Pubdate: Fri, 09 Aug 2013
Source: Atlanta Journal-Constitution (GA)
Copyright: 2013 Reuters
Contact:  http://www.ajc.com/
Details: http://www.mapinc.org/media/28
Authors: John Shiffman and David Ingram, Reuters

DEA'S TIPS TO FEDS UNDER INVESTIGATION

Agents Instructed to Omit References to Operation.

WASHINGTON (Reuters) - Details of a 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 IRS 
agents for two years.

The practice of re-creating the investigative trail 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 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 Internal Revenue 
Service is among two dozen arms of the government working with the 
SOD, 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.

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.

Internal government documents show that law enforcement agents have 
been trained to conceal how such investigations truly begin, to 
re-create the investigative trail to 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 its purpose is to protect sources 
and methods, not to withhold evidence.

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 re-create 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.

The 2005 IRS document focused on SOD tips that were classified and 
noted that the Justice Department "closely guards the information 
provided by SOD with strict oversight." While the IRS document said 
SOD information could be used only for drug investigations, DEA 
officials said the SOD role has recently expanded to organized crime 
and money-laundering.

House Intelligence Committee Chairman Mike Rogers, R-Mich., expressed 
concern with the concept of parallel construction as a method to hide 
the origin of an investigation.

"We're working with the DEA and intelligence organizations to try to 
find out exactly what that story is," said Rogers, a former FBI agent.

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."

Officials have stressed that the NSA and DEA telephone databases are 
distinct. The NSA database, disclosed by Edward 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.
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MAP posted-by: Jay Bergstrom