Matthew Podolsky, the Acting United States Attorney for the Southern District of New York, and James E. Dennehy, the Assistant Director in Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced the unsealing of an Indictment charging DAVID MACEY, a criminal defense attorney based in Florida, with bribery of a public official, conspiracy to bribe a public official, honest services wire fraud, and conspiracy to commit honest services wire fraud, for a scheme in which MACEY paid tens of thousands of dollars to a senior Special Agent (“Agent-1”) with the Drug Enforcement Administration (“DEA”), in exchange for Agent-1 providing sensitive law enforcement information to MACEY to assist MACEY in recruiting and representing clients. MACEY was presented before Magistrate Judge Stewart D. Aaron. The case has been assigned to U.S. District Judge Jennifer H. Reardon.
Acting U.S. Attorney Matthew Podolsky said: “As alleged, David Macey provided secret payments to a senior DEA special agent in exchange for access to sensitive information that Macey could use to enrich himself, including information regarding sealed indictments and impending arrests. This prosecution underscores this Office’s commitment to combatting bribery – especially bribery that compromises law enforcement’s duty to protect and serve the public.”
FBI Assistant Director in Charge James E. Dennehy said: “David Macey, a criminal defense attorney, allegedly bribed a senior federal agent with tens of thousands of dollars for confidential information from law enforcement databases. Macey allegedly breached an expectation of privacy and received unlawful advantageous details to unjustly benefit his practice. The FBI will never tolerate those who engage in corrupt practices with public officials and cheat the investigative nature of our criminal justice system.”
According to the Indictment unsealed today in Manhattan federal court:[1]
MACEY is a criminal defense attorney based in Coral Gables, Florida. From in or about October 2018 through in or about January 2020, MACEY and a private investigator that worked with MACEY (“Investigator-1”) paid bribes to Agent-1 with the DEA in return for Agent-1 providing non-public, confidential DEA information in breach of Agent-1’s official duties. MACEY and Investigator-1 paid the bribes to Agent-1 using methods designed to conceal MACEY’s own connection to the bribe payments, including by using EDWIN PAGAN III, a former DEA Task Force Officer, as an intermediary. In return for the bribe payments, Agent-1 provided nonpublic, confidential DEA information to MACEY and Investigator-1 so that MACEY and Investigator-1 could use that information in furtherance of MACEY’s legal practice, including to recruit and represent criminal defendants.
Among the benefits paid by MACEY and Investigator-1 to Agent-1 were a $2,500 payment made in November 2018, shortly after Investigator-1’s retirement from the DEA, which was funneled to Agent-1 through a company owned by a close family member of Agent-1. At the same time that this payment was made, MACEY and Investigator-1 began asking Agent-1 to run searches in the DEA’s Narcotics and Dangerous Drugs Information System (“NADDIS”), a database that contains confidential information about individuals who are or have been under investigation by the DEA. Following that initial payment, MACEY and Investigator-1 continued to provide benefits to Agent-1, including $50,000 that was paid to Agent-1 for Agent-1’s purchase of a condominium in January 2019 and tens of thousands of dollars that were funneled from Investigator-1 through a company created by PAGAN.
In return, Agent-1 continued to provide nonpublic DEA information to MACEY and Investigator-1, including information about the timing of forthcoming indictments, information about DEA arrest plans of particular targets, and non-public information about arrests of criminal defendants. Agent-1 also continued to search NADDIS for names of particular individuals requested by MACEY and Investigator-1, doing so on dozens of occasions during the scheme. In addition, during the scheme, MACEY and Agent-1 discussed Agent-1’s efforts to influence subjects of DEA investigations to retain MACEY as their attorney.
MACEY, 54, of Coral Gables, Florida, and PAGAN, 52, of Miami, Florida, are each charged with one count of conspiracy to commit bribery, which carries a maximum term of five years in prison, and one count of receiving or paying a bribe, respectively, which carries a maximum term of 15 years in prison. MACEY and PAGAN are also charged with one count of conspiracy to commit honest services wire fraud and one count of honest services wire fraud, each of which counts carries a maximum term of 20 years in prison. PAGAN is also charged with four counts of perjury in connection with false testimony that he provided in a related criminal trial in November 2023. The charges against PAGAN were unsealed in November 2024.
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Podolsky praised the outstanding investigative work of the FBI and the Department of Justice Office of the Inspector General, and thanked the DEA’s Office of Professional Responsibility for its support in this matter.
The prosecution is being handled by the Office’s Illicit Finance and Money Laundering Unit. Assistant U.S. Attorneys Emily Deininger and Mat Andrews are in charge of the prosecution.
[1] The entirety of the text of the Indictment, and the description of the Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
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