DEA May Have to Share Records on Ex-Informant

Posted on June 17, 2013 by DBAdmin

WASHINGTON (CN) – A convicted cocaine trafficker can demand records about a deactivated confidential informant who testified against him, a federal judge ruled.
Rene Cobar, a 46-year-old Guatemalan national, is serving 19 1/2 years in federal prison after he was convicted in 2009 of drug conspiracy charges.
He submitted a request in 2011 under the Freedom of Information Act for information about Carlos Javier Aguilar-Alvarez, whom Cobar identified as a DEA “confidential informant.”
Cobar paired his request with an affidavit from a DEA special agent who purportedly investigated Cobar in connection to a drug-trafficking and money-laundering ring.
The agent said Aguilar-Alvarez served as his confidential informant on various investigations from October 2003 to October 2009.
“On February 4, 2010, Aguilar-Alvarez was deactivated by the DEA for providing untruthful information during an investigation initiated in October of 2009,” according to the affidavit of Special Agent Anthony Casullo Jr., supplied by Cobar.
The information purportedly concerned a Dec. 8, 2009, debriefing.
Aguilar-Alvarez also “failed miserably” on a polygraph about this information and admitted during the polygraph interview that he lied to his handlers.
Casullo additionally said DEA agents linked Aguilar-Alvarez as a drug dealer’s heroin supplier.
Cobar wanted all of the DEA’s records on Aguilar-Alvarez, specifically records of his criminal pas, his activation as a source and his subsequent deactivation.
Claiming a FOIA exemption for law-enforcement records, however, the DEA refused to confirm or deny that it had any records on Aguilar-Alvarez as a confidential informant.
This Glomar response, as it is known, takes it name from the Hughes Glomar Explorer, a ship used in a classified CIA project to raise a sunken Soviet submarine from the Pacific Ocean.
The Office of Information Policy affirmed the DEA’s Glomar response last year, even though Cobar pointed out that a Glomar response was unavailable because Aguilar-Alvarez testified against him in open court, revealing his identity as a confidential source.
Though the DEA initially used the law-enforcement exemption to shield information that would reveal the identity of a confidential source, the modified response relied on the exemption that shields against unwarranted invasions of privacy.
After Cobar filed suit, the Justice Department moved for summary judgment.
U.S. District Judge Ellen Huvelle declined to let the government off the hook Thursday.
“Here, there can be no question that the identity of the confidential informant has been officially confirmed in light of Casullo’s sworn affidavit, the content of Aguilar-Alvarez’s public testimony at Cobar’s criminal trial, and the district judge’s opinion in July 2011 denying Cobar’s motion for a new trial,” Huvelle wrote. “Accordingly, a Glomar response is not available and defendant is not entitled to summary judgment.”
Though the Glomar response is unavailable, the government may still be able to withhold the sought-after documents once it files a Vaughn index, according to the ruling.
This file, which takes its name from the 1973 case Vaughn v. Rosen, identifies each document withheld, states the statutory exemption claimed, and explains how disclosure would damage the interests protected by the claimed exemption. 

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

MEMORANDUM OPINION

Plaintiff Rene Oswald Cobar has sued the United States Department of Justice (“DOJ”), alleging that it has violated the Freedom of Information Act, 5 U.S.C. § 552 et seq. (“FOIA”). (Compl., Aug. 13, 2012 [ECF No. 12].) Before the Court is defendant’s motion for summary judgment (Def. Mot., Nov. 26, 2012 [ECF No. 22]), plaintiff’s opposition (Pl. Opp., Jan. 2, 2013 [ECF No. 24]), and defendant’s reply (Def. Reply, Jan. 14, 2013 [ECF No. 25].) For the reasons discussed below, defendant’s motion will be denied.

BACKGROUND

In October 2011, plaintiff submitted a request under the FOIA to the Drug Enforcement Administration (“DEA”) seeking information about a third party, Carlos Javier Aguilar-Alvarez, whom plaintiff identified as a DEA “confidential informant.” (Compl. at 2; id., Ex. A (“FOIA Request”), at 1.) Plaintiff’s request sought “full disclosure and release of records and information contained in the files of your Agency concerning . . . Carlos Javier Aguilar- Alvarez,” specifically, but not limited to, his “criminal records,” his “activation” in October 2003 and his “deactivation” in February 2009 as a “confidential informant (“CI”)” “(# CS-01-

