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Renowned Miami attorney faces charges in DEA bribery case

Federal prosecutors have indicted a well-known defense attorney from Miami, David Macey, for allegedly masterminding a bribery scheme that involved two former supervisors from the U.S. Drug Enforcement Administration (DEA) who provided confidential information regarding drug investigations.

The prosecutors claim that Macey showered the former agents with cash and gifts, which notably included tickets for the Yankees-Red Sox baseball games, in return for vital information on the timing of federal indictments and other intelligence that could potentially endanger both cases and law enforcement personnel.

As of Thursday, the specific details of the charges against Macey had not been disclosed, but defense attorney David Patton indicated that Macey would be appearing in federal court on Friday. Patton firmly asserted in an email that Macey, who has an outstanding 30-year record as an attorney and is a devoted father and husband, did not engage in bribery and maintains his innocence.

This case has brought unfavorable attention to what is colloquially referred to as Miami’s “white powder bar”—a highly competitive arena filled with expensive defense lawyers eager to represent alleged drug traffickers and negotiate surrender arrangements in exchange for cooperation with the government. The U.S. attorney’s office in Manhattan has not commented on the matter, but federal prosecutors have previously described Macey as a “crooked attorney” who compensated officials generously for confidential DEA information.

The indictment follows a year after prosecutors revealed Macey, alongside another Miami attorney, Luis Guerra, financed the bribery plan. A judge had granted prosecutors the rare opportunity to inspect almost 1,000 emails, text messages, and phone call recordings exchanged between the attorneys and Manny Recio, a former DEA agent who later worked for the attorneys as a private investigator.

Attorney-client communications generally enjoy confidentiality protections from law enforcement; however, an exception applies if prosecutors can persuade a judge that the attorney’s services were intended to further a criminal act, known as the crime-fraud exception.

In one recorded conversation, Guerra is heard discussing ways to generate money through schemes. Guerra has not faced charges, and no statements from his legal representative have surfaced regarding the case.

Prosecutors describe the correspondences between Macey and Guerra as critical to uncovering the bribery conspiracy, which echoed the convictions earlier this year of both Recio and former DEA agent John Costanzo Jr. The two were sentenced to federal prison after being found guilty of bribery and wire fraud, amid broader scrutiny of misconduct cases associated with other DEA agents connected to various federal crimes.

Having worked as a former state prosecutor, Macey has defended several high-profile cases in South Florida, including one involving a teenager charged with killing multiple cats. He has gained prominence in narcotics and money laundering cases over recent years, which demand some of the highest legal fees in criminal defense.

The corruption investigation heavily relies on text messages and wiretaps. Recio frequently tasked Costanzo with querying names in a confidential database to keep updated on investigations that piqued the interest of their new employer.

The two discussed significant arrest timelines and even pinpointed negotiations for the charging date of businessman Alex Saab, a critical target in Venezuela believed to be connected to President Nicolás Maduro. Furthermore, the pair discussed covert DEA strategies related to arresting a major trafficker in the Dominican Republic, whom Macey aimed to recruit as a client. Despite extensive efforts and a search team comprising 700 law enforcement agents, César Peralta managed to evade capture for over four months.

In return for the sensitive information, Recio allegedly funneled $73,000 worth of bribe payments to Costanzo, covering everything from plane tickets to a condo down payment in Coral Gables, Florida. Prosecutors detail that in 2019, Macey was alleged to have spent nearly $2,000 on Yankees-Red Sox game tickets and a dinner for himself, Costanzo, and another senior DEA official in Manhattan.

Prosecutors noted that Recio was driven by greed, citing his extravagant expenditures, including a 2021 Porsche Macan. To disguise illicit payments, the DEA agents reportedly employed fake invoices and registered a company with a UPS store address, deleting numerous messages and calls related to a burner phone from their records.

The conspiracy included various intermediaries, such as Costanzo’s late father, a decorated former DEA agent who allegedly misled the FBI, and DEA task force officer Edwin Pagan, who faced charges last year for providing false statements under oath during the agents’ trial. Pagan, a Coral Gables police officer, has pleaded not guilty to multiple accusations, including bribery and perjury, with his trial currently set for August.

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