Georgia Criminal Defense Lawyer Blog

Another mortgage fraud conviction in Atlanta, and another lengthy sentence. In federal court last Friday, Joseph Sterling Jetton received a 14 year prison sentence and was ordered to pay over $11 million in restitution.

The Macon Georgia Telegraph has the story.

Our criminal defense lawyers have handled many mortgage fraud cases in Atlanta and other parts of Georgia. We have represented real estate agents, mortgage brokers, closing attorneys, investors and straw purchasers.

Our lawyers have been able to successfully resolve a few complex mortgage fraud investigations on behalf of our clients by showing that these clients were not aware of the fraudulent statements made on the loan applications and closing documents. In cases that cannot be resolved without a plea, the ultimate sentence usually depends on the amount of loss attrbuted to the person, and that person's role in the overall offense.

Considering the continued decline of the real estate market, and the amount of properties going into foreclosure, our lawyers expect more criminal investigations into mortgage fraud and other questionable real estate transactions in Atlanta.

Posted by Page Pate | Permalink | Email This Post

Posted In: Federal Criminal Law , Theft and Fraud

Bookmark:

Georgia and federal law enforcement agents are investigating a large identity theft ring alleged to have cloned numerous credit cards in the Athens Georgia area. Investigators allege that the ring was led by Vikas Yadav from his home in Clarke County. According to law enforcement, Yadav was able to obtain credit card numbers through his employment at a local liquor store.

The Athens Banner Herald has the story. The article also contains a link to the search warrant obtained by the Athens Georgia police and U.S. Secret Service agents involved in the investigation.

No arrests have been made in Georgia, although Yadav has been arrested and charged in federal court in Mississippi. Other arrests have been made in North Carolina and Atlanta. Considering the fact that the alleged conspiracy appears to involve multiple states, all of the people arrested will likely face federal fraud charges.

Our firm has recently handled many identity theft and fraud cases in federal court in Atlanta and other parts of Georgia. The punishment for this type of offense can be severe. The amount of time in custody usually depends on the total amount of money involved. The federal sentencing guidelines also call for significant sentencing enhancements in fraud cases when identify theft is involved.

The investigation in this case remains pending.

Posted by Page Pate | Permalink | Email This Post

Posted In: Federal Criminal Law , Theft and Fraud

Bookmark:

A new mortgage fraud indictment was returned in federal court in Atlanta last week.

The new indictment alleges a mortgage fraud scheme involving the purchase of condos on Memorial Drive in Atlanta. The government alleges that the scheme involved fraudulently inflated appraisals. One of those charged is a former IRS employee.

The Atlanta Journal Constitution has the story.

There have been several large federal mortgage fraud prosecutions in Atlanta over the past few years. Our firm has been involved in many of them. We have represented closing attorneys, mortgage brokers, appraisers, investors and the inevitable "straw buyers." The alleged losses have been staggering, usually in the many millions of dollars.

While the government has been mostly successful in these prosecutions, defense lawyers who have represented defendants in these cases often try to point the finger at the lenders who were accepting obviously false loan applications and inflated appraisals without question. There's no doubt that mortgage lenders had a role in the rampant fraud that plagues the residential mortgage industry, especially in the so-called "sub-prime" market. The lenders were approving loans left and right with little concern if the borrowers later defaulted. While that sounds strange, the fact is that most lenders sell the mortgage on the secondary market shortly after the borrower closes on the property. At that point, it's someone else's problem.

But a false statement is still a false statement, and we expect both federal and state prosecutors in Georgia to continue to purse mortgage fraud indictments. There is certainly no shortage of foreclosed properties to review.

Posted by Page Pate | Permalink | Email This Post

Posted In: Federal Criminal Law , Theft and Fraud

Bookmark:

We've seen this before.

A federal grand jury in Savannah recently indicted Christian and Jennifer Navoy, a couple from Roswell, Georgia, on illegal distribution of controlled substances through the internet.