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102375),” his “signed” “DEA-CI cooperation contract (DEA-473),” and records of a “prior deactivation on or about December 2003.” (FOIA Request at 1.) Attached to the FOIA request was a copy of a sworn affidavit from DEA Special Agent Anthony J. Casullo, Jr., dated October 13, 2010, and a DEA Report of Investigation from Agent Casullo dated January 22, 2004. (Id., Ex. A (“Casullo Aff.”) & Ex. B (“Casullo Rep.”.) Casullo’s affidavit states (1) that his “duties as a Special Agent with DEA include[d] the investigation of Rene COBAR and other members of his drug trafficking and money laundering organization,” (2) that in “October of 2003, [he] debriefed an individual by the name of Carlos AGUILAR-ALVAREZ . . . regarding the illicit drug trafficking activities of COBAR and his associates” and “[s[hortly thereafter, AGUILAR- ALVAREZ was activated as a Confidential Source (CS) by the DEA and [Casullo] became his controlling agent,” (3) that “[f]rom October of 2003 until on or about October of 2009, [Casullo] conducted numerous investigations based on information and assistance provided by AGUILAR- ALVAREZ,” (4) that “[o]n February 4, 2010, AGUILAR-ALVAREZ was deactivated by the DEA for providing untruthful information during an investigation initiated in October of 2009,” specifically about a “debriefing on December 8, 2009,” (5) that “AGUILAR-ALVAREZ was subsequently polygraphed regarding this information and ‘failed miserably’ according to the polygrapher” and “admitted during the interview with the polygrapher that he had made false statements to the controlling agents regarding the target of the investigation and debriefing on December 8, 2009,” and (7) that “[o]n December 29, 2009, an undercover officer purchased three ounces of heroin which an investigation revealed had been supplied to the seller by AGUILAR-ALVAREZ,” after which “AGUIILAR-ALVAREZ was determined to be unreliable and untruthful and deactivated as a CS.” (Casullo Aff. ¶¶ 3-7.) Casullo’s Report of Investigation from January 2004 does not mention Aguilar-Alvarez by name, but refers to the

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debriefing of a deactivated confidential source on December 11, 2003, who is identified as CS- 01-102375. (Casullo Rep. at 1.)

The DEA’s response to plaintiff’s FOIA request, dated October 26, 2011, states that “DEA neither confirms nor denies the existence of records relating to Carlos Javier Aguilar- Alvarez, being a confidential source/informant or that he provided information that assisted this agency in any investigation matter.” (Compl., Ex. B (“FOIA Response”), at 1.) The DEA justified its response, known as a Glomar response, by claiming that the existence of the records sought by plaintiff would be exempt from release pursuant to FOIA Exemption 7(D) (id.), which protects from disclosure “law enforcement records” that “could reasonably be expected to disclose the identity of a confidential source [or] . . . information furnished by a confidential source.” 5 U.S.C. § 552(b)(7)(D).

Plaintiff appealed the denial of his FOIA Request to DOJ’s Office of Information Policy. (Compl., Ex. C, at 1 (“FOIA Appeal”).) Citing a Ninth Circuit Court of Appeals’ decision, Pickard v. Dep’t of Justice, 653 F.3d 782 (9th Cir. 2011), plaintiff argued that a Glomar response was unavailable because Aguilar-Alvarez’s “identity as a confidential source was revealed in open court” when he testified against plaintiff at trial in February 2009. (FOIA Appeal at 1-2 (citing United States v. Cobar, No. 2:07-cr-0014 (D. Nev. Feb. 2009)).) Aguilar-Alvarez’s testimony at Cobar’s criminal trial, which plaintiff did not attach to his FOIA appeal but has since provided to the Court (see Pl. Opp., Ex. A (“Aguilar-Alvarez Test.”)), identified Casullo as his “primary handler” and “supervis[or],” confirmed that he met with Casullo during the investigation of Cobar, and confirmed that he “signed the federal DEA agreement in December of 2003.” (Aguilar-Alvarez Test. at 1.)

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On May 22, 2012, the Office of Information Policy affirmed DEA’s Glomar response “on partly modified grounds.” (Compl., Ex. D (“Appeal Decision”), at 1.) Instead of Exemption 7(D), the decision relied on Exemption 7(C), which exempts from disclosure “law enforcement records” that “could reasonably be expected to constitute an unwarranted invasion of personal privacy.” 5 U.S.C. § 552(b)(7)(C). According to the decision, “to the extent that responsive records exist, without consent, proof of death, official acknowledgement of an investigation, or an overriding public interest, disclosure of law enforcement records concerning an individual could be expected to constitute an unwarranted invasion of personal privacy” and “DEA was not required to conduct a search for the requested records” as “any records responsive to [plaintiff’s] request would be categorically exempt from disclosure.” (Id. at 1.)

Following the denial of his appeal, plaintiff filed the complaint that is now before the Court, seeking an order directing defendant to produce the records described in his FOIA request. (Compl. at 1.) Defendant filed a motion for summary judgment, supported by a declaration from William C. Little, Jr. (“Little Decl.”), an attorney in the DEA’s Office of Chief Counsel, Administrative Law Section. Defendant’s motion asserts that it is entitled to summary judgment because its Glomar response was appropriate under Exemption 7(C) or, in the alternative, under Exemption 7(D) or 7(F). Plaintiff argues in his opposition that “a Glomar response is no longer appropriate,” because Aguilar-Alvarez’s status as a confidential informant has been publicly acknowledged and officially confirmed by the Cassulo affidavit, Aguilar- Alvarez’s trial testimony, and by the district judge in plaintiff’s criminal case when he ruled on plaintiff’s motion for a new trial (Pl.’s Opp. at 6-9; id., Ex. C (Order, United States v. Cobar, No. 2:07-cr-0014 (D. Nev. July 14, 2011) (“July 2011 Order”)).) In its July 2011 Order, the Nevada district court stated that “Aguilar-Alvarez was working as a confidential source for the

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LVMPD in August of 2003” and that “[i]n October of 2003, the DEA activated Aguilar-Alvarez in conjunction with its own investigation of [Cobar].” 1 (July 2011 Order, slip op. at 3.)

