exists about alleged
Nazi war criminals residing
in the United States
Scope of review
2
INVESTIGATION AND PROSECUTION OF
ALLEGED NAZI WAR CRIMINALS BEFORE
.1973
8
Cases not investigated
9
Allegations by a journalist
and a Member of Congress
9
Information referred by the
FBI not reviewed
10
Cases investigated
11
Some investigations resulted
in litigation proceedings
12
INS inability to obtain in-
formation
countries
gations
from Communist
impeded investi-
13
Some investigations were
deficient
13
Viewpoints concerning INS'
handling of allegations
14
Judgmental factors influenced
investigative decisions
15
INS investigative priorities
before 1973 did not include
war crimes
16
Some allegations were con-
sidered Communist propaganda
16
Past INS experience may have
affected decisions not to
investigate
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Page
Charges of INS misconduct were
not substantiated 18
Internal Investigations Unit 18
FBI 18
Independent Study 19
Conclusions 20
3 INVESTIGATION AND PROSECUTION OF
ALLEGED NAZI WAR CRIMINALS AFTER
1973 22
Project Control Office improved
investigation results 23
INS established liaison with
Israel, organizations, and
individuals 23
Department of State established
procedures for obtaining
information 24
Special Litigation Unit will
handle alleged Nazi war
criminal cases 26
Cases recommended for or under
legal proceedings 27
Administrative improvements still
need to be made 27
Eyewitness testimony should be
reviewed to determine if it
contains sufficient evidence
to warrant action 28
Federal agencies should respond
to INS inquiries in a more
timely manner 28
INS should review closed cases
to determine if additional
information is available 28
Additional information may be
available at overseas
locations 29
Inquiries relating to persons
who left the United States
should be updated 29
Difficulties in denaturalizing
and deporting individuals 29
Individuals that entered the
United States after 1952 cannot
be prosecuted 30
Conclusions 31
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CHAPTER Page
4 INFORMATION AVAILABLE AT OTHER
FEDERAL AGENCIES CONCERNING
ALLEGED NAZI WAR CRIMINALS 32
CIA 33
FBI 34
Department of Defense 36
Department of State 37
Conclusions 39
5 THE CONTROVERSY--ALLEGED NAZI WAR
CRIMINALS RESIDING IN THE UNITED
STATE--MAY CONTINUE 40
Agency comments 43
Letter dated January 13, 1977, from
the Chairman, Subcommittee on
Immigration, Citizenship, and
International Law, House Committee
on the Judiciary
II Immigration and naturalization laws
relevant to alleged Nazi war
criminals
III Cases selected and reviewed
IV Letter dated May 9, 1978, from the
Assistant Attorney General for Ad-
ministration, Department of Justice 55
V Letter dated May 8, 1978, from the
Deputy Assistant Secretary for Budget
and Finance, Department of State 60
VI Letter dated May 10, 1978, from the
Deputy Assistant Secretary of
Defense, Department'of Defense 62
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ABBREVIATIONS
CIA Central Intelligence Agency
FBI Federal Bureau of Investigation
GAO General Accounting Office
INS Immigration and Naturalization Service
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CHAPTER 1
The Chairman, House Judiciary Subcommittee on Immigra-
tion, Citizenship, and International. Law, requested that we
review the Immigration and Naturalization Service's (INS)
progress in investigating alleged Nazi war criminals in the
United States and to determine whether INS personnel delib-
erately obstructed active prosecution of alleged Nazi war
criminal cases or engaged in a conspiracy to withhold or
quash any information in its possession. (See app. I.)
Certain facts need to be recognized in order to under-
stand the problems INS has encountered and will continue to
encounter in investigating, prosecuting, and deporting these
individuals.
First, the term alleged Nazi war criminal has been commonly
used and publicized over the years in referring to the.indi-
viduals in question and therefore is the term we used through-
out our report. The majority of the individuals against
whom allegations have been made, however, are from countries
now under Soviet jurisdiction and are not Germans, but are
alleged collaborators of the Nazis.
Next, no authority exists to institute proceedings
against an individual solely because allegations have been
made against him or her. The constitutional guarantees of
due process and equal protection under the law are applicable
to all persons in the United States, whether they are citi-
zens or aliens. Further, the Supreme Court of the United
States has ruled that proceedings under the Immigration and
Nationality Act can be proved only by clear, unequivocal, and
convincing evidence. Meeting these criteria is difficult
since the allegations relate to events which allegedly oc-
curred more than 30 years ago in other countries.
LEGISLATION AFTER WORLD WAR II
INCLUDED PROHIBITIONS AGAINST
WAR CRIMINALS AND OTHER PERSECUTORS
In order to resolve the problem created by the presence
in Europe of more than 1 million displaced persons in the
aftermath of World War II, special measures were taken to
facilitate the immigration of some aliens to the United
States. Under a directive issued by President Truman on
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December 22, 1945, about 40,000 displaced persons were
admitted to this country between December 22, 1945, and
June 30, 1948.
Congress, after a thorough study of the problem, passed
the Displaced Persons Act in 1948. Through June 30, 1953,
339,698 persons were admitted to the United States under the
act, as amended.
The continuing concern of the United States about the
displaced person problem in Europe and the economic and
political threat created by refugees and escapees from behind
the Iron Curtain led to the enactment, on August 7, 1953, of
the Refugee Relief Act of 1953. This act permitted 214,000
aliens to become permanent residents of the United States in
addition to the admissions authorized by the Immigration and
Nationality Act. Of these 214,000 aliens, the vast majority
were refugees and escapees from Communist persecution or
from natural calamity or military operations.
The Refugee Relief Act and the Displaced Persons Act,
as amended, contained provisions for barring entry to those
who had persecuted other persons on the basis of race,
religion, or national origin.
The Displaced Persons Act established a three-member
Displaced Persons Commission to issue regulations and ad-
minister the act. This Commission published regulations
which reiterated the provision of the act placing the
burden of establishing eligibility upon the applicant.
They also provided that
"No person shall be eligible to receive the
benefits of the Act, who * * * advocated or
assisted in the persecution of any person
because of race, religion, or national origin."
A Commission regulation provided that the Department of
the Army furnish the necessary investigative and administra-
tive assistance and submit a written statement as to whether
the investigation showed that an applicant had advocated
or assisted in the persecution of any person because of
race, religion, or national origin. Evidence and state-
ments of information were to be attached to the written
report by the Army made to the Commission. These regula-
tions were in response to section 13 of the act as amended
by the act of June 16, 1950, which'provided that
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"No visa shall be issued. * * * to any person
who advocated or assisted in the persecution of
any person because of race, religion, or national
origin."
The Refugee Relief Act, administered by the adminis-
trator of the Department of State's Bureau of Security and
Consular Affairs, also provided in section 14(a) that
"No visa shall be issued under this Act to any
person who personally advocated or assisted in
persecution of any person or group of persons
because of race, religion, or national origin."
Our analysis of immigration and naturalization laws
relevant to alleged Nazi war criminals is included in
appendix II.
PUBLICITY, INTEREST, AND CONTROVERSY
EXISTS ABOUT ALLEGED NAZI WAR CRIMINALS
RESIDING IN THE UNITED STATES
In spite of-the provisions of certain of the laws dis-
cussed in the previous section, since the end of World
War II there have been rumors and charges that of the
thousands of displaced persons as well as others who ?
entered the United States, a number had participated in
Nazi war crimes in the U.S.S.R., Eastern Europe, and the
Baltic states.
Also, Congress received testimony in the early 1950s
which (1) criticized the International Refugee Organization
for its apparent laxity in determining the eligibility -of
displaced persons and the Displaced Persons Commission for
accepting certain international refugee organizations and
(2) indicated that a number of aliens appeared to have been
admitted to the United States despite adverse reports in
the Berlin Document Center relating to membership in the
Nazi Party or its auxiliaries.
In the 1950s and 1960s newspaper articles, various
publications and radio commentaries discussed the allega-
tions against some of these individuals. In recent years
books and radio and television programs have covered the
subject and members of the Subcommittee and others have
shown interest. Statements by some parties have included
charges of INS misconduct in its investigations of alleged
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Nazi war criminals. In the early 1970s an INS employee com-
plained that his investigation of alleged Nazi war criminals
was hampered by INS"officials. Two investigations of-his
complaints were made and neither disclosed any irregularities.
(See p. 18.)
Also, a book on the subject of Nazis in the United
States indicated that documents were missing and files were
misrouted, misplaced, or lost, and that INS was infiltrated
by an organization dedicated to protect Nazi war criminals
who escaped prosecution for their crimes.
SCOPE OF REVIEW
We analyzed immigration and naturalization laws rele-
vant to alleged Nazi war criminals and reviewed (1) INS
procedures for handling allegations and (2) 94 of 111 cases
selected from INS files.
In March 1977 we selected an initial sample of 75
? cases. In August 1977, during hearings by the Subcom-
mittee on the status of our work, Representative Holtzman'
requested us to expand the scope of our review to include
all cases where allegations were received before 1973.
After screening investigative files, and cases identified
in a report prepared for INS in March 1977, 1/ we selected
36 additional cases for review. We were not able for vari-
ous reasons (see app. III) to review all of the 111 cases
in our sample; of the 94 cases reviewed, 40 contained
.allegations received before 1973.
We.interviewed current and former INS employees, De-
partment of Defense, Central Intelligence Agency (CIA),
and Federal Bureau of Investigation (FBI) officials; and
other persons considered knowledgeable sources concerning
Nazi war criminals.
Our review was performed primarily at the INS New York
district office and central office in Washington, D.C.,
and at various INS locations in the United States where
1/A former INS employee, under contract with INS, performed
a study of actions taken by INS with regard to Nazi war
criminals and prepared the above March 1977 report. Some
of the background information and other material included
in our report was excerpted from his report. (See p. 19.)
4
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the cases were maintained. We also visited and interviewed
the Chief, Israeli Police Section for Investigation of Nazi
War Crimes, Tel Aviv, Israel; Director, Documentation Center
for Nazi War Crimes, Vienna, Austria; Director, International
Criminal Section of Federal Republic of Germany Justice Min-
istry, Bonn, Germany; and the Director, Central Authority
of the State Justice Administration, Ludwigsburg, Germany.
We reviewed records and interviewed officials at the
Department of State in Washington, D.C. In addition, we
visited Department offices in Tel Aviv, Israel; Vienna,
Austria; and Bonn, Stuttgart, and Berlin, Germany. Further,
we visited and interviewed the Director of the U.S. Berlin
Document Center, Berlin, Germany.
We have no indication that the information provided to
us by the various agencies was not accurate and complete.
Because of our restricted access to the files, however, we
cannot adequately assure the Subcommittee and the Congress
that our findings are complete.
The matter of access to intelligence-type information
by the Congress or its agents, such as GAO, is complicated.
Executive agencies must be concerned with protecting sensi-
tive information and congressional committees need the in-
formation to properly carry out their oversight functions.
Thus, the conflict between the need to know and the need to
protect exists. Therefore, when we began our work in January c
1977 an arrangement was needed that accommodated both.
In April 1977, with the assistance of Chairman Eilberg,
we reached an agreement with the agencies whereby INS would
screen the appropriate files and cases for third-agency docu-
ments and would obtain approval from the third agency, such
as the CIA, FBI, and the Departments of Defense and State,
to release the documents for our review. However, it was
not until August that the majority of the third-agency docu-
ments were cleared and provided to us. Also in August, the
Department of Justice authorized us, under certain guidelines,
access to cases recommended for or under legal proceedings.
We submitted our sample of 111 names to the CIA, FBI,
and the Departments of Defense and State and requested that
we be allowed to review any information these agencies may
have concerning the individuals in question. We also stated
in our request that we were interested in any contacts the
agencies may have had, including oral communication, with INS
personnel, Department of Justice officials, other Government
agencies, and administration officials concerning the subject
matter.
