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Deep by written by former DEA

Found at: 0x1bi.net:70/textfiles/file?law/crimeftr.010

                          Drug Wars and Drug Laws

"Deep Cover," a $5.95 pocketbook, by Dell, written by a former DEA group
battle of the drug war. If there was a textbook on undercover work, Michael
Levine would have written it. For 25 years he was an insider in the DEA -
their top undercover cop. A man with a proven record of arrests -
most dangerous failure of American policy since Vietnam. In his book "Deep
Cover" he takes you on one of the most dramatic, ambitious cases ever
mounted - an operation in which the drug kingpins of three countries were
caught red-handed... and tells you why they were never brought to justice.
The result is an explosive expose of why we're losing the war on drugs -
told in the words of an American who has devoted his life to winning it."

The above description was taken from the covers of his book. If you're the
least bit interested in doing something about the drug war farce, read this
book. It may come as a bit of a shock to learn that (on page 64, for
example,) DEA's Staff coordinator, Art Egbert said, "They are making so
much cocaine down there (in Bolivia) that just seizing another 10, 20, or
a buy."

Michael Levine's thoughts at that time were, "I wanted to scream. "Why the
fuck have two DEA undercover agents died this year after going after ounces
of cocaine?  Was it for nothing?  And why are you sending agents into the
on the tip of my tongue. Only the realization that it would have meant an
nstant end to Trifecta (code name for the operation) silenced me -- but
not completely."

And it didn't. His book, "Deep Cover," written after his retirement, blows
the lid off political ambitions and bureaucratic bungling and the shameful
operation "Snowcap."

The essence of the Michael's story, besides shocking revelations that will
make you both angry and dismayed, mentions a viable alternative that may
not be politically expedient, but could be the most effective way to fight
the drug war.

On page 227 he says "Over the next week, from March 24th to March 29th,
night after night, Group 22 (his group) kept locking up buyers. Most of
them flipped (gave evidence against the pusher who sold them the dope),
thing that seemed apparent to me was that most of them never would have
been buying drugs in the first place if they'd believed there was a chance
they'd be busted. WHEN WILL WE EVER LEARN!"    (Mike's emphasis.)

Another pocketbook, "Cocaine Wars," by Paul Eddy with Hugo Sabogal and Sara
Waden, Bantam Books, 1988, makes similar remarks and has come to the same
conclusion:

" ...When the task force began work in 1982, one kilo of cocaine of any
$9,000 and $14,000 in Miami, and there were places in the city where at
night cocaine was more easily and openly available than cigarettes.

What went wrong? "We win battles while they win the war," said Special
Agent William Yout, a blunt Boston Irishman who until 1987 was the DEA's
exceptionally forthright spokesman in Miami. In Yout's view -- a view
failed, and continues to fail, because its strategy is flawed, because it
fights on the wrong front, and because for all the hoopla and all the
the political will to win."

Another book of Michael Levine's exploits, "Undercover," written by Donald
Goddard (Dell) and available in paperback ($5) contains a series of
"seminars" that Levine uses to teach law enforcement agents how to go
undercover. In the book, the gist of his seminars are told, along with the
background information in story form on how he made the busts. It's
fascinating to read, and in a way, is a training manual for CrimeFighters.

Levine reiterates (in Chapter 9 of "Undercover") "We can win, if you want
to". In this Chapter, Mike is talking to a PTA group and explains why the
emphatically repeats the claim that all the big busts have damn little
effect and never will. It's only when users of illegal drugs are hounded,
as the demand is there, drug dealers will be able to make a lot of money
meeting the demand. Taking out dealers, who are replaced immediately by
another group who are waiting in line to move up the ladder, is not the way
to fight the war on drugs. Going after the users is the only effective way
to eliminate drug use. When no one (or hardly anyone) uses drugs anymore,
there'll be no dealers.

What Levine recommends is not going to be a popular remedy supported by the
numbers that won't be currently practical. Wholesale arrests would tie up
the entire judicial system. Most of these arrests will be considered as
"nuisance" arrests as far as the courts are concerned. Second, most of
these lawbreakers are almost immediately released with a slap on the wrist
-- plea bargained down to a petty offense or misdemeanor and a small fine
or a few days in jail. For the cops on the street, it's just not worth the
time and hassle when they have too many other things to do. So they don't
bother. They can't. There are too many users and not enough police.
are overflowing. That's the problem. (But, CrimeFighters could provide a

                          Drug Wars: Just a GAME?