ANALYSIS

A Glomar response permits an agency to “‘refuse to confirm or deny the existence of records,’ in limited circumstances.” American Civil Liberties Union v. CIA, 710 F.3d 422, 426 (D.C. Cir. 2013) (quoting Wolf v. CIA, 473 F.3d 370, 374 (D.C. Cir. 2007)). It is “‘an exception to the general rule that agencies must acknowledge the existence of information responsive to a FOIA request and provide specific, non-conclusory justifications for withholding that information.’” Id. (quoting Roth v. U.S. Dep’t of Justice, 642 F.3d 1161, 1178 (D.C. Cir. 2011). Generally, a Glomar response is “permitted only when confirming or denying the existence of records would itself ‘cause harm cognizable under a FOIA exception.’” Id. (quoting Roth, 642 F.3d at 1178); see Elec. Privacy Info. Ctr. v. Nat’l Sec. Agency, 678 F.3d 926, 931 (D.C. Cir. 2012) (citing Wolf, 473 F.3d at 374). In addition, the FOIA expressly provides that when “informant records maintained by a criminal law enforcement agency under an informant’s name or personal identifier are requested by a third party according to the informant’s name or personal identifier, the agency may treat the records as not subject to the requirements of [FOIA], unless the informant’s status as an informant has been officially confirmed.” 5 U.S.C. § 552(c)(2); see also Benavides v. Drug Enforcement Admin., 968 F.2d 1243, 1246 (D.C. Cir. 1992) (describing § 552(c)(2) as “express legislative authorization for a Glomar response”). Conversely, “when an informant’s status has been officially confirmed, the requirements of

1 On December 27, 2011, the court vacated the July 2011 Order and filed an amended order, but the same language appears in both orders.

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FOIA govern, and the agency must acknowledge the existence of any records it holds.” Benavides, 964 F.2d at 1243.

“Under the FOIA, the burden is on the agency to sustain its action.” ACLU v. CIA, 710 F.3d at 427. According to defendant, DEA provides a Glomar response “to requests for investigative information related to third-parties where no release authorization or proof of death is provided in order to protect the [third parties’] privacy interests.” (Little Decl. ¶ 57.) The DEA takes the “position that merely confirming that any individual is mentioned in a DEA investigative record system or that DEA is in possession of records is a disclosure . . . in and of itself [and] would constitute an unwarranted invasion of an individual’s personal privacy” for purposes of Exemption 7(C). (Id.) According to defendant, if DEA did conduct a search and refuse to release any responsive records, “DEA would effectively acknowledge the status of any individual[] that is a source of information” (id. ¶ 61), while if it were to offer a “no records” response, the requester would be left with the impression that agency staff had searched for but had not located responsive records. (Id. ¶ 58.) A Glomar response thus serves to protect individuals’ privacy interests while preventing a requester from reaching an erroneous conclusion. (Id. ¶¶ 58, 61.)

In a typical confidential informant case, defendant’s justifications for a Glomar response relying on Exemption 7(C) may make perfect sense. But where the identity of a confidential informant has been officially confirmed, the reasons justifying a Glomar response no longer apply. See, e.g., Boyd v. Criminal Division of the U.S. Dep’t of Justice, 475 F.3d 381, 389 (D.C. Cir. 2007) (“Where an informant’s status has been officially confirmed, a Glomar response is unavailable, and the agency must acknowledge the existence of any responsive records it holds.”) (citing Benavides v. Drug Enforcement Admin., 968 F.2d 1243, 1246 (D.C. Cir. 1992));

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Pickard v. Dep’t of Justice, 653 F.3d 782, 788 (9th Cir. 2011) (Glomar response unavailable with respect to individual’s “status as a confidential informant” where government had “previously officially confirmed . . . status as an informant”); Memphis Publishing Co. v. Federal Bureau of Investigation, 879 F. Supp. 2d 1 (D.D.C. 2012) (same); North v. U.S. Dep’t of Justice, 810 F. Supp. 2d 205, 209 (D.D.C. 2011) (same); Hidalgo v. FBI, No. 04-cv-0562, 2005 WL 6133690, at *2 (D.D.C. Sept. 29, 2005) (same). Here, there can be no question that the identity of the confidential informant has been officially confirmed in light of Casullo’s sworn affidavit, the content of Aguilar-Alvarez’s public testimony at Cobar’s criminal trial, and the district judge’s opinion in July 2011 denying Cobar’s motion for a new trial. Accordingly, a Glomar response is not available and defendant is not entitled to summary judgment.