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The CIA and FBI as agreed prepared summaries in lieu
of providing original documents of any file holdings on our
sample of 111 names. We reviewed the summaries, and the
agencies when requested provided original documents appro-
priately sanitized to remove intelligence sources and methods
on any matters which they considered to be significant to the
.investigation. The summaries included references to informa-
tion originated by other agencies so that we could contact
those agencies to obtain the documents if necessary. The
agencies' summaries, as agreed, did not contain personal
identities, intelligence sources or methods, and other in-
formation not related to our inquiry.
Also, the CIA said that the staff of the House
Judiciary Subcommittee on Immigration, Citizenship, and
International Law was allowed to review the summaries it
provided to us and copies of original CIA documents, after
appropriate sanitization, on those cases of particular
interest to the Subcommittee.
It was further understood by all agencies involved in
this review, that since a number of the cases were under
current or possible future litigation by the Department of
Justice, Department guidance would be obtained in provid-
ing available information for our. review. This understanding
was necessary so that the agencies involved would not in any
way prejudice any ongoing litigation by the Department. In
addition, as part of our agreement with the Department, the
contents of this report were reviewed and approved on the
basis that its contents would not prejudice any ongoing
litigation. In addition, all agencies-involved and the Sub-
committee agreed that the individuals included in our sample
would not be named.
This agreement was made in order that we not prejudice
any ongoing litigation and also to protect those individuals
against whom allegations either have not been proven or in-
vestigations have not been completed. Included in our
sample are individuals who died before INS received the al-
legation about them. INS' investigation ceases when it
finds that the individual has died; thus the allegation is
neither-proved nor disproved.
The above arrangements and agreements appeared reasonable
in view of the complicated matter of access to intelligence-
type information, and agency officials were cooperative and
open in our discussions with them. We have made certain con-
clusions and observations based on the material we have seen
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and persons we have interviewed. However, due to the constant
screening of files, lack of an INS centralized file system
or, before 1973, lack of a program concerning alleged Nazi
war criminals, and the fact that we had to use CIA and FBI
prepared summaries in lieu of receiving actual case files,
we do not have the assurance that we have seen the necessary
documentation which would have enabled us to make any valid
determinations as to the objectives of the Subcommittee's
request.
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CHAPTER 2
INVESTIGATION AND PROSECUTION OF ALLEGED
NAZI WAR CRIMINALS BEFORE'1973
We identified 57 cases in which INS had received allega-
tions before 1973 of Nazi war criminals residing in the
United States. These allegations came to the attention of
INS from a variety of sources. Most allegations about these
individuals resulted from newspaper reports, a series of-arti-
cles, and books. The allegations generated inquiries to all
levels of Government from private individuals and organiza-
tions. Some of them were referred to INS by means of con-
gressional inquiries and others by the FBI, CIA, and
Department of State.
As discussed in appendix III, we reviewed in detail 40
of the 57 cases. INS had not conducted investigations in 20
of the 40 cases. INS had made inquiries, however, in some
cases before a decision was made not to investigate. In five
cases, for example, INS inquiries had disclosed that two sub-
jects were deceased, two had left the country, and one was
a diplomat and not subject to immigration laws. In another
case, INS limited inquiries to other Federal agencies and
.decided not to investigate. The reasons investigations were
not conducted in the other 14 cases were not evident from
a review of the case files.
Of the 20 cases in which investigations were conducted,
inquiries were made with overseas sources in nine. In five
of the nine cases, investigations appeared to be thorough,
and convincing cases were developed and prosecuted. Although
two persons were expelled from the country, legal procedures
allowed the other individuals to remain. In most of the other
15, investigations appeared to have been deficient or per-
functory.
INS' lack of progress led to charges of misconduct in
the handling of these cases. A review of INS and other agency
files, interviews with INS personnel and other knowledgeable
individuals, and a review of other investigations relating
to alleged INS misconduct indicate that INS was not involved
in any deliberate effort to obstruct either investigation
or prosecution of these cases.
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CASES NOT INVESTIGATED
For the 14 cases not investigated, the allegations on
10 originated from a freelance journalist or a Member of
Congress. The FBI had supplied INS with allegations in
five cases; one of which was also submitted by the
journalist.
Alle ations y_a_'ournalist
and a Member of Congress
During the early 1960s a freelance journalist published
articles citing persons who allegedly committed wartime
atrocities. A list of 16 names was submitted to the At-
torney General for inquiry. The journalist stated that in
some cases several foreign governments had requested extra-
dition, while in others INS hearings or trials had been
held. INS replied to the journalist that. no extradition
proceedings were pending against any of these individuals.
INS furnished in the reply biographical information showing
that it reviewed these case files.
The journalist, not satisfied with the INS response,
informed the Attorney General that substantive questions--
how many Nazi war criminals are in the U.S. and what is going
to be done about them--had not been answered. A Justice
Department official subsequently informed the journalist
that additional information would not be provided.
A Member of Congress made an inquiry about 23 persons
alleged to be Nazi war criminals, allegation on 16 had been
previously furnished by the journalist. INS also supplied
the Member with biographical information on the subjects.
Our review of 19 of the 23 allegations showed that 5
had been previously investigated. Of the 14 not investigated,
one was deceased, two had left the country, and one was a'
diplomat not subject to immigration laws. For the remaining
10, we found no specific reason why an investigation was not
initiated either in the files or in our interviews with INS
officials who may have been involved in handling these al-
legations. Certain officials said the cases had occurred
so long ago they could not remember details. Although the
journalist characterized INS' handling of these cases as
evasive and negligent, he did not believe that there was
a concerted effort within INS or other agencies to sup-
press investigations.
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Information referred
by_the FBI not reviewed
The FBI had informed INS of five persons alleged to be
Nazi war criminals. One of them had also been referred by
the journalist. There is no indication in the INS files
that it reviewed the information referred and took appro-
priate action.
For example, the FBI provided.INS with information in
1964 that a subject was alleged to have committed crimes
against Soviet citizens during the war. The information
was obtained from various sources which included a domestic
newspaper and a letter from a Russian resident. The FBI
interviewed people living in,the United States but could
not find any proof of the allegations. There is no evi-
dence in the file to indicate that INS reviewed the infor-
mation when, it received the allegation. This individual
and one other later applied for citizenship and naturaliza-
tion examiners upon review of the files requested an investi-
gation apparently on the basis of the FBI documents. For
two other cases, one referred in 1964 and the other in 1972,
no investigations were conducted until after the INS New York
Project-Office had been established in July 1973. After this
office was established, other allegations were received and
investigations were conducted in these two cases.
In the fifth case, the FBI provided an INS district
office with information stating that the subject was a mem-
ber of a Nazi execution. group. The district office asked
six people to appear at the office. The file indicates
that two affidavits were taken; the investigator told
us that~he did not record all the interviews because the
testimony related to hearsay knowledge of alleged atroci-
ties committed by the subject.
He also told us that he discussed the case with his
supervisor and based only upon the above interviews, it was
decided that there was no reason to investigate. A memo-
randum of this discussion was not in the file, and the in-
vestigator could not recall if a memorandum was prepared.
Because the file did not include proper documentation, the
investigator's reason for not investigating this case appears
questionable.
An INS official said that there was no formal proce- .
dure for reviewing documents referred by other agencies. In
addition, a former INS official stated that it was a common
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practice for district office personnel not to review FBI
documents received by mail. When the documents were
received, clerical personnel merely placed them in the
file.
Of the 20 cases investigated before 1973, INS had
obtained information from domestic and foreign sources in
nine. In three of the nine cases, because the Department
of State had precluded INS from obtaining information from
communist countries, the investigations were closed. In a
fourth case, the file did not contain a justification for
closing the investigation. An investigator assigned to the
case told us that the subject when interviewed was not men-
tally competent and the investigation was closed. INS had
initiated litigation proceedings in five cases.
In the other 11 cases INS had not made inquiries over-
seas. The rationale for closing the investigation in three
of these cases was reasonable. In one of the three cases,
the INS investigation consisted of interviewing the subject
and making inquiries with local police. INS found the sub-
ject had been a naturalized citizen since 1921 and the person
making the allegation had mental problems. In the other two
cases persons were suspected of being members of the Nazi
party, but neither had been accused of committing atrocities.
INS investigations included making inquiries to the FBI and
CIA and interviewing the subjects. It concluded there was
no evidence.to substantiate the allegations. that the subjects
were members of the Nazi party.
Investigations in the other eight cases were deficient
because
--in six cases INS did not attempt to contact
overseas sources, even though the subjects
were alleged to have committed crimes in
foreign countries;
--in one case INS did not fully pursue investi-
gative leads; and
--in one case INS did not investigate potentially
derogatory information.
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Some investigations resulted
in litigation
_pro2,ted ing.E Litigation proceedings were initiated in five of the
nine cases in which inquiries were made overseas. One indi-
vidual who was a visitor was deported and another consented
to denaturalization and was extradited. In the other three
cases, the individuals were ordered deported by the INS
special inquiry officers, but due to legal appeals and pro-
cedures, they remained in the United States. We did review
two other cases that were prosecuted in the period before
1973. (See app. III.)
The following illustrates some of the difficulties INS
had in deporting individuals, even when prosecution was
initially successful. In one case, a special inquiry officer
ordered an-individual deported in June 1955. The Board of
Immigration Appeals sustained his decision. The subject then
filed an application under section 243(h) of the Immigration
and Nationality Act (1952) to stay his deportation because
he would be politically persecuted by the country to which
he was to be deported.
The Regional Commissioner ordered in September 1958
that the subject's application be denied. Until November
1962 when the Department of State informed INS that the for-
eign authorities would not issue travel documents to effec-
tuate his deportation, the decision was under appeal.
In another case,that had been closed previously,' deporta-
tion proceedings were reopened in 1962 for introduction of
new and material evidence.' In March 1977 a' special inquiry
officer' ruled that
"* * * it is clear, beyond doubt, that in deter-
mining the cause initially, I applied,,as the
standard of burden of proof, that the Service was
required to establish its case by reasonable,
substantial and probative evidence. The quantum.,
and degree of proof have not been materially added
.to subsequent to my determination-of 1960 and the
Board's determination of 1961. The law, however,
has been materially changed. The Supreme Court
of the United States, in Woodby_v. Immigration
and Naturalization Service, and Sherman-v. Immi-
gration and Naturalization service, 35 L.W., 4033,
and 4-0-5'9-(December 12, 1966) has decreed that
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'* * * no deportation order may be entered unless
it is found by clear, unequivocal and convincing
evidence that the facts alleged as grounds for
deportation are true.' This is a much more pre-
cise and strict standard. I now find the evidence,
in its entirety, in this cause, as adduced in sup-
port of the charges, does not rise to the exacting
stature now required * * *."
He ordered that the deportation proceedings be
terminated.
INS inability to obtain
information from Communist
countries impeded investigations
During the early 1960s INS requested the Department of
State to obtain information from Communist countries on
three persons who were alleged to have committed crimes in
the Soviet Union during the war, but INS was precluded from
obtaining such information. In one case, the American Em-
bassy in Moscow told INS that information on alleged crimes
was not openly available and, if requested, the Soviet Union
would furnish only information it considered to serve its
purposes. Further, the Embassy said that the motivation
of Soviet newspapers in publishing allegations has been to
embarrass the western country rather than to seek justice.
The Department concurred in the Embassy's view.
Although the case files do not contain evidence that
this Departmental action influenced INS decisions.not to
request information from the Soviet Union in other cases,
INS officials told us that it may have influenced investi-
gators from making such inquiries.
Some investigations were deficient
As mentioned on page 11, investigations in 8 of 20
cases were deficient. In six of the eight cases, where the
subjects were alleged to have committed crimes in Communist
countries, INS efforts were generally limited to making
routine record checks with other agencies, interviewing
subjects, and in one case interviewing potential witnesses
living in the United States. No inquiries were made to the
Communist countries. As previously discussed, the Department
of State precluded INS from obtaining information from Com-
munist countries in other cases, which may have influenced
INS actions in these cases. These investigations were closed
because there was no evidence to substantiate the allegations.
