“Exclusive: IRS manual detailed DEA’s use of hidden intel evidence”

August 8, 2013

Reuters on August 7, 2013 released the following:

By John Shiffman and David Ingram

“(Reuters) – Details of a U.S. Drug Enforcement Administration program that feeds tips to federal agents and then instructs them to alter the investigative trail were published in a manual used by agents of the Internal Revenue Service for two years.

The practice of recreating the investigative trail, highly criticized by former prosecutors and defense lawyers after Reuters reported it this week, is now under review by the Justice Department. Two high-profile Republicans have also raised questions about the procedure.

A 350-word entry in the Internal Revenue Manual instructed agents of the U.S. tax agency to omit any reference to tips supplied by the DEA’s Special Operations Division, especially from affidavits, court proceedings or investigative files. The entry was published and posted online in 2005 and 2006, and was removed in early 2007. The IRS is among two dozen arms of the government working with the Special Operations Division, including the Federal Bureau of Investigation, the National Security Agency and the Central Intelligence Agency.

An IRS spokesman had no comment on the entry or on why it was removed from the manual. Reuters recovered the previous editions from the archives of the Westlaw legal database, which is owned by Thomson Reuters Corp, the parent of this news agency.

As Reuters reported Monday, the Special Operations Division of the DEA funnels information from overseas NSA intercepts, domestic wiretaps, informants and a large DEA database of telephone records to authorities nationwide to help them launch criminal investigations of Americans. The DEA phone database is distinct from a NSA database disclosed by former NSA contractor Edward Snowden.

Monday’s Reuters report cited internal government documents that show that law enforcement agents have been trained to conceal how such investigations truly begin – to “recreate” the investigative trail to effectively cover up the original source of the information.

DEA officials said the practice is legal and has been in near-daily use since the 1990s. They have said that its purpose is to protect sources and methods, not to withhold evidence.

NEW DETAIL

Defense attorneys and some former judges and prosecutors say that systematically hiding potential evidence from defendants violates the U.S. Constitution. According to documents and interviews, agents use a procedure they call “parallel construction” to recreate the investigative trail, stating in affidavits or in court, for example, that an investigation began with a traffic infraction rather than an SOD tip.

The IRS document offers further detail on the parallel construction program.

“Special Operations Division has the ability to collect, collate, analyze, evaluate, and disseminate information and intelligence derived from worldwide multi-agency sources, including classified projects,” the IRS document says. “SOD converts extremely sensitive information into usable leads and tips which are then passed to the field offices for real-time enforcement activity against major international drug trafficking organizations.”

The 2005 IRS document focuses on SOD tips that are classified and notes that the Justice Department “closely guards the information provided by SOD with strict oversight.” While the IRS document says that SOD information may only be used for drug investigations, DEA officials said the SOD role has recently expanded to organized crime and money laundering.

According to the document, IRS agents are directed to use the tips to find new, “independent” evidence: “Usable information regarding these leads must be developed from such independent sources as investigative files, subscriber and toll requests, physical surveillance, wire intercepts, and confidential source information. Information obtained from SOD in response to a search or query request cannot be used directly in any investigation (i.e. cannot be used in affidavits, court proceedings or maintained in investigative files).”

The IRS document makes no reference to SOD’s sources of information, which include a large DEA telephone and Internet database.

CONCERN IN CONGRESS

House Intelligence Committee Chairman Mike Rogers, R-Michigan, expressed concern with the concept of parallel construction as a method to hide the origin of an investigation. His comments came on the Mike Huckabee Show radio program.

“If they’re recreating a trail, that’s wrong and we’re going to have to do something about it,” said Rogers, a former FBI agent. “We’re working with the DEA and intelligence organizations to try to find out exactly what that story is.”

Spokespeople for the DEA and the Department of Justice declined to comment.

Sen. Rand Paul, R-Kentucky, a member of the Homeland Security and Government Affairs Committee, said he was troubled that DEA agents have been “trying to cover up a program that investigates Americans.”