The unavailability of a Glomar response as to the existence of responsive records does not mean that DEA is required to disclose the content of any particular record. See ACLU v. CIA, 710 F.3d at 432 (“‘whether the contents–as distinguished from existence–of the officially acknowledged records may be protected from disclosure’” raises a distinct question (quoting Wolf, 473 F.3d at 380)). Rather, defendant must “proceed to the filing of a Vaughn index or other description of the kind of documents the [agency] possesses, followed by litigation regarding whether the exemptions apply to those documents.” Id.; see also Pickard, 653 F.3d at 788 (after failure of Glomar response, government must “take the next step” and “raise whatever exemptions might be appropriate as to the contents of those records, and let the district court

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determine whether the contents, as distinguished from the existence, of the officially confirmed records may be protected from disclosure under the DEA’s claimed exceptions”).2

CONCLUSION

Accordingly, and for the reasons stated above, defendant’s motion for summary judgment is denied. A separate Order accompanies this Memorandum Opinion.

Date:

/s/
ELLEN SEGAL HUVELLE

United States District Judge

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2 Having concluded that defendant’s motion for summary judgment must be denied because a Glomar response is not permitted, plaintiff’s other arguments in opposition to defendant’s motion are not addressed.

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Superior Court judge arrested, charged with hindering police to protect a robbery suspect

Posted on June 17, 2013 by DBAdmin

WOODBRIDGE — A recently appointed Superior Court judge in Middlesex County has been suspended without pay after getting arrested this week for hindering the apprehension of an armed robbery suspect, the state Supreme Court and law enforcement officials said Wednesday.

Carlia Brady, who was appointed to the bench in February, was arrested Tuesday at her home in Woodbridge. Brady, 41, allegedly interfered with police who were seeking to arrest the man, whom she has been dating, said three law enforcement sources familiar with the case.

The officials would not give their names because they are not authorized to release the information.

Brady, the first Filipino-American appointed as a judge in New Jersey, was immediately suspended without pay from her $165,000-a-year job, Chief Justice Stuart Rabner said in a statement Wednesday.

“She will perform no judicial functions until further notice,” he said.

The suspect in the armed robbery, Jason Prontnicki, 41, was arrested either at Brady’s home or as he was leaving the house, the law enforcement sources said. Prontnicki is charged with robbing an Old Bridge pharmacy on April 29.

The police report said a man wielding a crow bar entered the pharmacy at about 7 p.m. and demanded drugs. Authorities later identified Prontnicki as a suspect and secured a warrant for his arrest.

The suspended judge knew Prontnicki was a wanted man but failed to notify authorities of his whereabouts, the sources said.

Woodbridge police referred all inquires to the Middlesex County Prosecutor’s Office. A spokesman for the office, James O’Neill, declined to comment.

In his statement, Rabner said Brady’s case will be moved from Middlesex County.

His notice followed a separate order from the state’s highest court stating it had been informed that Brady was charged with “hindering the apprehension of another.”

The two-page order went on to say that “there is probable cause to conclude that respondent (Brady) has violated the code of judicial conduct.”

Brady could not be reached for comment.

Before rising to Superior Court judge, Brady was an attorney with the Lawrenceville firm of Stark & Stark, working in the accident and personal injury group.

“She had a good track record as a lawyer,” said state Sen. Nicholas Scutari (D-Union), chairman of the Senate judiciary committee. Brady was approved unanimously by the committee, and Scutari recalled her confirmation hearing as “uneventful.”

He added, “I think just as anybody else, Judge Brady has a right to a full vetting of the facts.”

Gov. Chris Christie appointed Brady to the bench. Asked about the suspension, his spokesman, Michael Drewniak, said: “If the accusations about a sitting Superior Court judge are true, then the conduct is deplorable and frankly, stupid,”

Prontnicki was being held at Middlesex County jail in North Brunswick, in lieu of $50,000 bail, county records show. There was no record of Brady being held.

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Road rage murder in Maryland: New Jersey police officer charged

Posted on June 17, 2013 by DBAdmin

In this June 8 photo, Hudson County (N.J.) police Detective Joseph Walker is shown in a booking image. Maryland authorities say they’ve charged Hudson after an alleged road rage incident in which one person was fatally shot.

The New Jersey police officer who allegedly shot a man to death in an act of road rage has been charged with second degree murder and manslaughter by Maryland authorities. Joseph Walker, an officer in the Hudson County, N.J., prosecutor’s office is being held on a $1 million bond, according to Maryland State Police, for allegedly shooting Joseph Harvey, Jr. on an on-ramp to Route 3, twenty miles south of Baltimore on Saturday.

The motive for the altercation remains unknown. Walker, an off-duty officer, was in a minivan with his wife and three children, according to Maryland State Police spokeswoman Elena Russo. The two vehicles came to a stop on the on-ramp and Harvey allegedly exited his vehicle and walked toward Walker before being shot.