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In another case investigative leads were not fully
pursued. Two persons provided INS with an affidavit
stating that a subject was a commandant of a Nazi SS
group and directed men to liquidate Jews. The affidavit
also stated that the subject killed an individual, and
identified a potential witness living in an eastern city.
The central office directed the district office to conduct
a thorough investigation.
Sources in New York as well as inquiries with the FBI
and CIA did not reveal any derogatory information in this
case. The potential witness stated that his only knowledge
of the subject's activities as a Nazi was obtained from the
people who signed the affidavit and that they had obtained
the information from an individual living in a midwestern
city. We found no reports in the case file concerning the
nature, scope, and results of the investigation nor evidence
to indicate that the persons who signed the affidavit or the
potential midwestern witness were interviewed.
In another case potentially derogatory information was
not 'investigated. After INS closed an investigation in the
1950s, the FBI provided . several reports, one.citing testimony
of a witness that the subject committed atrocities. We found
no evidence to indicate that this information was reviewed
by either the INS investigative section or the naturalization
examiner before the subject.became a naturalized citizen.
VIEWPOINTS CONCERNING INS'
HANDLING OF ALLEGATIONS.
There' waC 'no centralized direction for investigating
alleged Nazi war criminals before 1973. Current and former
INS officials believe that this investigative effort did not
exist probably because of higher priority work and because
no one,saw a need to have a specialized program. Another
reason given was that during the 1950s, INS decentralized
its operations and assigned responsibilities for managing
investigations and case, control to field offices. The INS
March 1977 report indicated that little headquarters at-
tention was given war crimes because of the relatively few
allegations with substance and preoccupation with other
types of cases given a higher priority for a variety of
reasons.
We interviewed numerous individuals who had responsi-
bilities for these cases or who were in positions of
authority, including past and present INS officials.and
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investigators and other persons said to be knowledgeable
of the area. Some people who were involved in these cases
are deceased or in ill health and not available for inter-
views. Some people interviewed said that due to the passage
of time they had unclear memories as to the reasons for cer-
tain decisions and the type of investigations conducted.
The persons interviewed--including all of the INS Com-
missioners since 1954--said that INS and other agencies were
not involved in a conspiracy to withhold or quash informa-
tion in INS' possession and did not deliberately obstruct
active prosecution of cases. All of the INS officials said
that there had been no attempts by other Government offi-
cials or agencies to interfere in any of the cases.
An INS investigator said that judgmental decisions
were made by INS officials in the 1960s concerning the
nature and extent of investigations conducted, and these
decisions must be analyzed in the nature of the times and
the fact that sources now. available, such as in Israel and
the U.S.S.R., were not available when the allegations were
received. Former INS officials stated that the political
atmosphere of the cold war with the U.S.S.R. may have been
a factor affecting INS' handling of these cases.
Judgmental factors influenced
investiqative decisions
As stated previously it is unclear why a number of
the cases were not investigated.. INS officials said that
decisions to investigate an allegation were judgmental.
Decisions to investigate allegations received at district
offices and the central office were made by various offi-'
cials over the years. We were informed that in making
decisions these officials, depending on the time and cir-
cumstances, probably considered the merits of the allegation
and the following factors.
--Investigative-priorities both within the district
and Service-wide and,the number of investigative
personnel available to be assigned.
--The cold war situation including whether (1) the
allegation may have been Communist propaganda
and (2) potential information and witnesses were
needed from countries under Soviet jurisdiction.
In addition, we believe that INS past investigations and
prosecutions may have influenced decisions not to investigate.
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INS investigative priorities
before 1973 did not include
war crimes
The INS March 1977 report and some INS officials we
interviewed stated that before 1973 INS investigative pri-
orities were in the areas of subversion, smuggling, and
antiracketeering. Officials stated that investigations of
subversives were emphasized in view of the congressional
and public opinion concerning Communism during the postwar
years. This resulted in assigning these cases to the most
experienced and talented personnel and in the most generous
allocation of resources.
The extensive INS efforts spent on subversive cases
resulted in deportation of 230 persons during the 10-year
period 1951 to 1960. Only 15 persons were deported on sub-
versive or anarchistic grounds during the following 10
years--1961 to 1970.
Centralized control and supervision of the efforts in
smuggling operations was a natural development due to the
increasing volume of this type of operation and the danger
of introduction of subversive elements by this method.
The Government-wide antiracketeering measures auto-
matically involved.INS because of its authority to investi-
gate immigration status of aliens and to administer the
exclusion and deportation provisions of the Immigration
and Nationality Act. There were indications that organized
crime was. involved in lucrative smuggling arrangements.
Some allegations were considered
Communist propaganda'
In the 1960s, the Soviets periodically requested
extradition of alleged war criminals who were then residing
in the United States. No response was made to the requests.
because there is no extradition treaty between the United
States and the U.S.S.R. Also, some of the Department of
State files on the subject of war crimes and war criminals
indicate that these extradition requests, as well as other
U.S.S.R. reports concerning alleged war criminals residing
in the United States and elsewhere, were considered to be
propaganda. As previously mentioned, the Department of State
precluded INS in one instance from obtaining information
from Communist countries due in part to the fact that the
Soviet Union would only furnish information it considered
to'serve its purposes.
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The U.S.S.R. reports were distributed to other
Government agencies such as the National Security Council,
the CIA, the FBI, and the Department of Justice. In fact,
we found references in some of the case files that the
allegations were considered to be propaganda. Also, sub-
jects of some allegations claimed-this to be the case when
interviewed by investigators.
During an investigation of an alleged Nazi war crimi-
nal, INS contacted a knowledgeable source who commented on
the propaganda aspects-of the case. The source stated that
charges against the subject were questionable because of a
newspaper article which appeared during the "cold war."
He said the newspaper which wrote about the subject of the
investigation was an instrument of the Soviet Communist Party
and the author of the article was a Communist. (The newspaper
had other articles about individuals alleged to have parti-
pated in atrocities.) He said the author was probably given
the information from a Soviet source.
He stated that the subject might have been considered
for recruitment into Soviet intelligence and the Soviets may
have threatened him with exposing his wartime activities if
he did not comply. The source also informed us that he felt
that blackmail tactics were used against people whom the
Soviets tried to recruit as intellgence agents to work in
the United States.
Past INS_experience may have affected
decisions not to investigate
We believe INS' past performance in investigating and
'prosecuting Nazi cases may have indirectly affected some of
the later decisions to investigate. To illustrate:
--A great deal of time and effort was spent in
investigating and prosecuting the five cases
during the 1950s and 1960s previously mentioned,
without overall successful results.
--Investigations had been initiated but were
limited because INS could not pursue overseas
sources of information.
--The Supreme Court ruling that the evidence
needed for deportation had to be clear, con-
vincing, and unequivocal may have dissuaded
investigators from pursuing cases.
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Several INS personnel indicated these factors may have
been considerations in judgmental decisions. They also in-
dicated investigators and/or their supervisors may have
decided that because certain investigations would have been
fruitless, they pursued other types of cases where their
chances of success were higher. Some former INS investiga-
tors stated that certain allegations should have been investi-
gated but that the above factors may have affected the deci-
sions not to investigate.
CHARGES OF INS MISCONDUCT
WERE NOT SUBSTANTIATED
Due to?the charges of INS misconduct, two investigations
were undertaken--one by the INS' Internal Investigations Unit
in August 1975 and the other by the FBI in September 1973.
Also, on January 6, 1977, INS contracted with a former INS
employee to independently--not as an agent of the Govern-
ment--study INS actions taken with regard to Nazi war crimi-
nals during the period since 1945. Previous references have
been made to his study in this report.
Also, during the early 1970s, the Department of Justice
conducted an investigation, called "Operation Cleansweep,"
of alleged INS wrongdoings. According to a Departmental
official this investigation did not include any allegations
of wrongdoings by INS personnel or by others involved-in
investigating and prosecuting alleged Nazi war criminal
cases.
Internal Investigations Unit
The INS Internal Investigations Unit investigated INS'
handling of allegations of complicity or participation in
wartime atrocities because of public statements a former INS
investigator made that investigations had been suppressed,
blocked, and improperly closed. The investigation was con-
ducted from April to July 1975 in New York, Boston, Detroit,
Chicago, San Francisco, Los Angeles, and San Diego. The
Unit's report, dated August 11, 1975, includes the finding
that there was no "roadblocking" or any improper activity
relative to the Nazi war criminal investigations.
In 1973 an FBI administrative inquiry into INS activi-
ties was predicated on receipt of a memorandum from the Deputy
Attorney General, which cited a former INS investigator's
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allegations of security leaks and roadblocks. The FBI inter-
viewed the investigator who made the allegations, the district
director, the security officer, and other employees who worked
in his office. Also, the FBI reviewed related INS files
and-memorandums. The investigator furnished additional in-
formation concerning his allegations, but the others inter-
viewed had no information about security leaks. The FBI
found no evidence during its inquiry to substantiate the
allegations.
Independent study
The INS contractor issued his report to INS in March
1977. 'A former SINS Commissioner requested the study because
of the allegations about INS wrongdoings with regard to its
investigation of Nazi war criminals. The report contained
in part background information about Nazi Germany, INS post-
World War II procedures for refugees and displaced persons,
and early investigations and current INS investigations.
On the basis of a search of INS central office subject
files for information on or allegations against suspected
Nazi war criminals and interviews with current and former
INS personnel the contractor was able to identify certain
Nazi war criminal cases. Some were known cases because of
special INS efforts to either exclude or expel the individual.
The report said that because statistical data was not
maintained for these types of cases, no information existed
as to when individual cases commenced, why they were started,
where they led, or when and how they were concluded. Our
review substantiated this aspect of the contractor's report.
He found as we did that the recollection of personnel
was helpful only to.a limited extent. Employees could recall
isolated incidents and details of cases but could not tell
us specifically what happened or who was responsible for the
actions taken in some cases.
The contractor stated that the cases that could be
identified generally represented a substantial effort with
a low percentage of success in accomplishing exclusion or
expulsion. He believes additional cases exist in the more
than 30 million other files in areas under the jurisdiction
of 49 INS offices, but such cases would not be retrievable,
without better information.
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The contractor's conclusions, in part, were:
--The volume of cases of alleged Nazi war criminals
has never been more than minimal.
--The likelihood is slight that INS will have greater
success in current and future investigations and
proceedings against alleged Nazi war criminals.
--The' lack of credible eyewitnesses is likely to be
a continuing problem.
--The actual deportation of an individual is im-
probable because of lack of statutory authority,
eligibility for administrative remedy, unavail-
ability of travel document, introduction of
private bills in Congress, litigation, and
inability to travel due to poor health.
--Some cases that might have been investigated
were not when the allegations were originally
received.
--Some investigations did not appear warranted.
--Administrative delays have been minimal in the
investigation of allegations of complicity. or
participation in atrocities. (The public rela-
tions problem, however, causing'loss of time
and productivity, is likely to continue.)
The contractor noted that the decision to investigate
was made on the basis of various criteria, persumably, on
the circumstances and the nature, extent, and source of the
allegations in each case as well as on jurisdiction and
authority to investigate.'
CONCLUSIONS
Based upon a review of INS files and other agency in-
formation, interviews with various INS personnel and indi-
viduals knowledgeable in the subject matter and a review of
other investigations relating to INS' misconduct, it appears
that INS was not involved in a deliberate effort to suppress
information.
We reviewed 40 cases in which INS received allegations
before 1973. Twenty cases were not investigated, and in 11
of the other 20, investigations were limited to domestic
sources.
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Some cases were not investigated because the individual
was deceased or had left the country. Some allegations may
have been flimsy; for example, the nature of the allegation
may have been only that a person thinks a certain individual
was a Nazi. Others were not investigated or the investiga-
tion was perfunctory or deficient because the allegation
originated from Communist countries; for example, in three
cases, the Department of State precluded INS from obtaining
information from Communist countries.
