Tag: drug convictions

  • DEA Kept Database Of People Who Bought Money Counters To Get Drug Convictions

    DEA Kept Database Of People Who Bought Money Counters To Get Drug Convictions

    Over a six-year period, the agency collected “tens of thousands of records, including the names, addresses, and phone numbers” from sellers of money counters.

    For years, the Drug Enforcement Administration collected data on purchases of money counters hoping to net drug convictions. But the controversial program not only pushed the limits of government surveillance, it wasn’t very successful either.

    “Program B,” as it is referred to in a report by the U.S. Department of Justice Office of Inspector General (OIG), which audited the DEA, collected bulk purchaser data on “tens of thousands of records, including the names, addresses, and phone numbers of buyers” from 2008 to 2014, Forbes reports.

    The DEA would issue “administrative” subpoenas to sellers of money counters, and send the data to field offices to cross-reference against law enforcement databases, including records from more than 15 different federal agencies including the ATF, FBI and ICE.

    Even more troubling is that the DEA sought data on people buying money counters with no specific target in mind. The subpoenas were “unrelated to a specific drug trafficking investigation or target,” the report said. The practice of issuing blanket subpoenas “wasn’t predicated on individual cases or individual suspicions,” but was “just a general fishing expedition,” as one FBI agent who questioned the integrity of the DEA’s activities explained.

    “You can’t just take any innocent activity that Americans engage in and go grab all their records knowing that a small percentage of it is potentially connected to illegal activity,” the FBI agent added. “And that sounded exactly like what the DEA was looking to do.”

    The program did little to “win” the war on drugs. Of all the people it collected data on, the program netted only 131 arrests. The DEA declined to say how many of these resulted in convictions.

    While the American public had little to show for Program B, the agency certainly benefited from it. From 2008 to 2014, the surveillance program helped the DEA seize $48 million in cash, $4 million in real estate, 88 vehicles, 179 firearms, nearly 1,500 pounds of cocaine and over 21,300 pounds of marijuana.

    Overall, it was “troubling” to the Inspector General that the DEA failed to consider the legal limits of its surveillance program. Scandals are not new to the agency, and the Inspector General seemed to imply that this likely won’t be the last.

    As Forbes reported, “Although both the Justice Department and the DEA say they have ‘no plans to reinstate any of the discontinued bulk collection programs,’ the Inspector General noted that ‘there is nothing preventing the DEA or the Department from seeking to start such a program at any time in the future.’”

    According to a 2015 report by the Drug Policy Alliance, the agency has been investigated by the OIG for numerous scandals including the massacre of Honduran civilians, the use of NSA data to spy on Americans and fabricate evidence, controversial uses of confidential informants, and airline passenger searches.

    View the original article at thefix.com

  • Thousands More Cases Up For Dismissal Due To Corrupt Drug Lab Chemist

    Thousands More Cases Up For Dismissal Due To Corrupt Drug Lab Chemist

    The ACLU estimates that at least 12,000 cases will be dismissed as a result of Sonja Farak’s actions.

    A disgraced state chemist who admitted to tampering with, stealing and using drug evidence, completed her 18-month prison sentence in 2015. But we’re still seeing the impact of Sonja Farak’s misconduct while testing drug evidence for the state of Massachusetts for over a decade.

    The Massachusetts Supreme Judicial Court (SJC) ruled last Thursday (Oct. 11) that more drug-related cases should be dismissed as a result of Farak’s actions. While the exact number of affected cases is to be determined, the American Civil Liberties Union of Massachusetts estimated that it could be at least 12,000 or more, according to WBUR.

    “We conclude that Farak’s widespread evidence tampering has compromised the integrity of thousands of drug convictions apart from those that the Commonwealth has agreed should be vacated and dismissed,” said Associate Justice Frank Gaziano. “Her misconduct, compounded by prosecutorial misconduct, requires that this court exercise its superintendence authority and vacate and dismiss all criminal convictions tainted by governmental wrongdoing.”

    Farak was at the Amherst lab for 11 years. Not only was she stealing drug samples and tampering with evidence, she was under the influence while working.

    The SJC already ruled in April that more than 7,500 cases should be dismissed, because Farak had signed off on them. However, the court has now agreed to invalidate every drug sample tested at the Amherst lab where Farak worked—even if she did not sign off on them—as well as the cases related to the drug sample.

    In 2013, Sonja Farak was arrested for stealing cocaine from the Amherst lab, which has since closed. She eventually admitted to tampering with drug evidence and making a “daily habit of treating the drug lab’s evidence supply as a personal narcotics buffet” for nearly a decade before her arrest, according to Courthouse News.

    New “Farak defendants” whose cases will be affected include “those convicted of methamphetamine offenses while Farak worked at the Amherst lab, and any defendants who had drugs in their cases tested between January 2009 and January 2013—the last four years that Farak was at the lab.

    For now, the ACLU and Committee for Public Counsel Services (CPCS) have been tasked with identifying the new Farak defendants and determining how many new cases should be dismissed.

    “There’s a lot of work to be done, but we’re incredibly pleased to have all this work to do to get people the justice they deserve and be able to move on from this disaster,” said Rebecca Jacobstein, staff attorney for the CPCS.

    This is not the first time that thousands of drug-related cases have been dismissed as a result of a state chemist being found guilty of misconduct.

    View the original article at thefix.com