Federal prosecutors have initiated legal action against a well-known defense attorney from Miami, alleging that he masterminded a bribery scheme involving two former supervisors from the U.S. Drug Enforcement Administration (DEA), who are accused of disclosing confidential investigative details.
The attorney, identified as David Macey, allegedly showered the DEA agents with money and gifts — including tickets to a Yankees-Red Sox baseball match — in exchange for crucial insights about the timing of federal indictments and leads that had the potential to jeopardize ongoing cases and the safety of investigators.
As of Thursday, the specific charges against Macey were not publicly disclosed, but his defense attorney David Patton indicated that Macey is set to appear in federal court on Friday. Patton asserted Macey’s innocence, describing him as a dedicated family man and a respected legal professional with nearly 30 years of an unblemished record. In his email, Patton boldly claimed, “The government’s allegations are false, and we are confident that the evidence will prove his innocence at trial.”
This indictment casts a shadow over Miami’s so-called “white powder bar,” a fierce and competitive bidding arena among elite defense attorneys vying for clients suspected of drug trafficking and other related offenses. The U.S. attorney’s office in Manhattan has refrained from commenting on the matter, though federal prosecutors have previously labeled Macey as a “crooked attorney” who “paid handsomely for DEA secrets.”
This legal action follows a previous filing a year ago, where prosecutors alleged that Macey and another established attorney, Luis Guerra, financed the bribery conspiracy. In an unusual decision, a judge permitted the prosecution to examine nearly 1,000 emails, text messages, and audio recordings between the attorneys and Manny Recio, a long-standing DEA agent who transitioned into a private investigator for the attorneys after retiring.
Typically, communications between attorneys and their clients are protected, but prosecutors can override this privilege when they convincingly demonstrate that an attorney’s services are being employed in the commission of a crime, a legal stipulation referred to as the crime-fraud exception.
In an intercepted discussion, Guerra was heard expressing intentions focused around profit, declaring, “We’re here scheming about how we’re going to make money, money, money.” Guerra has not been charged, and there has been no commentary from his legal representation regarding this ongoing case.
The court has deemed the communication between the attorneys vital to the bribery operation. The ongoing investigation follows the 2023 convictions of both Recio and former DEA agent John Costanzo Jr., who are currently serving federal prison sentences for bribery and wire fraud. These convictions were part of a broader examination into cases of misconduct involving other DEA agents entwined in corruption.
Macey, a former state prosecutor, has garnered a reputation for representing clients involved in various high-profile cases in South Florida, encompassing a range of serious allegations, including those against a teenager accused of murdering multiple cats. Over recent years, he has risen to prominence in narcotics and money laundering defense, a sector often characterized by advocate fees that reach substantial heights.
Central to the DEA investigation are text messages and monitored phone interactions, where Recio consistently requested Costanzo to search names in a confidential database to remain updated on investigations relevant to their new clients.
Conversations between the two included discussions about the precise timing for the arrest of businessman Alex Saab, considered a significant target related to crimes in Venezuela, as well as confidential plans to apprehend a major trafficker in the Dominican Republic, whom Macey was attempting to recruit. This trafficker, César Peralta, evaded capture for several months despite an exhaustive search involving numerous law enforcement personnel.
In return for the confidential information, Recio reportedly channeled $73,000 toward Costanzo for various purchases, including flights and a down payment on Costanzo’s condo in Coral Gables. In or around 2019, Macey is alleged to have spent close to $2,000 on game tickets and a dinner in West Village, Manhattan, involving him, Costanzo, and another agency official.
Prosecutors noted that greed was a driving force behind Recio’s actions, highlighting his lifestyle choices and luxury purchases, such as a 2021 Porsche Macan. Deceptive invoices and the use of a UPS store registered for bribe payments were employed by the DEA agents, who also erased hundreds of messages and calls linked to a burner phone, as per court statements.
The conspiracy relied upon intermediaries, including Costanzo’s late father, a decorated DEA veteran accused of providing false statements to the FBI, and DEA task force officer Edwin Pagan. Pagan, who had been charged after reportedly lying under oath during the agents’ trial, has pleaded not guilty to charges that include bribery and perjury, with his trial scheduled for later this year.