Thus, judgments were made in these types of cases in
light of the political atmosphere prevailing during the times
in question, and other cases were probably not pursued for
the same reason. Also, the judgment of INS and other Federal
agencies that these allegations were Communist propaganda may
have been valid in view of their experience and the political
atmosphere.
The decentralization of operations within INS and
unclear memories or death of some individuals prevented
us from determining the reasons for certain decisions, the
type of investigation conducted, and who should have been
or was responsible for the decisions made.
Investigations were either not conducted or deficient
in some cases apparently due to INS inefficiencies. For
example, in some cases, information from the FBI was not
reviewed when received. We brought this to the attention
of INS officials so that corrective procedures could be
developed.
Some cases were investigated and prosecuted before
1973. Two persons were expelled from the country, but'
orders for the expulsion of others were overturned and
procedures available under the law enabled the individuals
to remain in the United States in yet other cases.
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CHAPTER 3
INVESTIGATION AND PROSECUTION OF
ALLEGED NAZI WAR CRIMINALS AFTER 1973
In early 1973, INS took actions to improve its investi-
gative efforts in cases involving allegations against Nazi
war criminals in the United States by establishing:
--A Project Control Office in New York to
coordinate these cases.
--Liaison with Israel, organizations, and
individuals having knowledge of atrocities
committed during World War II.
--Procedures with the Department of State to
obtain information from foreign countries
including Communist countries.
As a result of these improvements and increased atten-
tion given to Nazi war criminal cases, sufficient evidence
was developed to initiate legal proceedings against some
individuals who had been previously investigated. Further,
in August 1977 INS decided that Nazi war criminals cases
should be placed in. the central office under the direct
control of the General Counsel. The Special Litigation Unit,
was subsequently established to handle these cases. INS ex-
pects the Unit to be fully staffed in May 1978.
INS reported-that as of April 1978, it had received
252 allegations. Eighty-one cases were not investigated
either because the individual was deceased, had left the
country, could not be located, could not be identified
with the allegation, or the allegation itself was not suf-
ficient. Two cases were pending preliminary inquiry to
determine if an investigation should be conducted. INS
reported that 169 cases had been assigned for investiga-
tion, 21 of which had been recommended for legal proceedings.
Legal actions had been initiated on 13 of the 21 cases (5 of
the 13 had been closed prior to 1973).
For 54 cases we reviewed in which allegations were filed
after 1973, INS had substantially improved its handling of
such cases. Further improvements should result from INS'
centralizing the Nazi war criminal project in a special unit
in the central office. Several areas, however, need addi-
tional improvement.
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PROJECT CONTROL OFFICE
IMPROVED INVESTIGATION RESULTS
In 1973 INS established a Project Control Office in the
New York district to give emphasis and priority to alleged
Nazi war criminal cases. The Office began to more actively
investigate, both domestically and overseas, alleged crimi-
nals who now reside in the United States.
An operations committee was set up to supervise the
cases and to recommend to the eastern regional commissioner
when a case should be closed or a deportation or revocation
proceeding instituted. The final decision to close a case
was made by the central office. The Office achieved results--
as evidenced by the fact that 13 cases were under legal pro-
ceedings after 1973 as compared to 7 before 1973.
Although investigations of such cases were centralized,
prosecutions were divided between denaturalization cases han-
dled by U.S. attorneys and deportation cases handled by INS
district office attorneys.
INS ESTABLISHED LIAISON WITH ISRAEL,
ORGANIZATIONS, AND INDIVIDUALS
After establishment of the Project Control Office, INS
tried through its Athens, Greece, office to establish liai-
son with two Israeli officials in 1974. According to INS,
the American Embassy in Tel Aviv recommended that because
of the nature of the request, the Department of Justice
should submit it to the Department of State. It was not
until the following year that the Project Office was given
permission by the Department of State to establish liaison
with Israeli officials in the United States. The Superin-
tendent of the Section for the Investigation of Nazi War
Crimes of the Israeli Police said that his section's first
official contact with the American authorities about in-
vestigations of Nazi war criminals was in 1975.
The central office directed the Project Office, as part
of the investigation procedures, to prepare a list of all
organizations, individuals, and sources of information con-
tacted during investigations of alleged Nazi war crimes.
This information was to. be included in the subject's file
and in the investigation report before the investigation was
completed.
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The Project Office subsequently submitted the names of
each individual investigated to 70 sources located domes-
tically and overseas, including Israel, war document centers,
German district attorneys, Jewish organizations, individuals,
and others. In addition, the INS district office, assigned
by the Project office to investigation domestically was
directed to contact local sources of information.
DEPARTMENT OF STATE ESTABLISHED
PROCEDURES FOR OBTAINING INFORMATION
In 1974 INS sent requests to the Department of State to
obtain information from foreign governments concerning
alleged Nazi war criminals residing in the United States.
In 1975 dossiers on some of these individuals were trans-
mitted by INS to the Department. After information on
cases had been received from the Berlin Document Center and
the Federal Republic of Germany, the Department submitted
the first list of names through the American Embassy in
Moscow to the Soviet government in January 1976. Repre-
sentatives Eilberg and Holtzman ,were instrumental in insist-
ing that information from Communist countries be obtained,
particularly from the U.S.S.R.
The following procedures were developed by the Depart-
ment in handling these cases:
--INS prepares a dossier containing a memorandum
of facts about the allegation (the subject's
-identity and'the nature and. source of the
allegation), visa application, affidavits con-
cerning the allegations, and,a photograph.
Before submission to the Department, INS seeks
additional information from Israeli authorities
and from the Jewish Documentation Center in
Vienna.
--The dossiers are reviewed by an attorney in the
Department and assigned a priority depending on
the seriousness of the allegations and the
reliability of the source.
--All names are forwarded to the Berlin Document
Center where captured Nazi government records
are kept under American control. The files
often contain, among other useful information,
dates and places of assignment. The names
are checked against various indexes at the
Berlin Document Center and any information
obtained is attached to the file.
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--The Federal Republic of Germany compares the
names against its central files at the Central
Office of the State Judicial Administration in
Ludwigsburg and also refers the names to the
central authority of state courts to determine
if reference to the individual in question was
made in trial testimony or pretrial investiga-
tions. Further, the central authority refers
each case to the appropriate state prosecutor.
The Department receives from these sources
copies of court proceedings, judicial investi-
gations, and court summaries that refer to the
person under investigation.
--The results of the Berlin Document Center and
Federal Republic of Germany checks are returned
to the Department for translation. The original
allegations and additional information collected
from the Berlin Document Center and Federal
Republic. of Germany are reviewed in the Depart-
ment to determine location of possible witnesses
and to see whether any shifts in priority are
warranted.
Simultaneous with the referral to German sources,
the case is referred to other appropriate foreign
governments. Information provided by foreign gov-
.ernments, such as the U.S.S.R., includes affidavits
taken by Justice Ministry officials who interview
contemporaneous sources, copies of documents from
state archives (e.g., police reports or decrees
signed by the individual being investigated),
photographs of massacre sites identified by wit-
nesses, and photographs of individuals being
investigated identified by witnesses. This in-
formation is given to the American Embassy, which
sends it to the Department for translation. The
translated materials are then forwarded to INS.
As of April 1978, the Department reported it received
139 cases from INS. The Department has referred 133 cases
to foreign governments=-110 to the U.S.S.R. and the majority
of the other 23 to eastern European countries. It has re-
ceived replies to 36 of its 133 referrals. Of the other
six, three were referred only to the Berlin Document Center
at the request of INS, and three were not referred because
(a) two subjects were deceased and (b) INS believes it has
sufficient evidence to initiate proceedings in the other
case.
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SPECIAL LITIGATION UNIT WILL HANDLE
ALLEGED NAZI WAR CRIMINAL CASES
After an internal review of the entire Nazi war criminal
project in August 1977, INS proposed to the Department of
Justice that the project be placed in the central office
under the direct control of the General Counsel. The De-
partment approved the plan and the Special Litigation Unit
was formed.
The Unit is under the direct supervision of the General
Counsel and the chief attorney of the unit was appointed in
September 1977. There were various administrative delays
in staffing the Unit until March 1978, but in the interim
the Unit Chief worked with four INS attorneys, several
assistant U.S. attorneys, and the New York'Project Office
on case investigations. From October to March, the attor-
neys spent about 10 weeks in litigation of various-cases.
As of April 1978, the Unit functioned. with four attor-
neys, two secretaries, and one paralegal. In May it is
expected to have five attorneys (not including the three
special assistant U.S. attorneys in New York who have
contributed to this effort), three secretaries (not in-
cluding the secretary assigned to the U.S. attorney staff
in New York), two paralegals, and three investigators.
All existing files and material connected with the
Nazi war criminal project were transferred from New York
and other district offices to the Unit at the end of March.
The Unit will be responsible for reviewing all case files,
even those previously closed, to ascertain whether there
is a prima facie case already existing or whether further
investigation is required.
The attorney responsible for each case" is to determine
the extent of the investigation necessary to develop the case
and convey his request for domestic investigation directly
to the appropriate district office's investigations branch.
The investigation report will in turn be sent directly'from
the district office for review by the attorney involved.
Requests for foreign investigation will be forwarded to the
Department of State or directly when necessary to the appro-
priate official in the foreign government concerned.
The attorney will also determine what witnesses should
be interviewed and he will see that interviews are con-
ducted both at home and abroad. Where the evidence is suf-
ficient to initiate either a deportation or revocation of
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citizenship case, the attorney will file the appropriate
pleadings and will be responsible for developing and liti-
gating each case to its conclusion, including appeal where
necessary.
CASES RECOMMENDED FOR OR
UNDER LEGAL PROCEEDINGS
As of April 1978, INS reported that 8 cases had been
recommended for legal proceedings and 13 were under legal
proceedings, the earliest case was in March 1975. Of the
eight recommended for legal proceedings 7 are denaturaliza-
tion cases under section 340(a) and one is a deportation
case under section 241(a) of the Immigration and Nationality
Act of 1952. The earliest date of these cases was July
1977, and the average number of months these cases had been
pending as of April 1978 was 6 months.
For 7 of the 13 cases under legal proceedings, denatu-
ralization pursuant to section 340(a) is presently being
sought in United States District Court. Hearings have
been completed on one case although a decision has not been
rendered, and hearings are scheduled for two cases. Hear-
ing dates have not been set for the other four cases, three
of which are undergoing discovery and in the fourth deposi-
tions from witnesses are scheduled.
In 4 of the other 6 cases, the subjects are presently
under deportation proceedings brought pursuant to sec-
tion 241(a) and hearings are in process. In a fifth case,
INS informed an alien who had already been found deportable
that it intends to withdraw an order of temporarily with-
holding deportation under section 243(h) of the act. An
action has been filed by the alien in United States District
Court and a temporary restraining order has been entered
against the Service. The last case is under grand jury
investigation.
ADMINISTRATIVE IMPROVEMENTS
STILL NEED TO BE MADE
Even though INS has improved its handling of alleged
Nazi war criminal cases since 1973, certain administrative
improvements still need to be made and should be considered
by the Special Litigation Unit in its review of all case
files.
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Eyewitness testimony should be reviewed
to determine if it contains sufficient
ev Bence to warrant action
According to INS officials, testimony from at least two
eyewitnesses is needed, as a rule, to initiate proceedings.
Our review of case files revealed that an investigation in
one case was closed and not reopened when eyewitness testi-
mony was subsequently received. Two other cases, one pending
with the Department of State and one under active investiga-
tion, also contain eyewitness testimony. These cases should
be closely reviewed by the Unit to see if the testimony from
one eyewitness is sufficient.