The Atlanta Journal Constitution has the story.

We are currently representing a doctor who is being charged with a similar offense for his involvement in an internet medicine business operated out of Atlanta. I discussed the case in a previous post.

In the Atlanta case, our client reviewed medical information submitted by patients through an online questionnaire. It was the same information they would have had to provide if they made a personal visit to the doctor's office; it just saved them time and money to do it this way. The drugs involved in our case are non-narcotic drugs like Viagra and weight loss medication, some of the same drugs involved in the Savannah case.

One of the doctors in the Atlanta case has already gone to trial. The jury deadlocked and could not reach a decision. A retrial for this doctor, and any other defendant left in the case, is set for this Fall.

The government is not guaranteed a conviction in this type of case. We think juries will require more evidence than just the fact that someone used the internet to order drugs. Ultimately, the jury's verdict may depend on whether there was a doctor involved, and whether the doctor had sufficient information available to determine the person's need for the medication he ordered. Some jurors may find it difficult to convict a doctor for doing the same thing he would have done if the person had made an appointment to see him at the office.

Posted by Page Pate | Permalink | Email This Post

Posted In: Drug Crimes , Federal Criminal Law

Bookmark:

Yesterday, we were able to successfully resolve a federal criminal case for our client in Atlanta. He had initially been threatened with prosecution for false statements and violations of federal law governing the importation of endangered species for his involvement in assisting a Texas hunter and South African safari operator get a leopard skin into the United States.

The Atlanta Journal Constitution reported the case, based on a press release issued by the United States Attorney's Office in Atlanta.

Although our client was facing the possibility of being charged with more serious offenses (felony charges with possible prison time), we were able to resolve the case for a plea to a misdemeanor, 12 months of probation and a fine. Read the misdemeanor sentence here

Although Endangered Species Act cases are not a large part of our practice, federal law enforcement agents from the Fish and Wildlife Service expect the number of these cases to increase in Atlanta.

Because there are very few Atlanta criminal defense lawyers experienced in fish and wildlife prosecutions, we will follow these cases and watch for any developments in the law.

Posted by Page Pate | Permalink | Email This Post

Posted In: Federal Criminal Law

Bookmark:

William "Bill" McArthur III, a South Georgia doctor, recently pleaded guilty to violating federal drug laws as a result of his involvement in an internet pharmacy. The Macon Telegraph has the story.

Apparently, the doctor agreed to prescribe medication to patients who submitted orders via the internet or by telephone. The doctor, his father and another physician operated a "call center" in Mississippi where the orders were filled. Several discount pharmacies were also involved.

This is not the first time an internet pharmacy operation has been charged with violating federal drug laws. Our firm is currently representing a physician charged with approving certain low-level prescription drugs after reviewing and evaluating medical information submitted by patients through the internet. In our case, the government contends that doctors cannot approve any sort of controlled substance without a face-to-face physical examination of the patient. We disagree, and the case remains pending in federal court in Atlanta.

These cases can be difficult to defend because many doctors would say that the best way to determine if a patient should received a certain medication is to conduct a physical examination of that patient. The government usually calls these doctors to testify as experts in the "legitimate practice of medicine."

The problem with the government's theory is that it ignores reality (many people receive prescription drugs from nurses and p.a.'s without ever seeing a doctor), and it assumes that a doctor cannot get the medical information he or she needs online. That is especially true when the drugs are pills like Viagra and weight loss medications. Just because it's not the best way to practice medicine doesn't mean it's a federal crime.

It looks like internet medicine cases will continue to be charged as computer crimes and/or federal drug crimes, and lawyers will continue to litigate them because there is so much money involved. In the South Georgia case, the government alleges that the business generated approximately $1.8 million.

Maybe if they had not been so successful they could have stayed under the radar. Now, the doctor is facing the loss of his ability to practice medicine, a hefty fine and up to five years in federal prison.