Troopers say they were told that the two vehicles were involved in a road rage incident before they pulled over and the shooting took place.

“Certainly, this appears this is some sort of aggressive behavior gone bad,” Ms. Russo said in an interview with CBS New York.

Road rage has ranked as a top concern of American drivers over the past decade, according to several studies.

In a 2009 survey by the AAA Foundation for Traffic Security, nearly 9 in 10 respondents said they believed aggressive drivers were a “somewhat” or “very serious” threat to their personal safety.

In 2005, a telephone survey by ABC News and The Washington Post found that out of a list of threats that “most endanger your own safety on the road,” 32 percent of respondents said aggressive drivers. This was the same number of responses as for drunk drivers.

While road rage attracts more attention, the AAA and other organizations actually distinguish between road rage, which is a criminal offense, and aggressive driving. According to the National Highway Traffic Safety Administration, road rage must include the intent to cause physical harm.

Analysts say aggressive driving, which includes speeding, tailgating, and running red lights, is the more common problem and can lead to road rage or other traffic related fatalities.

“The murders are very sensational and it’s very important, but aggressive driving more broadly is a key safety issue,” says Bruce Hamilton of the AAA Foundation for Traffic Security.

Mr. Hamilton points out that even as Americans worry about road rage and aggressive drivers, most drivers engage in potentially aggressive behaviors. In 2009, a survey by his foundation found that nearly half of people admitted to speeding more than 15 mph over the limit on major highways in the previous 30 days.

The last time the AAA specifically measured road rage, in the mid-1990s, they found that more than 10,000 road rage incidents committed over seven years resulted in at least 218 murders and another 12,610 injury cases. When drivers explained why they became violent, the reasons were often trivial, according to the AAA: “She wouldn’t let me pass,” “They kept tailgating me.” One driver accused of attempted murder said, “He practically ran me off the road – what was I supposed to do?”

Hamilton says the New Jersey police officer arrest is a good reminder to be an alert driver: “I think it’s a good reminder that we’re all human. When we’re behind the wheel it doesn’t matter who we are or what our job is we all need to be responsible and respectful.”

New Jersey actually has some of the strictest road rage laws in the country. Gov. Chris Christiesigned a bill last August that could land aggressive drivers in prison for up to five years if their behavior behind the wheel causes a serious injury.

“It does not permit you to act out every one of your childish tantrums while behind the wheel of a vehicle,” Governor Christie said at the time.

According to CBS Philadelphia, Christie said then that road rage seems to be a bigger problem in New Jersey than elsewhere – “perhaps because it’s a densely populated state where roads are often crowded and residents are known for having a bit of an attitude,” they posited.

CBS reports that Christie said he’s been in the path of road rage, too: He told reporters that one woman was so upset that she wasn’t allowed to drive between the two vehicles in the governor’s motorcade that she threw things at the governor’s vehicle.

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Second Superseding Indictment Adds Second Former Philadelphia Police Officer to Robbery Case

Posted on June 17, 2013 by DBAdmin

PHILADELPHIA—A second superseding indictment was unsealed today against former Philadelphia Police Officers Jonathan Garcia, 23, and Sydemy Joanis, 27, both of Philadelphia, charging them with conspiracy to commit Hobbs Act robbery, Hobbs Act robbery, attempted Hobbs Act robbery, and carrying firearms during and in relation to crimes of violence. Garcia is also charged with distribution of heroin. The charges against Joanis were added to a superseding indictment against Garcia. Joanis was arrested this morning. Garcia was arrested on June 20, 2012, and remains in federal custody. The charges were announced today by United States Attorney Zane David Memeger, FBI Special Agent in Charge Edward Hanko, and Philadelphia Police Commissioner Charles Ramsey.

According to the second superseding indictment, between December 2009 and June 19, 2012, while working as Philadelphia Police Officers assigned to the 17th Police District, Garcia and Joanis conspired to rob suspected drug dealers of the cash proceeds of their narcotics trafficking. It is alleged that they engaged in this scheme while on active duty, using their Philadelphia Police patrol car, uniform, loaded service pistol, and handcuffs to commit the robberies.

The indictment alleges that Garcia and Joanis utilized a confidential source (“Person #1”) to participate in the robbery of suspected drug dealers by purchasing narcotics from the suspected drug dealers. Garcia and Joanis allegedly provided Person #1 with money; instructed Person #1 to meet with suspected drug dealers inside their cars; and further instructed Person #1 to leave inside the cars a small amount of the drugs, usually cocaine base (“crack cocaine”), that Person #1 purchased. After Person #1 exited the suspected drug dealers’ cars, it is alleged that defendants Garcia and Joanis initiated bogus traffic stops on the individual and, upon finding the drugs purposefully left behind by Person #1, conducted searches of the individuals and their cars, arrested the individuals, and stole some or all of the money that they recovered. Garcia and Joanis allegedly compensated Person #1 with money or narcotics.