Federal agencies should respond to
INS inquiries in a more timely manner
INS offices make requests during investigations for
routine record checks of the CIA, FBI, and the Departments
of Defense and State by the use of a printed form. The
request usually asks if the agency has derogatory informa-
tion on the subject in question. These agencies usually
responded that they had no derogatory information, but in
some no response was found in the file. If no response is
received within 40 days from the agency, INS assumes there
is no derogatory information at the agency and no followup
procedures are initiated.
INS has also requested the Department of State to fur-
nish information from foreign governments. As of April
1978, 97 cases had been categorized as "Pending with State
Department." In several cases these inquiries had been out-
standing for more than 2 years.
INS should review closed cases to determine
if-additional information is available
When INS was not able to locate an individual, it closed
the case. Inquiries varied according to the information
provided in the allegation. For example, if a specific
address was provided, attempts were made to determine if
the subject lived at the location. In 11 of the 54 cases
filed after 1973 which we reviewed, the allegation originated
from sources within the Soviet Union but INS did not ask the
Department of State to determine whether additional informa-
tion on the cases was available in the Soviet Union.
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Additional information may be
available at overseas locations
INS has requested through the Department of State infor-
mation on people from the Berlin Document Center and the
Federal Republic of Germany. A quantity of information is
available concerning such matters as individuals and German
government activities during World War II and trials after
World War II. INS requests information on individuals' names;
however, information may be available under other categories
such as concentration camps, battles, sites of atrocities,
and trials of people who may have been associated with the
individual in question. INS agreed with our suggestion that
it visit these locations to ascertain the best means of ob-
taining available information on a case-by-case basis. We
also suggested that INS seek sources of information in other
countries such as Poland and the U.S.S.R.
Inguiries relatinuto_persons who left
the United States should be update
INS has classified three cases as "left U.S." In two,
it received allegations in the 1960s that the subjects
were Nazi war criminals. Evidence obtained revealed that
the subjects were no longer in the United States. When the
cases were reactivated in 1973, investigators relied merely
upon information collected in the 1960s and did not determine
whether the subjects were now living in the United States.
DIFFICULTIES IN DENATURALIZING
AND DEPORTING INDIVIDUALS
As noted on p.27, only 1 of 13 cases under legal
proceedings since 1975 had been completed. Eight others
recommended. for legal proceedings as early as July 1977
have not gone to trial.
In chapter 2 we discussed five cases that were prosecu-
ted before 1973:
--One was a visitor who was deported.
--One was subject to both a revocation of citizen-
ship hearing and a deportation hearing. The
individual consented to denaturalization and
subsequently was extradited.
--Three were initially issued orders of deportation,
but due to legal appeals and procedures, all three
have remained in this country.
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Excluding the one completed case, 13 of the 20 now recom-
mended for or under legal procedure are denaturalization cases
which means both denaturalization and deportation procedures
must be completed for the individual to be ordered deported.
Six are deportation cases and the other is under grand jury
investigation. All of the individuals are entitled under
law to certain rights such as appeal.
In some cases, legal requirements add to deportation
problems. For example, once a person has been determined
to be deportable, the Immigration and Nationality Act requires
that a country agree to accept the individual before he can
be deported. Another problem INS faces is that an alleged
Nazi war criminal who entered the country under the Immigra-
tion and Nationality Act of 1952 may not be deported on the
basis of criminal acts committed-unless he has been convicted
or has admitted committing such acts. The 1952 act repealed
laws that provided for exclusion of Nazis based on~something
other than conviction. (See app. II.)
Because of delays, appeals, and other procedures avail-
able under the law and the age of a number of these individ-
uals and potential witnesses, it appears, doubtful that 'the
Government will ever be able to deport many subjects of al-
legations regardless of the case it develops.
INDIVIDUALS THAT ENTERED THE
UNITED STATES AFTER 1952
CANNOT BE PROSECUTED
A person who entered the United States solely under the
act of 1952 would not be deportable because of war crimes
committed unless that person had been convicted of or ad-
mitted committing such crimes. Representative Holtzman has
introduced in the 95th Congress, two bills, H.R. 410 and
H.R. 412, to remedy this situation.
Under the provisions of H.R. 410, the Immigration and
Nationality Act would be amended to exclude from admission
into and to deport from the United States all aliens who
persecuted others on the basis of religion, race, national
origin, or political opinion. Under H.R. 412, which is
narrower in scope, the Immigration and Nationality Act
would be amended to exclude from admission into and to deport
from the United States'all aliens who persecuted others on
the basis of religion, race, or national origin under the
direction of or in association with the Nazi government of
Germany. The passage of either one of these bills would
assist INS prosecutive efforts. '.
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CONCLUSIONS
The establishment of the New York Project Office in 1973
and liaison with other Government agencies, Communist coun-
tries, Israel, Germany, and organizations has improved the
quality of INS investigations conducted after 1973. The re-
sults of the above improvements are illustrated by the fact
that sufficient evidence was developed to initiate legal
proceedings in 13 cases as compared to 7 before 1973.
The establishment of the Special Litigation Unit should
further improve INS investigations and prosecutions. We be-
lieve the Unit could further improve its investigative effort
by:
--Reviewing cases where eyewitness testimony has
been received from one person to determine if
INS'has sufficient evidence to warrant action.
In three cases there is an eyewitness account
but the cases are respectively categorized as
pending with State, under active investigation,
and allegation not sustained.
--Implementing procedures so that other Federal
agency checks are received in a more timely
manner, including Department of State requests
for information from foreign countries.
--Reviewing closed cases to determine if other
sources of information are now available to
substantiate (1) the need for further investi-
gation or (2) the previous decision to close
the case.
--Visiting the Federal Republic of Germany docu-
ment center and the Berlin Document Center
as well as other countries' document centers to
determine the information available that may
assist INS in requesting information from such
sources for both ongoing and future cases.
--Updating inquiries with other Federal agencies
and foreign governments to substantiate that an
individual who left the United States has not,
in fact, returned.
We discussed these matters with INS during our review.
INS agreed with our suggestions and said that actions would
be taken to accomplish them.
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CHAPTER 4
INFORMATION AVAILABLE AT OTHER
FEDERAL AGENCIES CONCERNING ALLEGED
NAZI WAR CRIMINALS
As noted in chapters 2 and 3, if an INS investigation
was conducted, it included "routine record checks" with
several Federal agencies. On February 7, 1977, Representa-
tives Eilberg and Holtzman asked the INS Commissioner if
routine record checks with several Federal agencies revealed
whether persons under investigation were employed or assisted
by any of these agencies.
The Commissioner responded in March 1977 that
"* * * there is nothing in the files that indicate
any agency, United States Government or otherwise
has expressed a desire to interfere with, impede
or dissuade our investigations of alleged Nazi war,
criminals."
In other correspondence to Representative Holtzman the Com-
missioner refers to a Federal agency's expression of interest
in one case but also states his assurance that this interest
played absolutely no role in the outcome of the investigation.
Our review of INS files and information provided by
other agencies confirmed the truth of the Commissioner's
statements. However, the question as to whether persons
under investigation were employed or assisted by any of
these agencies was not answered. The information provided
to us shows that certain persons on our sample list were
employed or assisted-by Federal agencies. We did not evalu-
ate the merits of the employment or assistance provided.
We requested information from the CIA, FBI, and the
Departments of Defense and State concerning the 111 indi-
viduals on our list.
The U.S. Army and the Displaced Persons Commission did
the background investigations (see p. 2) on some of the
individuals. However, Commission records, except for-those
in INS or other agency files, were destroyed in accordance
with Federal regulations. Commission and Army records in
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INS files indicated that individual investigations were some-
what limited apparently because information and records about
these individuals had been destroyed during the war or because
information and records on individuals were from countries
under Soviet jurisdiction and could not be obtained.
The CIA stated that an intensive search of its files
for information pertaining to individuals on our list in-
dicated there was no information on 54 or on any of the
aliases or name variants we listed for them. For the remain-
ing 57, summaries were prepared on the basis of information
in the files and indexes. The summaries on 35 of the 57 in-
dividuals contained references to newspaper articles and
other Federal agencies that may have information, correspon-
dence with other agencies, and general background information.
There was no indication the CIA had any contacts with them.
Also, 10 of the summaries said the individuals were considered
possible sources of information but were never contacted by
the CIA.
The summaries on the other 22 individuals indicated that:
--One was assisted by the Agency for entry into
the country under section 8 of the Central Intel-
ligence Agency Act of 1949, with the concurrence
,of the Departments of Justice and State. The CIA
informed us that the individual was a senior offi-
. cial of the German Foreign Ministry during the Nazi
era, who was an expert on the Soviet Union, and that
he was paid for his, services while he resided here.
The record shows he left the United States in 1953
-and the earliest record of an allegation against
this individual was not received by INS until years
later.
--Seventeen were contacted by the CIA in the United
States and one decided not to be involved. Of the
other 16, 4 were paid for the information or serv-
ices they provided. Also, 7 of the 16 had contact
with the CIA prior to entering the country, 4 of
whom were paid for their services.
--One was contacted and provided information before
but not after he entered the country. He was not
paid for his services.
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--Two had not entered the country but were con-
sidered and contacted as sources of information.
Only one of them provided information and was
paid.
--One, not contacted while he resided in this
country, contacted the CIA and volunteered
information after he left.
The last known contact with any of these individuals was
1965.
The CIA stated that except for the, one individual men-
tioned above it did not provide any type of assistance for
the other individuals'' entry into the United States. The
CIA also stated that it had not intervened in or obstructed
any INS investigation or prosecution concerning the individ-
uals on our list.
CIA summaries did indicate the Agency was aware of alle-
gations against some individuals during the time contact was
made and information was provided. The CIA informed us that
unproven allegations existed indicating that some of the
individuals of whom operational use was subsequently made
had been members, of wartime German organizations. The
CIA stated that its use of these individuals was not ruled
out by these allegations against them because they had been
screened by other Federal agencies and admitted to the United
States. The Agency stated, however, that in no case did it
make use of anyone against whom allegations of war crimes
were well-founded.
Further, the CIA, stated its contacts with these indi-
viduals came at a time when there was an acute shortage of
intelligence on Soviet intentions and developments in Eastern
Europe in general. The question of early warning against a
Soviet attack was pressing, particularly in the period fol-
lowing the blockade of Berlin. The individuals concerned
were all strongly anti-Communist and their willingness to
cooperate and their knowledgeability were the definitive
factors leading to their use by CIA.
The FBI stated that an intensive search of its central
files did not identify information on 64 individuals regarding
alleged Nazi war crimes or any of the aliases or name variants
listed. Summaries were prepared on the-basis of information
in its files on the remaining 47 on our list.
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Guidelines established with the FBI provided that if the
search of the'files indicated information other than alleged
Nazi war criminality, no summaries were to, be prepared. In
addition, if the file on an individual did contain both infor-
mation of alleged Nazi war criminality and other information.,
only the information relating to alleged Nazi war criminality
was included in the summary. The analyst reviewing the file
decided what information was to be included in a summary ,,
if any.
The summaries on the 47 individuals indicated. that:
--Fifteen were investigated between 1947 and 1972;
14 for purposes of security, and 1 as a Federal
job applicant. Information was provided to INS
on the 15.
--Twenty-three were never the subject of an FBI in-
vestigation. The summaries of 13 made reference,
to a newspaper article and one other referred to
several newspaper articles, all of which appeared
in the 197.0s. Also, two other summaries made
reference to information which might be available.
at other agencies. On the other hand, information
on seven was received from varied sources that
the individuals collaborated with the Germans
and/or participated in atrocities during World
War II. Four of these appeared in an "open
letter to the President" in 1966 about alleged
Nazi
war criminals
residing
in the U.S. Accord-
ing
to the FBI, the
files.do
not reflect that
'the
letter was ever
answered
or disseminated.
The
FBI could only
speculate
that it was not
disseminated because of the
format of the letter
and the singular, uncorroborated information
it contained.
--Four, were mentioned in relation to other investi-
gations done by the FBI.
--Five individuals were the subject of inquiries
by the FBI: two in the late 1940s and early
1950s and two in the early and mid-1960s. The
other has been the subject of several inquiries
since the late 1950s.