Posted by Page Pate | Permalink | Email This Post

Posted In: Federal Criminal Law

Bookmark:

Looks like T.I. won't have to stay at home this Easter. This week, a federal magistrate judge in Atlanta agreed to modify T.I.'s bond to allow him to attend Easter Sunday services at the Georgia Dome. The Atlanta Journal Constitution has the story on T.I.'s bond modification.

It's not unusual for a defendant to get court permission to leave his home or travel outside the district while the case is still pending. In the Northern District of Georgia, and most other federal judicial districts, bonds usually have conditions that restrict a defendant's travel to the district where the case is pending. (Some defendants are detained without bond at all. In fact, in most major drug and firearm cases in federal court in Atlanta defendants are held in pretrial custody until the case is resolved.)

No word yet on a trial date for T.I. because the case has not yet been "certified ready for trial" by the magistrate judge. There is still a motion to suppress evidence pending that will have to be heard and ruled on before the case can proceed. T.I.'s Atlanta criminal defense lawyers have challenged the search of T.I.'s vehicle and residence and are trying to keep the guns that were found out of the case. If they are successful, it probably won't end the case because there are still cooperating witnesses who are expected to testify that T.I. was involved in unlawful gun purchases. But the suppression of the guns will make the case a whole lot more difficult for the government to prove.

I expect the hearing on the lawyers' motion will take place soon. After the hearing, the attorneys will probably file another legal brief with their arguments to suppress the evidence. The magistrate judge will then review their arguments and make a recommendation to the district court that the motion should be granted or denied. After the district court makes the final determination, the case can be set down for trial.

Although there is a speedy trial act in federal court, it usually doesn't mean much. Cases are supposed to be tried within 70 days after arraignment, but any pending motion will toll the time and keep the clock running. That's why cases often take a year or longer to get to trial in federal court, at least in Atlanta.

I doubt this case will last more than a year, but I don't expect the case to be resolved until late summer at the earliest. With or without the guns, it should be an interesting trial.

Posted by Page Pate | Permalink | Email This Post

Posted In: Federal Criminal Law , Firearm Offenses

Bookmark:

Georgia State Rep.Ron Sailor, Jr. pleaded guilty this week to federal money laundering charges in Atlanta. All the local news media covered the story. (The picture on the left is Sailor and his Atlanta criminal defense lawyer Bruce Maloy.) Bill Rankin provides a good summary of the investigation and the plea in the Atlanta Journal Constitution.

Now we know why Sailor has missed so many votes in the Georgia General Assembly - the government told him to. Federal prosecutors apparently instructed Sailor not to vote during the time he was cooperating with the government to avoid any appearance that the feds (a Republican controlled Justice Department) were telling Sailor how to vote. I am not sure how his constituents feel about that, or how silencing a reliable Democratic vote may have affected pending legislation. Because Sailor had not entered a guilty plea until this week, he would not have been prevented from holding his seat and voting on legislation. Interesting issue, but unlikely to get any attention. Another interesting issue is why Sailor was approached by this undercover agent. What led them to Sailor? Was it another cooperating witness? Or, did they just chose him at random?

U.S. Attorney David Nahmias told reporters that Sailor has been cooperating with law enforcement in an ongoing investigation into public corruption in Georgia. Apparently, he's been cooperating for several months while his arrest was kept under seal. Nahmias described Sailor's cooperation as "useful." Anyone who follows Georgia politics would not be surprised if there are additional legislators under investigation for violating various federal laws. The dome may be gold, but it's certainly not pure.

As with most plea agreements in federal court, Sailor is not guaranteed any specific sentence. The amount of time he will have to spend in federal custody will be determined by the judge after a Presentence Investigation Report is prepared by the U.S. Probation Office. The judge will consider the federal sentencing guidelines, but ultimately make his decision based on the sentencing factors set forth in the federal criminal code (18 U.S.C. 3553).