Both "Deep Cover" and "Cocaine Wars," about different narc agents, draw
Drugs:

no longer naive: "the whole thing's a game. It's all a fucking game."

Michael Levine, in "Deep Cover," says "I listened to Hooper talk and
but afraid to risk their jobs. I was as afraid as any of them -- afraid of
a truth I had refused to see ever since the nightmare of the Roberta Suarez
case."
                                * * * * * *

Another book, "Drug Agent, U.S.A.," written by Richard F. Radford and Jack
Crowley, published by St. Martin's Paperbacks is another "true detective
This one, beside relating fascinating stories, provides clear insight in
the drug scene and the jobs of undercover cops. It also sheds additional
light on the reason for failure of the war on drugs!

The authors of "Drug Agent U.S.A." mention something generally overlooked
by the public as well as politicians:

"...fully half the drugs OD's that get reported in this country derive from
criminals. Drugs get stolen, prescriptions get forged, some people

"As a supervisor for the DEA, my first concern is about the sheer size of
the problem. From an enforcement point of view, the numbers are staggering.
There are approximately 800,000 registrants in the United States -- that
s, over three-quarters of a million legally registered pharmacists,
the line, drugs listed under the Controlled Substances Act. All of these
llegal end, so the logistics of tracking down a crooked handler are mind-
boggling.

"Add to the problem of this number the fact there are several thousand
thousand items factor out to about 20 million dosage units of drugs that
can, as the DEA says, "have a substantial and detrimental effect on the

"Obviously, not all the drugs are ending up where they're supposed to. Of
the 20 billion legally produced dosage units, estimates range from a low
market annually. That's a lot of pills."

Chapter 2 of "Drug Agent U.S.A." reveals that generally speaking, if the
case isn't profitable moneywise, won't advance legal careers, or won't
enhance their political aspirations, most prosecutors tend to ignore,
nterested.

little busts because, if they win the cases, there's no glory or big
for higher office. From a business point of view, It's smarter to play the
odds when their in your favor. I'd do the same thing, and so would most

the game" -- to hang on to their big-paying jobs with billions of dollars
War is won, they'll be out of a job. Maybe that's what Yout meant when he

End result: Everybody claims to want to stop the plague of drugs and drug
addiction, but no one wants to make the little busts if there's no money or

                                Conclusion

coming into the country. Many other people, like Levine who know enough to
make factual comments, say that the amount of drugs seized amount to only
about 10% of the total volume. Even if the percentage was increased to 50%
or more, it would only mean that the price would go up slightly. That would
- and make it even more difficult to control.

example, is made in the United States. Spending billions in bribes (by
various names) to South America can't and won't do anything to solve the
and heroin) that are all but overlooked by politicians at higher levels,
and by the media. The little busts are so common, they just aren't worth
mentioning.

Noriega controlled Panama he also controlled drug distribution. Now that
unknown and uncontrolled dealers who have quickly and eagerly stepped into

South American drug manufacturers are like mushrooms. When you step on a
mushroom it releases spores that create hundreds more. Stamping on the big
ones only creates hundreds of smaller ones who sprout up overnight and take
their place. Ditto with drug dealers. Nailing Noriega didn't solve the
action. Now, they don't know who's in charge, who the dealers are, where
the drugs are coming from or going to, or what to do about it. The problem
now is worse than ever!

of buyers who make it profitable for dealers to accept the risks of jail.

Levine's book suggests -- hit the users to reduce the demand!

The history of Drug Wars indicates it's another quagmire like Vietnam.
We'll never win it by fighting the war like a standard, organized military
operation. It's time to try guerrilla warfare; by sniping at recreational

                      Drug Wars - CrimeFighter Style

After working the DDT Patrol for a few weeks or months, you'll probably see
or hear about drug use and sources of supply. If you have experience in
electronic equipment, you may be ready to join the CrimeFighter NARC squad.

not have any inside information on drug users and drug dealers. If not,
there's another way to obtain leads: advertise for them.

Buy and distribute "reward brochures" from We-Tip that offers to pay "up to
$1,000" for information concerning illegal drug use. Put your phone number
(rented from an answering service) as the person to contact. Payment of the
formula. Or, when suitably dressed for the role, ask street people to
locate a drug dealer's place of business such as a crack house. Sooner or
later you'll get leads.

names and addresses of other users and their dealers. You'll find out one
lead often becomes two or more, and it becomes a pyramid of leads.