The FBI said that two of the individuals had had a
confidential relationship with the FBI but had not been
paid for their services. The last known contact with these
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individuals was in 1954 and 1972, respectively. Regarding
the latter, the FBI said it had received information from
another agency of allegations against the individual in
1954 and that it made no inquiry as to the other agency's
actions regarding the allegations.
We were informed that these individuals provided in-
formation to the FBI in confidence, fully expecting that
their identities would be protected. Also, since the con-
tinued flow of information from such sources, which is vital
to FBI operations, depends almost exclusively on the confi-
dence of these individuals that their identities not be dis-
closed, the FBI did not tell us the identities of the two.
The FBI said this is its standard policy with all Federal
agencies.
The FBI stated that it had not intervened in or obstruc-
ted any INS investigation or prosecution concerning the in-
dividuals on our list.
Department of Defense
The Department of Defense stated that an intensive
search of its files for information pertaining to indi-
viduals on our list indicated there was no information on
78 or on any of the aliases or name variants we listed for
them. The Department also informed us that investigative
records pertaining to routine investigations regarding some
of these individuals may have been destroyed in accordance
with the National Archives and Records Service's disposal
authority.
The U.S. Army did have information on 31 individuals
while the Air Force had information on 3,. 1 for whom the
Army had similar information. Information provided on 29
individuals generally pertained to investigations conducted
to determine individual eligibility as a displaced person
and to correspondence concerning background investigations.
None of the documents disclosed derogatory information.
Departmental information on the other four individuals
indicated that:
--One of the Defense agencies assisted an in-
dividual's entry into the United States and
provided employment after entry under a
Presidentially approved program to aid our
postwar military research. No known or
alleged war criminals were to be brought to
the United States under this program. The
agency had done an extensive investigation
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on the individual; its report and other
investigative information was in INS files
along with the documentation that the in-
dividual had been assisted. INS investigated
allegations received against this individual
years after his entry. Because the investi-
gation did not substantiate the allegations,
the investigation was closed.
--An Army intelligence agent had assisted the
individual described on p. 38 in his entry
into the United States.
--Army intelligence investigated but could not
substantiate war criminal allegations against
two individuals before their entry into the
United States. This information was made
known to other Federal agencies.
Departmental representatives advised that a search of
above-described investigative files revealed no information
that any of its members intervened in or obstructed any INS
investigation or prosecution concerning the individuals on
our list.
De artment of State
The Department's Bureau of Consular Affairs, Office of
Special Consular Services had active case files on 139 alleged
Nazi war, criminals as of April 1978. The information in the
files was received by the Bureau from INS under the dossier
system. (See pp. 24 and 25.) The first group of dossiers on
some of the individuals was transmitted by INS in 1975.
Before the establishment of the system, the Department,
like INS, had no'centralized program concerning alleged Nazi
war criminals. We were informed that information concerning
the subject matter could be scattered in various Department
files, and that the information in these files was voluminous
and any. search on our part would necessitate a
time and effort. A Bureau official had searchedrsomedoflthe
files back to 1963 and made notes and copies of some of these
documents. This official's notes generally dealt with other
countries' extradition requests on certain of the individuals,
and indicated that information regarding allegations by the
U.S.S.R. about individuals being alleged Nazi war criminals
both here and in another-country was propaganda.
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For the list of 111 names on whom we requested informa-
tion from the Department of State, the Department's Bureau
of Intelligence and Research, Foreign Affairs Document and
Reference Center, Office of Security, and Visa Office searched
their respective files. The Bureau of Intelligence and Re-
search reported it had no information and the others reported
they had information on 44, 2, and 8 individuals, respectively,
which in some cases pertained to the same individual.
The information from the three offices pertained to
46 individuals and generally consisted of:
--Correspondence between the Department and other
Federal agencies as well as its Embassy in Moscow
regarding extradition requests in the 1960s and
requests for information under the dossier system
in the mid-1970s.
--Congressional inquiries and Department responses.
--Internal memorandums between Department organizations.
--Letters of appreciation from some of the individuals
on the Department's position against Communist
domination of their former countries.
Other information indicated that one of the individuals
had applied for employment but was not hired for various rea-
sons, none of which related to alleged Nazi war criminality.
Another individual previously discussed on p. 33 was employed
as a consultant in the early 1950s because of his knowledge
of the Soviet Union; allegations against this individual
were not received until years later.
Assistance, as described below, had been provided for one
individual's entry into the United States. Department infor-
mation concerning such assistance was in INS files.
In the late 1940s, two Department of State Embassy offi-
cials in the Consular Section stated in a memorandum that
they waived a clearance for an individual and approved his
visitor's visa due to the apparent interest in his trip of
another Embassy section and of another Federal agency and
to the fact the individual was recommended by persons in
whom they had confidence. Also, one consular official
stated-that the other Federal agency had provided funds for
the individual's trip to the United States. Shortly after
the individual entered the country, he was arrested and
subsequently deported by INS because his entry was found to
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have been prejudicial since he had advocated and acquiesced'
in activities contrary to decency in behalf of the Axis
countries during World War II. From our review of the files,
it appears that the other Federal agency as discussed on
p. 37 was.aware of his wartime involvement prior to his
entry.
In addition to the above individual, the Department
stated it was aware of Federal agency assistance to the two
individuals discussed on pp. 33 and 36. The Department
stated,. however, that in these two cases as well as in any
cases in which Federal agency assistance is provided under
law to an individual, it knows of the assistance but usu-
ally is without knowledge of the individual's background.
The Department also stated it had not intervened in or
obstructed any INS investigation or prosecution concerning
the individuals on our list.
CONCLUSIONS
INS records showed that three individuals against whom
it had received allegations of war crimes were assisted by
Federal agencies for purposes of entry into the United
States. One or more Federal agencies contacted individuals
for investigations of matters other than war crimes and/or
for purposes of obtaining information of an intelligence
nature. Some were paid for their services. We did not
evaluate the merits of this involvement by Federal agencies.
Each agency involved informed us that it had not intervened
in or obstructed any INS investigation or prosecution con-
cerning alleged Nazi war criminals.
Federal agencies will provide information to other'Fed-
eral agencies when such information will not disclose confi-
dential sources. We did not evaluate this policy of the
intelligence community or whether providing this type of
information would have assisted INS investigative and pros-
ecutive efforts. Information that we reviewed regarding
such individuals and information they may have provided,
as well as the identities of individuals who were employed,
have been classified by the individual agencies.
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CHAPTER 5
THE CONTROVERSY--ALLEGED NAZI WAR
CRIMINALS RESIDING IN THE UNITED STATES--
MAY CONTINUE
INS decentralized its operation in the mid-1950s and
assigned responsibility for managing caseloads to the field
offices. Under this operating procedure, INS headquarters
officials generally would not have been aware of allegations
of Nazi war crimes. Top officials of INS before 1973 indica-
ted that they had little or no involvement in or knowledge
of the allegations.
They said that with a few exceptions, Nazi war crime al-
legations were not high priority cases and headquarters of-
ficials therefore would not have been advised of them. Under
such a procedure it is hard to pinpoint responsibility for
many actions. In one or a small number of cases malfeasance
would be possible but difficult to determine; in a large
number of cases, however, because of the number of people
and offices involved, a conspiracy to quash allegations
would have been much easier to determine, if it existed.
Different people will undoubtedly interpret the informa-
tion we developed in different ways, depending on the precon-
ceived notions they already have. Some will be persuaded,
as we were, that the existence of a widespread conspiracy
was unlikely. Others will probably find cause to strengthen
their belief that deliberate obstruction did occur. In any
event, let us summarize our principal observations.
--INS' investigations of most cases before 1973
were deficient or perfunctory. In some cases,
no investigation was conducted. (See ch. 2.)
--The quality of INS investigations has improved
since 1973; however, improvements are still
needed. There have been no successful prose-
cutions and the possibility exists that some in-
dividuals under prosecution now or in the future
may never leave the country due to appeals and
other procedures available under the law. (See
ch. 3.)
--Three individuals were identified as being assisted
by Federal agencies for entry into the country.
(See ch. 4.)
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--Various individuals were contacted by one or more
Federal agencies during other types of investi-
gations and/or for purposes of obtaining infor-
mation of an intelligence nature. Regarding the
latter, some individuals were paid for their
services. (See ch. 4.)
We realize the involvement of other Federal agencies
with individuals under investigation by INS is controversial.
However, we found no information in INS files or at other
agencies to indicate any of these agencies or others engaged
in a conspiracy to withhold or quash any information in their
possession or deliberately obstructed active prosecution. But
a number of factors--lack of assurances that we have seen all
documentation, the passage of time which has resulted in un-
clear memories, the death of some of the individuals involved,
the inherent difficulty in establishing the existence of a
conspiracy, and changes in the political atmosphere--prevent
us from being assured as to the validity of this conclusion.
However, we believe the factors below, some of which cannot
be validated and in some instances are conjecture, should be
considered: in evaluating. INS' lack of progress.
--Some cases were not investigated because the
individual was deceased or had left the country.
Some allegations were flimsy; for example, the
allegation may have been that a person only
thinks a certain individual was a Nazi with no
other details provided. Others were not investi-
gated or the investigation was perfunctory be-
cause the allegation originated from Communist
countries; for example, in three gases the
Department of State precluded INS from obtaining'
information from Communist countries. Thus,
judgments were made in these cases in light of
the political atmosphere prevailing during the
times in question, and other cases were probably
not pursued for the same reason. Also, the judg-
ment of INS and other Federal agencies that these
allegations were Communist propaganda may have
been valid in view of their experience and the
political atmosphere.'
--The time interval since the initial processing
of most of the cases under question makes it
difficult to reconstruct the situation. Unclear
memories or the death of some individuals prevented
us from determining both the reasons for certain
decisions and the type of investigation conducted
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as well as who should have been and who actually
was responsible.
--Cases were investigated and prosecuted before 1973,
but some deportation orders were overturned or legal
procedures enabled the individuals to remain in the
United States. As a result, investigators may have
curtailed or not undertaken ongoing or future in-
vestigations because they considered the investiga-
tions to be fruitless and therefore considered the
pursuit of other types of cases to be more productive.
--INS did know in some cases and may have known in
others that information was available at other
agencies. Although conjecture, this information
may not have been obtained because it related to
internal or foreign security matters.
-,--We did not evaluate the merits of the involvement
of the Federal, agencies. These agencies informed
us that they did not intervene in or obstruct
any INS investigation or prosecution of alleged
Nazi war criminals. The CIA's reasons for contacts
and assistance--that the individuals, the majority
of whom were from, and were knowledgeable about
activities in, countries under Soviet jurisdic-
tion--appear valid.
--Federal agencies will provide information to other
Federal agencies when such information will not
disclose confidential sources. We did not evaluate
this policy of the intelligence community or whether
providing this type of information would have
assisted INS investigative and prosecutive efforts.
Information that we reviewed regarding such in-
dividuals and information they may have provided
as well as the identities of individuals who were
employed,. have been classified by the individual
agencies.
Although the overall validity, degree, and interrelation-
ship of the above factors is unknown, we believe they should
help clarify some of the controversy about INS' progress over
the years in investigating and prosecuting alleged Nazi war
criminals residing in the United States. Moreover, the truth
of the allegation that there was an overt conspiracy by per-
sonnel from INS or by INS and other Federal agencies or that
these agencies have been infiltrated by an organization dedi-
cated to protect such criminals is unlikely.
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However, even considering all of the factors listed,
doubt will still persist as to whether, there was wrongdoing.
We recognize this dilemma. Thus, the publicity, interest,
and controversy about INS' lack of progress may continue.
The controversy may be compounded because legal delays,
appeals, and other procedures, considered with the age of
the individuals and potential witnesses make it doubtful
that the Government will ever be able to deport many sub-
jects of the allegations. Further, if cases involving evi-
dence and witnesses from the U.S.S.R. or countries under its
influence are not prosecuted or are unsuccessfully prose-
cuted, then these countries may very well use the controversy
with these cases as examples for purposes of propaganda
against the United States.