“The defendants’ alleged conduct in this case strikes at the very heart of the public trust that our citizens should have for our police officers,” said U.S. Attorney Memeger. “It is a priority of my office to investigate and prosecute corrupt officers who taint their badges by using their power and authority to victimize others rather than to serve and protect the community.”

“We will continue to aggressively pursue any officer that commits criminal acts to rid the Department of individuals who don’t belong,” said Commissioner Ramsey. “Our Internal Affairs Investigators have been working independently and cohesively with our federal partners to accomplish this task. Corrupt cops don’t represent the honor or integrity that our Department or Law Enforcement stands for, and therefore they will be held accountable at the highest level.”

“Illegal conduct by police officers undermines the public trust, harming law enforcement at every level,” said Special Agent in Charge Hanko. “These charges underscore the FBI’s commitment to investigating allegations of criminal activity, no matter who is involved.”

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Arlington Police Officer Charged with Unlawfully Providing Law Enforcement Sensitive Information to a Known Drug Dealer Defendant Allegedly Involved in Anabolic Steroids Distribution Investigation

Posted on June 17, 2013 by DBAdmin

DALLAS—Thomas S. Kantzos, 45, of Fort Worth, Texas, an officer with the Arlington Police Department (APD), was arrested last night on a federal criminal complaint charging him with unlawfully providing law enforcement sensitive information by exceeding authorized access to a protected computer. He will make his initial appearance in federal court this afternoon, at 2:00 p.m., before U.S. Magistrate Paul D. Stickney. Today’s announcement was made by U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.

According to the affidavit filed with the criminal complaint, a particular individual (witness), who was arrested in January 2013 for distributing anabolic steroids, a Scheduled III controlled substance, admitted to routinely using and distributing anabolic steroids and human growth hormones (HGH) during the last 13 years. This witness also admitted that during the last five or six years, he directly and regularly provided anabolic steroids and HGH to Kantzos, whom he knew to be an officer with the APD. In fact, on at least one occasion, this witness delivered approximately 20 HGH kits to Kantzos while Kantzos was on duty, wearing an APD uniform, and driving a marked APD patrol car.

The affidavit further notes that on multiple occasions, Kantzos solicited anabolic steroids from this witness for himself and for others, including friends and colleagues in the APD. Kantzos allegedly collected money from the other individuals before he obtained the steroids, but on some occasions, he “fronted” the money for the purchases. According to the affidavit, most of the anabolic steroids and HGH he obtained from this witness were provided to other officers of the APD. Also, Kantzos allegedly put this witness in contact with two other APD officers so that they could obtain anabolic steroids directly.

Kantzos was authorized to access law enforcement information obtained through the Texas Crime Information Center (TCIC) and the National Crime Information Center (NCIC), and he received specialized training on the authorized uses of the information, as well as the potential penalties for the misuse of such information. Personal use of such information, including releasing information to members of the general public, is not authorized and violates APD policy.

On several occasions, according to the affidavit, this witness, who indicated he was concerned that police might be watching his activities, asked Kantzos to query a name or a license plate using a law enforcement database. On several occasions, Kantzos did this, or had someone else do it for him, and then provided the obtained sensitive information to the witness. In fact, on one occasion in December 2011, Kantzos provided the name of a person who was known to be a law enforcement officer and, based on that information, the witness inspected his/her vehicle and discovered a tracking device attached to it. The investigation revealed that this witness immediately began “laying low” for several weeks. During that time, however, the witness and Kantzos talked about the tracking device and the police surveillance of the witness.

A federal complaint is a written statement of the essential facts of the offense charged and must be made under oath before a magistrate judge. A defendant is entitled to the presumption of innocence until proven guilty. The U.S. Attorney’s Office has 30 days to present the matter to a grand jury for indictment. Kantzos is charged with exceeding authorized access to a protected computer. That offense, as charged, carries a maximum statutory penalty 10 years in federal prison and a $250,000 fine, per count.

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Man confesses to 30 US murders for Mexican drug cartel

Posted on June 17, 2013 by DBAdmin

A 52-year-old California man confessed to killing more than 30 men for a Mexican drug cartel, authorities said.

Jose Martinez made the confession after he was arrested June 3 and charged with felony murder in the death of Jose Ruiz in March in Alabama, CNN reported Thursday.

“Killing people doesn’t seem to affect him,” said sheriff’s Capt. Tim McWhorder in Alabama’s Lawrence County.

Martinez allegedly told police he killed his victims as enforcer for a Mexican drug cartel because they didn’t live up to their obligations to the organization.

“I’m the guy that pays you a visit if you don’t pay,” he told police.

The slaying of Ruiz, though, was personal, CNN said.

The report said that while working together Ruiz insulted the girlfriend of a third man both men knew but didn’t realize she was Martinez’s daughter.

After two months, Martinez and the third man — identified by investigators as Jamie Romero — took Ruiz to the outskirts of Bankhead National Forest where Ruiz was killed, police said.