                                 Stakeouts

and license plate numbers of about a dozen cars or more that make pit
close-ups of buyer's faces and license plates. After getting the evidence
on tape: (a) Contact the FBI and negotiate for a suitable reward for the
bust of the dealer. When an agreement is reached, and in writing, give them
the information they need, including a copy of the videotapes showing many
buyers going in and out of the place of suspected drug-related business.
The videotapes of suspects making pit stops at the buyer's place of
business will provide them with probable cause to get a warrant for a

Let the FBI make the arrests. But be aware they may want to flip the dealer
to nail his suppliers. They may let him off the hook (and even stay in
business) in exchange for additional information. Your negotiations for a
errors and omissions of police, and indifferent prosecutors. Nail down a
that no matter what happens to the case afterwards, you know you'll get

negotiate, or if the agency doesn't want to pay a "decent" reward, assert
your right to be prosecutor (that's what Qui Tam is for). Plea bargain with
the defendant for lesser charges in exchange for a suitable lawsuit award.

Use RICO civil suit for prosecution in addition to or in lieu of criminal
charges -- where you get 50% of the fines and forfeitures when there are

The FBI will obtain names and addresses of suspected users from the DMV via
the license plate numbers shown on your videotapes. Search and arrest
they need to make an arrest.

Negotiate the same deal for drug users, or when necessary, use Qui Tam to
anyway. If so, you can take over as prosecutor via Qui Tam law. Use civil
charge will provide leverage to get an friendly settlement of your civil

Under 3059, you qualify for a reward and have the legal right to be the
bargaining. Very few will want a trial if you're willing to let them buy
their way out of jail. When they insist on their innocence, turn them over
to the regular prosecutor and apply for federal rewards. When and if
they're convicted or change their mind and plead guilty, initiate a civil

When they can afford it, users will gladly accept the chance to settle the
or reduced charges from a felony to a misdemeanor. If they insist on a
trial, they'll probably wind up paying more than $1,000 in lawyer's fees
anyway, and might lose the case and face jail time and a criminal record --
f they don't already have one.

You can recommend Probation without Adjudication for first-time offenders.
That means, if there are no repeat violations during a 12 month period, the
charges will be dropped and no criminal sentence is on their record.

bureau, a suitable reward of $1,000 per user should be negotiated in lieu
of the rewards under 3059 and 886.

and there are rewards pending (3059 and 886), you have the right to be the
your permission. That gives you leverage to negotiate a suitable reward.

When you get a few leads and informants working for you, you should be able
to snare at least 10 drug users per month who pay you $1,000 or more, each.
That's how you can make $100,000 a year. (Plus bonuses of rewards from

                           Part II - Reward Laws

there's another reward law that concerns Drug Abuse Prevention:

                           Title 21, Section 886

"(a) Payment to informers. The Attorney General is authorized to pay any
for information concerning a violation of this title, such sum or sums of
money as he may deem appropriate, without reference to any moieties or

Unofficial interpretation: If, for example, a CrimeFighter were to provide
nformation leading to the arrest of a drug dealer, he or she would be
first entitled up to $25,000 as a reward under section 3059, plus an
additional amount under section 886. The reward amount under section 886
sn't specific. It's under the discretion of the DEA (and FBI). But, this
ntentionally provides a bonus reward when directly related drug activity
s involved.)

"Reimbursement for purchase of controlled substances. Moneys expended from
appropriations of the Drug Enforcement Administration for purchases of
controlled substances and subsequently recovered shall be reimbursed to the
current appropriation for the Bureau."

Unofficial interpretation: When and if money used to make purchases in
Sometimes the sting operation isn't successful and the money is "lost," or

"Advance of funds for enforcement purposes. The Attorney General is
authorized to direct the advance of funds by the Treasury Department in
connection with the enforcement of this title."

Unofficial interpretation: Authorizes general funding for the DEA and
up a sting operation. It might also authorize the FBI to pay an alternate
form of compensation to a CrimeFighter to provide a "cover" in setting up
a sting operation.

(Incidentally, David Wheeler, a DEA informant and convicted drug dealer, is

A former law enforcement agent, Mr. X (who prefers to be anonymous) who
thousands of dollars in the last year alone and said that 21 USCS 886
allows the FBI to award 25% of all fines and forfeitures, up to $150,000

Mr. X also mentioned, "I have found the FBI to be very trustworthy in

You can deal either with the DEA or FBI for a reward to be paid under 21
USCS 886. After reading the book "Deep Cover," you may lean towards the FBI
as more reliable and trustworthy. But, it might depend more on the agent
you deal with.
                          "Original Information"

The wording "original information" means that once you have disclosed the
You might collect a reward from the first party, but no one else if the
later try to sell it to Customs, the information is no longer original
nformation and you would lose the larger Customs reward.