AGENCY COMMENTS
The Departments of Justice, State, and Defense commented'
that the report was a fair and accurate reflection of the
record. (See app IV to VI.) The CIA's formal response was
not received in time to be included in the final report.
The Agency orally informed us that it agreed with the com-
ments of the other agencies as expressed above.
43
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SUBCOMMITTEE ON IMMIGRATION, CITIZENSHIP. AND
INTERNATIONAL LAW
JOSHUA EILBERG, PA., CHAIRMAN
PAUL S. SARBANES, MD. HAMILTON FISH. JR.. N.Y.
ELIZABETH HOLTZMAN, N.Y. WILLIAM S. COHEN, MAINE
CHRISTOPHER J. DODD, CONN.
font rittee on the Jnairin
C.IS. ponse of Reprezentatities
asliingtun, !.GI. 2II515
GARNER J. CLINE. COUNSEL
ARTHUR P. ENDRES. JR., COUNSEL
ALEXANDER B. COOK, ASSOCIATE COUNSEL
FRANCES F. CHRISTY, LEGISLATIVE ANALYST
January 13, 1977
Honorable Elmer B. Staats
Comptroller General of the United States
General Accounting Office
Washington, D.C.
Dear Mr. Staats:
The Immigration and Naturalization Service, with the cooperation
of the Department of State, is presently compiling evidence on alleged
Nazi war criminals who entered the United States fraudulently. Three
cases are in the process of being heard by judicial authorities and
it is expected that proceedings in a number of other cases will be
instituted in the near future.
For the past two years I have been following closely the action
being taken by the Service in these cases. Certain allegations have
emerged which lead me and some of my colleagues to believe that the
existence and backgrounds of these individuals were known to the
Service for a long time without any action having been taken.
These people entered the United States and acquired benefits
under the Immigration and Nationality Act in contravention of United
States law. No adequate explanation has been forthcoming from the
Service as to why they did not proceed against these individuals until
Congress brought the matter to their attention.
I would like to enlist the cooperation of the General Accounting
Office in conducting a thorough investigation of this situation,
especially to determine if Immigration personnel deliberately obstructed
active prosecution of these cases or engaged in a conspiracy to withhold
or quash any information in its possession.,
I intend to explore all avenues to get the true facts behind these
cases and the apparent negligent attitude adopted by the Immigration
Service.
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APPENDIX I
I consider this matter to be of extreme urgency and would be
grateful if you would consider this investigation on that basis.
With kindest personal regards,
Sincerely,
JE:prd
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APPENDIX II APPENDIX II
IMMIGRATION AND NATURALIZATION LAWS RELEVANT
TO ALLEGED NAZI WAR CRIMINALS
GROUNDS FOR DEPORTING ALLEGED NAZI WAR CRIMINALS
According to section 241(a) of the Immigration and
Nationality Act (1952), 8 U.S.C. ?1251(a):
"Any alien [a person who is not a
citizen] in the United States * * * shall,
upon the order of the Attorney General,
be deported who--
"(1) at the time of entry was within
one or more of the classes of aliens
excludable by the law existing at the
time of such entry;
"(2)* * * is in the United States in
violation of this chapter or in viola-
tion of any other law of the United
States;* * *"
The law existing at the time a person enters the country
is thus a determining factor in deportation. The immigration
laws existing when World War II ended contained the following
provision that could be the basis for excluding Nazis:
"The following classes of aliens shall
be excluded from admission into the
United States:
"(e) Criminals.
Persons who have been convicted of or
admit having committed a felony or other
crime or misdemeanor involving moral
turpitude: Provided, That nothing in
sections 136 or 137 of this title shall
exclude, if otherwise admissible, persons
convicted, or who admit the commission,
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APPENDIX II
APPENDIX II
or who teach or advocate the commission of
an offense purely political--* * *" (Former
8 U.S.C ?136)
A Nazi who entered the country when this law was in exis-
tence would be deportable if he had been convicted of any war
crimes.
In addition to this law, the Act of May 22, 1918, 40 Stat.
559, as amended by the Act of June 21, 1941, 55 Stat. 252,
could be the basis for deporting a Nazi who entered the United
States within a short time after the war ended. The Act of
1918, as amended, authorized the President, when in the best
interest of the country, to restrict and prohibit in time of
war departure from or entry into the United States. Pursuant
to this law, 8 C.F.R. 175-53(j) (10 F.R. 8995, 8997, July 21,
1945), prohibited from entry into the United States:
"Any alien found to be, or charged with
being, a war criminal by the appropriate
authorities of the United States or one
of its co-belligerents, or an alien who
has been guilty of, or who has advocated
or acquiesced in activities or conduct
contrary to civilization and human
decency on behalf of the Axis countries
during the present World War."
Under the above provision one did not have t.o actually
participate in or commit atrocities to be excludable and thus
deportable from the United States. Membership in the Nazi
party might have been sufficient.
A few years after the war ended, the Displaced,Persons'
Act of 1948, 62 Stat. 1009, was passed to allow admission into
the United States, without regard to quota limits, of certain
Europeans displaced during the war. Nazis who were able to
gain admission into the country under this act would be deport-
able because: (1) they probably lied about their situations
to make themselves eligible for admission as displaced persons
and section 10 of that act provides:
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"* * * Any person who shall willfully
make a misrepresentation for the pur-
pose of gaining admission into the
United States as an eligible displaced
person shall thereafter not be admis-
sible into the United States. * * *"
and (2) they were excludable under section 13 which provided:
"No visas shall be issued under the
provisions of this Act to any person
who is or has been a member of, or
participated in, any movement which
is or has been hostile to the United
States or the form of Government of
the United States."
Section 13 was amended in 1950, 64 Stat. 227, to provide:
"No visas shall be issued under the pro-
visions of this Act * * *.to any person
who is or has been a member of or partici-
pated in any movement which is or has
been hostile to the United States or the
form of government of the United States,
or to any person who advocated or assisted
in the persecution of any person because
of race, religion, or national origin, or
to any person who has voluntarily borne
arms against the United States during
World War II. * * *"
Here, again, participation in or commission of war crimes
is not required for exclusion and deportation. Section 13 was
amended on June 16, 1950, by ?11 of the Displaced Persons Act
amendments, 64 Stat. 219, 227, of which the relevant part
provides:
"No visas shall be issued under the pro-
visions of this Act * * * or to any person
who advocated or assisted in the persecu-
tion of any person because of race, reli-
gion, or national origin, or to any
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APPENDIX II
person who has voluntarily borne arms
against the United States during World
War II."
The Internal Security Act of 1950, 64 Stat. 987, amended
the immigration laws to exclude from the United States members
or affiliates of totalitarian parties. The Act of March 28,
1951, 65 Stat. 28, amended this to cover only voluntary members.
This seems to have provided adequate basis for excluding members
of the Nazi party until enactment of the Immigration and Nation-
ality Act of 1952, see below, which defined "totalitarian party".,,
as one advocating totalitarianism in the United States. The
new law did not and does not appear to exclude members of the
Nazi party.
On June 27, 1952, the Immigration and Nationality Act,
66 Stat. 163, was passed, to be effective 180 days later
(December 24, 1952). The 1952 Act repealed the laws referred
to above and excluded from entering the country the following
classes within which a Nazi might be included:
"(9) Aliens who have been convicted of a
crime involving moral turpitude (other
than a 'purely political offense), or aliens
who admit having committed such a crime, or
aliens who admit committing acts which con-
stitute the essential elements of such a.
crime;
"(19). Any alien who seeks to procure, or
has sought to procure, or has procured
a visa or other documentation, or seeks
to enter the United States, by fraud, or
by willfully misrepresenting a material
fact;* * *"
Under the 1952 law, Nazis could thus be excluded only on
the basis of conviction of war crimes or a showing that entry
into.the United States was by fraud or misrepresentation.
Anything less than conviction, such as membership in the Nazi
party or even proof of participation in war crimes, does not
appear to be sufficient by itself to exclude someone who
entered the country under the 1952 Act.
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APPENDIX II APPENDIX II
Anyone entering the country after the effective date of
the 1952 Act would be excluded on the basis of something
less than confiction of war crimes if that person entered
as a refugee under the Refugee Act of 1953, 67 Stat. 400.
Section 14(a) of that act provides:
"No visa shall be issued after this Act
to any person who personally advocated
or assisted in the persecution of any
person or group of persons because of,
race, religion, or national origin."
Even here,"however, membership in the Nazi party alone
does not seem to be sufficient to exclude a person from
entering the country.
COUNTRIES TO WHICH'ILLEGAL ALIENS MAY BE DEPORTED
Under section 243(a) of the 1952 Act, 8 U.S.C. s1253(a),
the deportation of an alien should be first to a country of
his designation, unless it would be prejudicial to the inter-
ests of the United States. No alien may make more than one
designation. (According to an attachment to a July 3; 1974,
letter from INS Commissioner Chapman to Congresswoman Holtz-
man, one individual, see below, made two designations--
Ireland and Switzerland.) If the designated country does
not, within 3 months, agree to accept the alien, the At-
torny General may deport him to the country from which the
alien last entered the United States; the country in which
is located the foreign port from which the alien embarked
for the United States; the country of his birth; the coun-
try in which the place of his birth is situated; any coun-.
try he resided in; or the country. that had sovereignty
over the birthplace of the alien at the time of his birth.
Finally, if deportation to each of these places is im-
practical, inadvisable, or impossible, then the alien
could be deported to any country willing to accept him.
Section 243(h), 8 U.S.C. ?1253(h), further authorizes the
Attorney General to withhold deportation to any country
where he thinks "the alien would be subject to persecution
on account of race, religion, or political opinion * * *."
(Before being amended in 1965, this section referred to
"physical persecution.")
Thus, a problem could arise, as it did in the case of
an individual, against whom a deportation order was issued
in 1953 on the basis of his wartime activities, if countries
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APPENDIX II APPENDIX II
are unwilling to accept the deportable alien. In 1959,,
Ireland and Switzerland refused to accept this person, and
Yugoslavia was ruled out because it was determined he would
be subject to political persecution if sent there. As far
as we know, INS made no further attempt to deport him until
1974 when West Germany refused to accept him. He still
resides in the United States.
DENATURALIZATION
If an alleged war criminal has,been naturalized as a
citizen, he cannot be deported until he is denaturalized
(i.e., naturalization is revoked). Regarding revocation of
naturalization, section 340(a) of the Immigration and Nation-
ality Act, as amended, 8 U.S.C. ?1451(a), provides:
"It shall be the duty of the United
States attorneys for the respective
districts, upon affidavit showing good
cause .therefor, to institute proceedings
* * * for the purpose of revoking and
setting aside the order admitting such
person to citizenship and canceling
the certificate of naturalization on
the ground that such order and certi-
ficate of naturalization were illegally
procured or were procured by concealment
of a material. fact or by willful mis-
representation * * *."
Under this section, a person may be denaturalized (where
the evidence is clear, unequivocal, and convincing, Baumgartner
v. United States, 322 U.S. 665 (1944)) where naturalization was
illegally procured or procured by concealment or misrepresen-
tation of material fact.
Naturalization is considered to have been illegally pro-
cured whenever an alien has obtained citizenship which was
unauthorized by law. United States v. Mulvey, 232 F. 513
(2d Cir. 1916). Naturalization is illegally procured when
statutory qualification does not exist in fact, United
States v. Beda, 118 F.2d 458 (2d Cir. 1941). Thus, whenever
an alien who does not qualify for citizenship is naturalized,
the naturalization is considered illegally procured. For
example, in order to qualify for naturalization, a person
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must be of good moral character. 8 U.S.C. ?1427(a). A person
lacking good moral character, such as a Nazi might be consid-
ered,ucould thus have his naturalization revoked on the basis
that it was illegally procured. Furthermore, any misrepresen-
tation regarding entry into the country or naturalization could
constitute, in and of itself, proof of a lack of good moral
character. See, for example, In re Petition of Haniatakis, 376
F.2d 728 (3d Cir. 1967). Lack of good moral character is ground
for revoking naturalization. United States v. De Francis, 50
F.2d 497 (D.C. Cir. 1931).