Posted in Mexican Cartel | Leave a comment

NC sheriff’s deputy fired amid DWI investigation

Posted on June 17, 2013 by DBAdmin

ASHEVILLE, N.C. (AP) — Buncombe County’s Sheriff’s Office says a deputy charged with driving while intoxicated is out of a job.

The agency says Deputy Jason Honeycutt was arrested at an Asheville hospital by police earlier this week and was fired. No other details surrounding the arrest have been released.

Sheriff’s spokeswoman Natalie Bailey says she couldn’t say anything about the circumstances of the arrest or what Honeycutt’s duties were with the agency.

Honeycutt could not be reached for comment Sunday. Messages left at numbers connected to him were not returned or rang unanswered.

He’s the second Buncombe County law officer recently arrested for DWI in the past two weeks. Woodfin police officer Michael Salley was suspended after his arrest while off-duty.

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D.C. high in number of arrests for having pot

Posted on June 6, 2013 by DBAdmin

The District has one of the highest arrest rates for marijuana possession in the nation, with blacks being arrested eight times as often for the offense in the city as whites, according to a study released Tuesday by the American Civil Liberties Union.

Compared to the 50 states, the District ranked first in the nation for marijuana possession arrests with 846 per 100,000 residents in 2010. Stacked against counties, the District drops a few notches to seventh — falling in behind an odd mix of jurisdictions, including Maryland’s Worcester County, where hordes of tourists descend to the beaches of Ocean City every summer; central Missouri’s Cole County, home to the state’s capital; and other urban centers like the Bronx, N.Y., and Baltimore.

The ACLU report compared marijuana possession arrest data compiled by the FBI from 2001 to 2010, analyzing racial disparities among the arrest rates that exist across the country as well as the associated costs of policing, prosecution and incarceration. It recommends legalizing marijuana in order to completely eliminate the racial disparities and also concludes that law-enforcement agencies should eliminate policies thatcreate incentive for arrests for minor offenses.

In 2010, D.C. law enforcement agencies made 5,115 arrests for marijuana possession — or about 14 per day — putting the District in the top 20 when measured against counties with the most total arrests. The report noted that nearly 91 percent of the people arrested were black.

“I think if there was another program that discriminated against people 8-to-1, black to white, there would be tremendous pressure to end that program,” said D.C. lawyer Paul Zukerberg, who ran for a D.C. Council seat this year on the platform of decriminalizing marijuana. “When we see how we compare to other states and that we are at the bottom or near the bottom it gives greater impetus to end this injustice.”

Across the nation, blacks were almost four times more likely than whites to be arrested in 2010 for marijuana possession, even though the ACLU noted that similar percentages — 14 percent of blacks and 12 percent of whites — had reported using the drug within the prior year, according to the 2010 National Survey on Drug Use and Health survey.

Amid the backdrop of a rapidly shifting legal view of marijuana use — 17 states have decriminalized possession of small amounts of marijuana, with Colorado and Washington outright legalizing the drug and even more states legalizing use of medical marijuana — the disproportionate and heavy-handed enforcement in the District makes little sense, Marijuana Policy Project spokesman Mason Tvert said.

“There are enforcement strategies that contribute to greater scrutiny of geographic areas that have a greater population of African-Americans or Latinos,” said Mr. Tvert, citing the “broken windows” theory of law enforcement that predicts small acts of deviance if left unchecked will escalate into serious crime. “This stands out more because of how ludicrous the crime is in this situation. Not to mention the penalties that accompany it.”

The notion of decriminalizing marijuana possession, which is still illegal under federal law, has received increasing attention this year in the District. In addition to Mr. Zukerberg’s council run, two sitting council members — including Tommy Wells, Ward 6 Democrat who is running for mayor — have announced plans to introduce a marijuana decriminalization bill this summer.

“We are enforcing the laws in a racially bias manner and we are saddling mostly young black men and also young black women with criminal records,” Mr. Zukerberg said. “The enforcement of the law has gotten to be more of a problem than the substance itself.”

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This Week’s Corrupt Cops Stories

Posted on June 6, 2013 by DBAdmin

 

It’s judges gone wild! Plus sticky-fingered narcs, lying narcs, crooked deputies, and more! Let’s get to it:

 

In Philadelphia, a Philadelphia police officer was arrested May 23for stealing drugs and money from a suspected drug dealer. Officer Jeffrey Walker was arrested after an FBI sting operation in which agents recorded him bragging about how easy it was to rip off drug dealers. Walker and a federal informant concocted a scheme to plant cocaine in a suspect’s car, then rob him. Walker did just that, arresting the suspect, then entering his home and stealing $15,000. He was arrested with the cash in hand. At last report, Walker was still in federal custody.

 

In Pittsburgh, a former Washington County judge was arrested May 24 on charges he stole cocaine from evidence in cases over which he presided. Paul Pozonsky abruptly resigned from the bench in 2012 and moved to Alaska after police checked evidence envelopes and found the cocaine had gone missing. Court officers said that Pozonsky had begun asking them to bring confiscated drugs into the courtroom, where they would be entered as evidence and kept by either the judge himself of members of his staff.