                               State Rewards

Most states have provisions to pay rewards for information on drug
violations but they may be buried in forfeiture laws.

Example: Arizona's forfeiture law, 13-4315, has a provision for: "Payment
of awards for information or assistance leading to a civil or criminal

When such provisions are available in state forfeiture laws, it may be

The 13-4315 law also says that "Fines that are not suspended constitute a
lien until paid."  If a large fine can't be paid right away, it remains in
force as a lien on the lawbreaker's future assets.

                     Drug-Related Fines and Penalties

For an example, I extracted the essence of Arizona drug laws and itemized
them in abbreviated form for your reference. Each state law will vary
assume all violations of drug laws are felonies unless stated otherwise in
your own state's Revised Statutes.

An analysis of Arizona drug laws reveals: 99% of violations are felonies;
that the minimum fine (range) is $750 and up to $2,000 or three times the
value of drugs found, involved in or giving rise to the charge, but not
more than $150,000;  Fines for violations involving "hard" drugs (cocaine,
most fines under drug laws includes the statement "A judge shall not

Felonies are rated by classes, with class 1 being the most serious and
class 2 through 6 being decreasingly less serious. Penalties, fines, and
forfeitures are adjusted according to the many factors involved in each
case. It's not possible to state a specific fine and penalty for each class
of felony.

Here's a table to estimate your rewards (50% of the fines and forfeitures,
marijuana use, to $100,000 for Class 1 drug violations.

 Class 1 from $100,000 to $150,000
 Class 2 from  $50,000 to $100,000
 Class 3 from  $25,000 to   50,000
 Class 4 from  $10,000 to   $25,000
 Class 5 from   $5,000 to   $10,000
 Class 6 from     $750 to   $2,000

(Remember, in most cases you can convert these fines to lawsuit awards.)

                     Abbreviated drug laws - penalties

Marijuana
 Possession
 less than 1# = class 6 felony
 between 1# but less than 8 # = class 5 felony
 more than 8# = class 4 felony.

 Selling
 less than 1# = class 4 felony
 more than 1# = class 3 felony

 Growing
 less than 1# = class 5 felony
 more than 1# = class 3 felony

 Transporting
 less than 1# = class 3 felony
 more than 1# = class 2 felony.

 Minimum fine $750, maximum $150,000.

                            Prescription Drugs


Sells or transports = class 6 felony - Fines: up to a maximum of $250,000

                  Dangerous Drugs - Cocaine, Heroin, etc.

 sell = class 3 felony
 Possess equipment to manufacture = class 4 felony
 Manufacture = class 3 felony
 Administer drugs to others = class 2 felony
 Obtain by fraudulent means = class 3 felony
 transport for sale = class 2 felony

                              Drugs to Minors

No person shall employee any minor in any capacity involving any part of
the selling or distribution of drugs

 Employ any minor = class 2 felony
 sell or transfer to any minor = class 2 felony

                          Drugs on School Grounds


 to possess, use, or sell marijuana. = class 2 felony
 to possess, use, or sell hard drugs = class 2 felony

                                * * * * * *

Conclusion: Anyone selling or dealing in illegal drugs would be prosecuted
under RICO laws. Drug users who don't sell it (and make a profit) wouldn't
come under RICO, but CrimeFighters would be eligible for basic felony

CrimeFighter should negotiate for Federal rewards under 3059 and 886 for a
minimum reward of $500 + $500 for users, depending on the kind of drugs,
and $5,000 to $50,000 for dealers depending on the quantity and value of

confiscated as drug proceeds, and the CrimeFighter could get half of the
amount -- often a few thousand to hundreds of thousands of dollars!

or she could make about $600 per buyer (15 - 20 buyers?) or about $20,000
for one week's stake-out and movie-making effort, plus an extra reward of
$5,000 to $25,000 for the dealer. A full time Narc CrimeFighter, working
could make a million!  After you read his books, I'm sure you'll agree.

                Recommended reading for Narc CrimeFighters

Five pocket books: "Undercover," "Deep Cover," "Drug Agent U.S.A.,"
"Cocaine Wars," and "Rough Justice," Total is about $25. They're listed in
CRIMCAT. They're educational, and fascinating reading.

                            F9 for next Chapter