U.S. Justice Department watchdog finds failures in FBI's handling of child sex abuse cases

American gymnasts from left, Simone Biles, McKayla Maroney, Aly Raisman and Maggie Nichols, testify during a hearing related to the FBI's handling of the Larry Nassar investigation in Washington on Sept. 15, 2021. (Saul Loeb / Pool via AP)

WASHINGTON — The FBI has failed to report some child sexual abuse allegations to local law enforcement or social service agencies even after changes prompted by its handling of the case against former USA Gymnastics team doctor Larry Nassar, according to a Justice Department watchdog report released Thursday.

In a review brought on by the FBI's failures to promptly investigate Nassar, the inspector general found serious problems persist that run the risk of child sexual abuse allegations falling through the cracks as overworked agents juggle dozens of cases at a time. In one case, a victim was abused for 15 months after the FBI first received a tip about a registered sex offender, the report said.

"This report makes clear that the FBI is simply not doing its job when it comes to protecting our children from the monsters among us who stalk them," said John Manly, a lawyer who represents victims of Nassar. "Despite years of promises and numerous congressional hearings it's now clear that the Larry Nassar scandal could happen again today."

A senior FBI official acknowledged that the bureau has made mistakes in investigating crimes against children but said the "vast majority of work" has been handled appropriately.

"Ensuring the safety and security of children is not just a priority for the FBI; it is a solemn duty that we are committed to fulfilling with the highest standards. The FBI's efforts combating crimes against children are among the most critical and demanding undertakings we do," the FBI said in a statement.

The inquiry follows a scathing 2021 report that found that FBI's failure to take action against Nassar allowed the doctor to continue to prey on victims for months before his 2016 arrest. The FBI put in place many changes, but the inspector general says more are needed to protect children.

In a review of more than 300 cases between 2021 and 2023, the inspector general flagged 42 cases for the FBI that required "immediate attention" because there was no evidence of recent investigative steps taken or because of other concerns, according to the report.

The inspector general found no evidence that the FBI followed rules requiring allegations to be reported to local law enforcement in about 50 per cent of the cases. When the FBI did report an allegation to law enforcement or social service agencies, it followed FBI policy to report it within 24 hours in only 43 per cent of the cases, according to the report.

The FBI accepted all of the findings and recommendations of the report. Among the changes the FBI is committed to is the development of a training program for investigators and supervisors focused not only on investigative techniques but also on the bureau's own policies and procedures.

Most of the incidents that the inspector general flagged to the bureau "reflected the failure to properly document completed investigative steps or involved investigations where no additional action was necessary," Michael Nordwall, FBI executive assistant director, wrote in a letter included with the report.

Senate Judiciary Committee Chairman Dick Durbin said the panel will hold a hearing on the FBI's mishandling of child sexual abuse allegations later this year.

"The FBI's failures enabling Larry Nassar's abuse of young victims continue to remain a stain on the Bureau," the Democrat from Illinois said.

Even while acknowledging errors, the FBI cited the "overwhelming" burden on agents tasked with investigating crimes against children given the conduct involved, an influx in tips flooding in to law enforcement, increased use of encrypted technology to conceal the offenses and budget cuts.

Citing one agent who was juggling about 60 investigations, the inspector general said special agents "must constantly triage their caseload." The inspector general said the FBI needs to comes up with a plan to tackle the growing number of cases to ensure that agents are able to manage the cases on their plate.

The report released in 2021 faulted the FBI for failing to treat Nassar's case with the "utmost seriousness and urgency," and then making numerous errors and violating policies when it did finally swing into action. Nassar pleaded guilty in 2017 to sexually assaulting gymnasts and other athletes with his hands under the guise of medical treatment for hip and leg injuries.

The FBI has described the actions of the officials involved in the Nassar investigation as "inexcusable and a discredit" to the organization. In April, the Justice Department announced a US$138.7 million settlement with more than 100 people who accused the FBI of grossly mishandling the allegations against Nassar.

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Associated Press reporter Ed White in Detroit contributed to this report