Naturalization could be considered to have been "procured
by concealment of a material fact or by willful misrepresenta-
tion" when the following types of facts were concealed or mis-
represented: (1) membership in the Nazi party; (2)- membership
in the German Army; (3) participation in atrocities; (4) past
arrests for wartime activities; (5) past convictions for war
crimes; (6) names, dates, or places that might have led the
Government to further information regarding eligibility. In
determining whether a concealed or misrepresented fact was
material so as to be a basis for revocation, the test is not
whether naturalization would have been refused if the defendant
had revealed the truth, but whether, by his false answers, the
Government was denied the opportunity to investigate the facts
relating to eligibility. United States v. Chandler, 152 F.
Supp. 169 (D. Md. 1957).
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CASES SELECTED AND REVIEWED
Original sample of cases
(note a)
Allegations received Total
And After
Before 1973 1973
Additional cases (note b) 33 3 36
Total cases selected for
review
Cases reviewed 40 54 94
Cases not reviewed (note c). 17 17
Total 57 54 ill
a/Selected from INS report dated February 1977 which contained
213 allegations. The breakout of allegations received be-
fore and after 1973 was done after reviewing case files.
b/In August 1977 Representative Holtzman requested us to ex-
pand the scope of our review to include all cases where al-
legations were received'before 1973. After screening-in-
vestigative files and cases identified in a report prepared
for INS in March 1977, we identified 36 additional cases
for review.
c/Of the 17 cases not reviewed, hearings were being conducted
in two cases and our access would have interfered with
active litigation; time constraints prevented us from
reviewing 15 cases. Of the latter cases, we obtained in-
formation, if available, from the CIA, FBI, and the
Departments of Defense and State. Information in INS
case files revealed that
--five individuals are deceased, one of whom was
ordered deported but his appeal was sustained;
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APPENDIX III APPENDIX III
--six individuals were investigated after 1973;
because of new allegations, four have been
recommended for or are under litigation while
two are. still under investigation;
--two' individuals were not investigated since 1973;
one had undergone deportation proceedings but this
action was terminated by the Special Inquiry Officer
and the other investigation in the 1960s disclosed
that the subject could not be identified with the
allegation;
--one individual had entered the country as a
visitor, but information obtained during INS'
investigation indicated that the person had
left the country before the allegation was-
received by INS; and.
one individual had not entered the country
according to information obtained during INS'
investigation; information also indicated that'
foreign authorities were aware of the allegation.
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APPENDIX IV APPENDIX IV
UNITED STATES DEPARTMENT OF JUSTICE
Address Reply to the
Division Indicated
and Refer to Initials and Number
1978
Mr. Victor L. Lowe
Director
General Government Division
United States General Accounting Office
Washington, D.C. 20548
This letter is in response to your request for com-
ments on the draft report entitled "Investigation and Prose-
cution of Alleged Nazi War Criminals Residing in the United
States--A Lack of Progress Surrounded by Controversy."
The report presents a reasonably factual assessment
of the historical events and problems which hampered the
investigation of alleged Nazi war criminals. Many of the
problems had been identified by the Immigration and Naturali-.
zation Service (INS) prior to the report, and formed the
motivating reason for the establishment of a Special Liti-
gation Unit described by GAO on page 43 of the report.
Although we have no major disagreements with the report,
there are some minor points which we believe need to be
clarified and incorporated into the final report in order
to provide a more lucid and accurate document. Our comments
refer to the following pages in the draft report.
Cover Summary
The first sentence states that there has been a lack
of progress by INS in investigating and prosecuting alleged
Nazi war criminals since the 1950s. In fact, since October
1977, five cases went to trial. One of those cases is
completed and we are awaiting the decision of the judge.
It would seem appropriate to qualify the first sentence
as to a lack of progress from the 1950s until a later specific
date. In August 1976, a team of lawyers went to Israel
and obtained evidence which resulted in these recent
prosecutions.
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APPENDIX IV APPENDIX IV
Page i
In the second full paragraph, the report states that
"actions (and inactions)" appeared "explainable in the cir-
cumstances of the time." The report does not state the
specific time period, although a-careful reading of the
entire report would indicate the report refers to the 1950s.
Pages 13 and 33
It appears that the cover summary is inconsistent with
specific conclusions elsewhere in the report. The cover
summary states:
"GAO believes it unlikely that there was a conspiracy
but it cannot absolutely rule out the possibility of
undetected isolated instances of deliberate obstruc-
tion because its research efforts were hindered by
(1) the effect of the passage of time on the availa-
bility of information, (2) limited access to agencies'
records, and (3) the inherent difficulty in establish-
ing the existence of a conspiracy."
However, on page 13 and a similar quote on page 33 of the
report states:
"Based upon a review of INS and other agency files,
interviews with INS personnel and individuals knowledge-
able in the subject matter, and a review of other
investigations relating to alleged INS misconduct,
it appears that INS was not involved in any deliberate
effort to obstruct either investigation or prosecution
of these cases."
Page 15
The second full sentence makes reference to a journalist's
characterization of INS' handling of cases as "evasive and
negligent." It might be useful for the committee members
and the public to know also that Inspector Russek of the
Israeli Police, who is in charge of the Nazi war criminal
investigations, attended two of the trials in the last few
months and on a recent visit to our offices stated that
he was very pleased with the way cases are now being handled.
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APPENDIX IV
APPENDIX IV
Page 46 . .. 0
Beginning on page 46 and going through page 53 the
report recommends the following:
- INS should not require at least two eyewitnesses
to initiate proceedings.
- New procedures for more timely responses by the
Federal agencies should be initiated.
- Closed cases should be reviewed to determine whether
any further information is needed.
- Overseas locations should be visited to obtain
information; specifically, the Berlin Document
Center should be visited.
- Inquiries should be made about alleged Nazi war
criminals who left the United States to determine
whether they are still outside the United States.
- Legislation should be enacted such as that proposed
by Representative Holtzman to provide jurisdiction
by persons who entered after 1952.
Although the creation of the Project Control Office
in 1973 centralized to some extent the direction of investiga-
tions of these-cases, we recognize that it did not provide
supervision and direction from the receipt of the allegations
through the trial and appellate courts. For. example, a
Freedom of Information request could sidetrack a claim to
the Freedom of Information Unit. Similarly a request by
an investigator. to another agency which went unanswered
could sidetrack an investigation for a long period of time.
No one person was primarily responsible for reviewing incoming
allegations, directing detailed investigations and planning
for litigation. In 1977 the Special Litigation Unit was
formed to fulfill that function. The Special Litigation
Unit has five lawyers on board now. These lawyers are
reviewing all cases which have been filed or recommended
for filing. After their review is completed, they will
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coordinate their discovery in such a way as to maximize
resources, such as visiting the Berlin Document Center for
several cases rather than merely one. The total circum-
stantial and direct evidence will be weighed in determining
whether or not to file a particular case.
There are no inflexible standards such as the require-
ment that there be two eyewitnesses to an incident. The
Chief of the Special Litigation Unit has met with other
Federal agencies and already worked out specific procedures
to insure that the maximum amount of pertinent information
will be provided in a timely manner.
All closed files will be reviewed in instances where
the subject of the investigation is still alive and still
in the United States. This has been the INS position since
last summer.
The INS has publicly supported the concept proposed
in bills introduced by Congresswoman Holtzman and Congressman
Eilberg.
Other Comments
The Criminal Division was instrumental in causing the
extradition in 1973 of Hermine Ryan to Germany, where she
was charged with war crimes, including murder. That case
is mentioned in the draft report. Additionally pursuant
to its responsibilities for international judicial assistance,
the Division has sought to obtain information from abroad
in two cases in which prosecution is contemplated against
suspected war criminals in connection with false statements
furnished to INS. One foreign country has declined to respond
and the other is looking into the matter but has not yet
responded.
The Criminal Division has also received from INS its
recommendations that legal action. be initiated under 8 U.S.C.
81451(a) to revoke the naturalization of seven naturalized
citizens who are alleged to have committed atrocities in
Europe. The Division has reviewed the material submitted
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by INS and referred each case to the appropriate United
States Attorney. A complaint was filed in each case, and
the cases are now at various stages of litigation, as indi-
cated in the draft report.
We noted that some files, which your investigators
requested, were not reviewed because of time constraints.
Should you need additional information you may contact
representatives of INS and the files will be made available
for review.
We appreciate the opportunity given us to comment on
the report. If you have any, additional questions, please
feel free to contact us.
Sincerely,
Kevin D. Roo
Assistant Attorney General
for Administration
GAO Note: Page numbers cited in this appendix do not
correspond to page numbers in the final report.
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 1, 1, 1 iii
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May 8, 1978
Mr. J. K. Fasick
Director
International Division
U.S. General Accounting Office
Washington, D. C.
I am replying to your letter of May 1, 1978, which
forwarded copies of the draft report: "Investigation
and Prosecution of Alleged Nazi War Criminals Residing
in the United States--A Lack of Process Surrounded by
Controversy."
The enclosed comments were prepared by the Assistant
Secretary for the Bureau of Consular Affairs.
We appreciate having had the opportunity to review and
comment on the draft report. If'I may be of further
assistance, I trust you will let me know.
D f VV.1/Wi1liamson, Jr.
Deputy Assistant Secretary
for Budget and Finance
Enclosure: As stated
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 1 11
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MAY 5 1978
GAO DRAFT REPORT: "INVESTIGATION AND PROSECUTION
OF ALLEGED NAZI WAR CRIMINALS RESIDING IN THE UNITED
STATES--A LACK OF PROCESS SURROUNDED BY CONTROVERSY"
The Department of State appreciates the
opportunity to comment on the draft report con-
cerning the investigation and prosecution of alleged
Nazi war criminals in the United States. We have
reviewed the report and have found it to be generally
a fair and accurate reflection of the record. We
would like to emphasize, however, that the record
shows that the Department of State has consistently,
with but one exception, cooperated fully with the
Immigration and Naturalization Service in providing
judicial and other assistance.
In the early 1960's, the State Department did
recommend that approaches not be made to the Eastern
European countries for evidence about the cases since
in our judgment at that time, such an action would have
been an invitation to a propaganda response and would
not have served the interests of justice. As the report
correctly points out, our caution in so advising the
Immigration and Naturalization Service was understandable,
given the international political climate of the time.
Barbara M. Watson
Assistant Secretary
Bureau of Consular Affairs
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OFFICE OF THE ASSISTANT SECRETARY OF DEFENSE
WASHINGTON, D. C. 20301
MAY i.a78
COM-TIO W I
(Administration)
Mr. Victor L. Lowe
Director, General Government
Division
United States General
Accounting Office
Washington, D.C. 20548
We have reviewed your proposed report "Investigation and
Prosecution of Alleged Nazi War Criminals Residing in the
United States -- A Lack of Progress Surrounded by Con-
troversy" and have met with your representatives concerning
that port-ion of your report on page 61 that deals with
matters pertaining to the Department of Defense. Enclosed
is a copy of the final draft of that page. This letter
formalizes our concurrence with its contents.
We trust our response to your April 7, 1978, letter request
for records in support of your report was satisfactory.
All available pertinent DoD records were provided your
representative for review by April 28:
If there are any questions concerning the DoD data con-
tained in the draft, please have your project officer
contact Lieutenant Colonel Richard B. Webb, 697-9678.
Sincerely,
D. 0. Cooke
Deputy Assistant Secretary of Defense
Enclosure
GAO Note: Enclosure not included.
The page number cited does not correspond
to the page number in the final report.
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