“National security is one of government’s most important functions. So is protecting individual liberty,” Paul said. “If the Constitution still has any sway, a government that is constantly overreaching on security while completely neglecting liberty is in grave violation of our founding doctrine.”

Officials have stressed that the NSA and DEA telephone databases are distinct. The NSA database, disclosed by Snowden, includes data about every telephone call placed inside the United States. An NSA official said that database is not used for domestic criminal law enforcement.

The DEA database, called DICE, consists largely of phone log and Internet data gathered legally by the DEA through subpoenas, arrests and search warrants nationwide. DICE includes about 1 billion records, and they are kept for about a year and then purged, DEA officials said.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

Federal Mail Fraud Crimes

Federal Crimes – Appeal

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To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Justice Department reviewing DEA’s shielding of sources

August 6, 2013

USA Today on August 5, 2013 released the following:

By Kevin Johnson, USA TODAY

“WASHINGTON — The Justice Department is reviewing law enforcement techniques used by the Drug Enforcement Administration that shield some initial sources for criminal investigations from being disclosed in court, White House spokesman Jay Carney said Monday.

The review, prompted by a Monday Reuters news agency report, centers on the activities of the DEA’s Special Operations Division (SOD).

Citing undated training documents, the report states that federal agents have been directed in some cases to conceal sensitive information — triggering the start of inquiries — from disclosure to defense attorneys and, in some instances, prosecutors and judges.

“I would refer you to the Department of Justice on this,” Carney said. “And beyond that, I can tell that it’s my understanding … that the Department of Justice is looking at some of the issues raised in the story.”

The documents, according to the report, instruct agents on a technique known as “parallel construction,” which effectively shields the actual source of the information that leads investigators to potential criminal activity and possible suspects.

Jerry Cox, president of the National Association of Criminal Defense Lawyers, said the practice represents “perjury.”

“When you lie about something, you are giving a parallel story,” Cox said. “If you did it or I did it, we would be punished for perjury.”

“These latest reports are particularly troubling for accused persons who cannot vindicate fundamental constitutional rights without access to accurate and complete information,” Cox said. “This puts liberty at risk of being lost without due process of law, which is an affront to the Constitution.”

The SOD, according to a 2007 report by the Justice Department’s inspector general, is “integral in the coordination of major DEA cases” and was initially created to target major drug cartels.

“The SOD is a repository for phone numbers used or called by persons who are part of a DEA investigation,” the inspector general’s report stated. “The SOD uses a database to collect these phone numbers and can connect cases with hits on the same phone numbers. This allows the DEA to link cases investigated by different offices across the country and throughout the world.”

“According to DEA foreign and domestic personnel whom we interviewed, the SOD’s activities are critical to the DEA attacking the command and control structures of major drug trafficking organizations,” the inspector general’s report stated.

A DEA official defended the techniques Monday, saying “They have gone on for many years and have been briefed, approved, endorsed and supported across the government.”

The official, who is not authorized to discuss the subject publicly and spoke on condition of anonymity, said the strategy is used to protect sources or methods that could be compromised if they were disclosed.

“We do not instruct anyone to lie,” the official said. “It’s building an investigation another way to confirm a tip or lead” based on a source or method that cannot be disclosed.

DEA agents are actively creating fake investigative trails to disguise where the information originated, a scheme that prosecutors, defense attorneys, judges and others are arguing has robbed defendants of their right to a fair trial. Hundreds or thousands of cases could be affected.

The Drug Policy Alliance, which advocates for the legalization of marijuana and supports treatment rather than incarceration for drug offenders, said the DEA’s actions have effectively “robbed defendants” of their rights to fair trials.

“The DEA increasingly qualifies as a rogue agency – one that Congress needs to immediately investigate,” said Ethan Nadelmann, the alliance’s executive director.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

Federal Mail Fraud Crimes

Federal Crimes – Appeal

————————————————————–

To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.