In Des Moines, an Iowa state narcotics agent was arrested May 26 on charges he forged the signature of a Polk County judge in a bid to shortcut an after-the-fact approval of a drug-related search warrant. Jonathan Borg, 39, allegedly forged the judge’s signature as he returned with the warrant after conducting a search in a drug investigation where the charges have now been dropped because of his actions. He is charged with one count of felonious misconduct in office and is looking at up to five years in prison if convicted.

In Belleville, Illinois, a St. Clair county judge was arrested last Friday in relation to the cocaine overdose death of another St. Clair county judge while the pair partied together at a hunting lodge in March. Judge Michael Cook, 43, who presided over the county’s drug court, was charged by federal prosecutors with possession of heroin and possession of a firearm while illegally using controlled substances. His colleague, Judge Joe Christ died of a cocaine overdose. A St. Clair County probation officer, James Fogarty, has been charged with selling cocaine to both judges. Judge Cook had handled more than 500 criminal cases since 2010; now, those found guilty can come back and seek new trials.

In Baltimore, a Baltimore police officer was arrested last Friday on multiple charges, including trying to sell heroin. Officer Ashley Roane, 25, went down in a sting operation, accepting cash payments and providing protection for a man she thought was a drug dealer, but who was actually an informant for Baltimore police and the FBI. She agreed to access law enforcement databases listing informants and other sensitive information for the drug dealer, and provided Social Security numbers to him as part of a scheme to obtain false tax refunds, prosecutors said. She’s looking at a mandatory minimum 17 years in federal prison if convicted on all counts.

In New York City, an NYPD officer was convicted last Wednesday for faking paperwork to cover up his involvement in the unlawful search and arrest of two men. Isaias Alicea had stopped and arrested two men in Harlem last year and later falsely told his supervisors he saw them in a drug transaction. But surveillance images showed no transaction occurred and the charges against the men were dropped. He was convicted of official misconduct, a felony, and will be fired based on that felony conviction. Sentencing is set for next month.

In San Antonio, five Hidalgo County narcotics officers pleaded guilty last Wednesday to federal charges in a wide-ranging drug conspiracy. The five, all members of now-defunct drug task force called the Panama Unit, including the son of the county sheriff, acknowledged roles in a scheme to steal drug loads from street-level dealers and sell them to a man alleged to be a local trafficker. Jonathan Trevino a 29-year-old former Mission police officer and the son of Hidalgo County Sheriff Lupe Trevino, pleaded guilty to one count of drug conspiracy. Three other members of the unit, including ex-Hidalgo County Sheriff’s deputies Salvador Joel Aguello, Claudio Alberto Mata, and Eric Michael Alacantar, also entered guilty pleas. The fifth man, Gerardo Mendoza Duran, is a former Hidalgo County Sheriff’s deputy but was not assigned to the Panama Unit. He admitted last Wednesday that he had aided and abetted the group’s plans to escort the drug loads. They’re all looking at 10 years to life in federal prison.

In Tuscaloosa, Alabama, the former commander of the West Alabama Narcotics Task Force agreed to plead guilty last Friday to stealing at least $125,000 from drug proceeds seized by the unit. Jeff Snyder, 55, embezzled money that the task force seized between June 2010 and June 2012, according to a release from U.S. Attorney Joyce White Vance’s office. Snyder admitted to pocketing seized cash during drug raids and failing to log it into task force ledger books and deposit it in task force bank accounts. In his plea agreement, Snyder and prosecutors agreed to an 18 month federal prison sentence. That agreement has yet to be approved by a judge.

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Study: Blacks More Likely Than Whites To Be Arrested for Marijuana in Anne Arundel County

Posted on June 6, 2013 by DBAdmin

 

  
The arrest rate for marijuana possession in 2010 in Maryland was 2.9 times greater than the national rate, but blacks in Anne Arundel County were 2.4 times more likely to be arrested for possession than whites in the county, according to a new report from the American Civil Liberties Union.

The disparity is far below that of Baltimore City, where blacks are 5.6 times more likely to be arrested for marijuana possession than whites,according to the study.

The ACLU report is the first to examine marijuana possession arrest rates by race for all 50 states and DC. It looked at the Federal Bureau of Investigation’s Uniform Crime Reporting Program and the U.S. Census data between 2001 and 2010.

Baltimore was mentioned several times in the study, including for its 1,136 marijuana possession arrests per 100,000 residents.

Between 2001 and 2010, there were more than 8 million pot arrests in the United States, more than half of all drug arrests. The ACLU also found that though blacks and whites tend to use marijuana at similar rates, in 2010 a black person was 3.73 times more likely to be arrested for marijuana possession than a white person.

“The War on Marijuana, like the larger War on Drugs of which it is a part, is a failure. It has needlessly ensnared hundreds of thousands of people in the criminal justice system, had a staggeringly disproportionate impact on African- Americans, and comes at a tremendous human and financial cost,” the ACLU report states.

Statewide arrests ticked down in 2009 and 2010, according to the study.

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