I am sure Sailor and his defense attorneys are hoping that the government will reward him for his cooperation by filing a "5K" motion before he is sentenced. "5K" refers to a section in the federal sentencing guidelines that rewards a defendant with a possible reduction in his sentence for providing "substantial assistance" to the government. Whether the defendant has provided "substantial assistance" is always up to the government. If a "5K" motion is filed, the judge can disregard any mandatory minimums and impose a reasonable sentence. That usually means the defendant will get less time. Although the government attorney usually makes a recommendation, the amount of the reduction is ultimately up to the judge.

Now that Sailor's plea is public, we should soon see if his cooperation results in any arrests. I expect the feds will likely wait until after the legislative session if they intend to charge any other state representative. But after March, who knows...

Posted by Page Pate | Permalink | Email This Post

Posted In: Federal Criminal Law , Public Corruption

Bookmark:

In Atlanta, Georgia, two TSA security screeners and one Delta Airlines employee appeared in federal court yesterday after being indicted on drug charges. The charges are based on their alleged involvement in agreeing to help courier drugs on Delta flights from Atlanta to New York. The arrests, and the recent indictment, are the result of a undercover investigation by federal agents in Atlanta.

The Atlanta Journal Constitution has the story. So does the Atlanta Business Chronicle. The arraignment was also covered by the local Atlanta tv news media.

It appears the charges relate to an undercover operation by the DEA. A DEA agent convinced a TSA employee to help smuggle suitcases containing drugs through the security checkpoints and deliver them to a Delta employee. The Delta employee would then fly the suitcases to the undercover source in New York. The DEA apparently used fake drugs in the sting. According to the criminal complaint, the price for the delivery was $8,000 for two suitcases in the first deal. There were apparently two other transactions with the same DEA agent.

Apparently, this is not the first time Delta employees have been charged with smuggling drugs. Here is a story from the New York Times in 1997.

These are serious charges in federal court. Depending on the quantity of drugs involved, there may be mandatory minimum penalties of 10 years and up. Heavy fines are also a possibility. Losing their jobs is almost a certainty.

Defense lawyers for the defendants were able to secure bond for the three, and they are likely out of jail now and awaiting another court date. In federal court, at least in Atlanta, there is usually a pretrial conference shortly after the arraignment to determine if there are any substantive motions that need to be heard prior to trial. It is also a good opportunity for the defense attorneys to make sure they have all the evidence and other discovery materials that the government must provide pursuant to the federal criminal rules.

The fact that the government did not ask for detention for these defendants suggests that case may be resolved for something less than the mandatory minimum sentences. That usually happens only when the defendants cooperate with the government, or when they have no prior convictions and qualify for "safety valve" treatment under the federal sentencing guidelines.

Of course, that all assumes that the government can prove its case. As we have learned in several other federal cases, the facts are not always as they appear from reading a criminal complaint. But those facts do make interesting headlines. And blog topics.

Posted by Page Pate | Permalink | Email This Post

Posted In: Drug Crimes , Federal Criminal Law

Bookmark:

Our law firm was retained last week to represent one of the U.S. Army Rangers in a federal criminal case currently pending in Atlanta, Georgia. The arrest of these soldiers was widely covered by the Atlanta and national media. Here is the story from CNN.

We have not been in the case for very long, so it wouldn't make sense to comment on the facts. But from what we've read in the press and public court records, it appears that the ATF (Bureau of Alcohol Tobacco and Firearms) set these soldiers up to commit a crime that the soldiers would never have even imagined had the ATF not been involved. The ATF came up with the idea, and then actively recruited people to join in. Apparently, the ATF did not initially succeed in convincing anyone to do this, so they kept on trying.

There is no dispute that these soldiers all have honorable service records. Our client has absolutely no criminal record, and has served several combat tours. He is well-liked, respected and valued by his fellow soldiers and superior officers. Everyone who knows him has a very hard time believing he would be involved in something like this. So do we.

The charges are very serious - drug conspiracy and firearm offenses that carry mandatory minimum sentences of 15 years and up. But it appears to be a very defensible case from what we know, especially in regards to our client's alleged involvement.

The other soldiers are also represented by capable federal criminal lawyers and well-regarded Atlanta defense attorneys. We are pleased that everyone involved in this case will be defended by an experienced federal lawyer. It is incredibly important to know both the federal rules and the federal sentencing guidelines when defending federal drug and firearms charges. All the defense lawyers in this case have certainly been around the block, and we feel sure they will represent their clients well.

This should be an interesting case, but our ability to cover it in this blog will be limited since we are directly involved. But I expect the Atlanta media will be following any major developments. So stayed tuned.

Posted by Page Pate | Permalink | Email This Post

Posted In: Federal Criminal Law , Firearm Offenses

Bookmark:

The Federal Bureau of Investigation announced this week that it is investigating 14 companies for their involvement in the subprime mortgage business. CNN has the story.

The companies were not named, but the companies that have been targeted certainly know it by now. As in most fraud investigations, the FBI is looking into over-valued assets and false documentation. Executives with these companies may have also been involved with insider trading (selling company stock on non-public information before the problems in their asset portfolios became obvious).

The FBI claims that they are on track to receive 60,000 reports of suspicious activity in connection with mortgage transactions, a huge jump from a few years ago.

It's no secret that Atlanta, and other parts of Georgia, have been hit hard with mortgage fraud. The real question is where to place the blame. We have represented all types of people in mortgage fraud investigations and prosecutions - from the "straw-buyers" to the closing attorneys, and everyone else in between. (See my earlier post on our appraiser client, and my earlier post on the dynamics of mortgage fraud prosecutions.)

I have often said that there would have been no fraud had the lenders not been so greedy. They were out to close as many loans as possible and it became a free-for-all. Of course people took advantage of the "no doc" loans, and the "wink, wink" advice from their brokers to fudge the paperwork. But lenders approved some pretty sorry loans, and they knew it. It should come as no surprise that many of these loans are going into default.

Writing off a bad loan is one thing, but appearing in front of a federal judge in a criminal case is a whole other ballgame. I don't know if the feds will start naming some corporate defendants in these cases, but it would be nice if they didn't always just go after the little guys.

Posted by Page Pate | Permalink | Email This Post

Posted In: Federal Criminal Law

Bookmark:

I don't have a blog category for "I can't believe he said that," but if I did, this would top the list. For reasons that are known only to him, Judge Fuller agreed to be interviewed by The New Yorker Magazine about the Brian Nichols death penalty case currently (indefinitely?) pending in Atlanta, Georgia. Just so I don't get it wrong, here's the quote:

If the case ever gets to trial, the defense will offer an even more contentious argument: that Nichols, who has pled not guilty, acted out of a “delusional compulsion” (a version of the insanity defense allowed under Georgia law). “That’s their only defense, because everyone in the world knows he did it,” Judge Fuller told me.

I'm not saying he's wrong. No sane person doubts Nichols' guilt. But the real question is why in the world would he publicly say this when the case is still pending in his court? Why did he agree to an interview at all? Didn't he put a gag order on everyone involved in the case? Doesn't that also apply to him? I really don't get it. Maybe it's an intentional move to get off the case. But why not simply recuse himself without all the fuss and delay? As much as I would like to explain his comment, or offer some insight, I just don't get it.

The Atlanta Journal Constitution helped spread the news in Atlanta, and included some additional commentary from local criminal defense lawyers in Atlanta. The consensus is that Judge Fuller's comment may violate the judicial cannon of ethics. It will certainly provide fodder to members of the Georgia General Assembly who want to get him off this case. The Assembly is currently in session in Atlanta.

I was also interviewed about Judge Fuller's comment on Atlanta's local National Public Radio affiliate, WABE FM 90.1.

I expect we will soon see another motion to recuse, but I'm not sure who will file it. His comment obviously prejudices the defense, but the D.A. has not been shy about expressing his desire to remove Fuller from this case. Perhaps we'll see a joint motion to recuse, which the judge may reluctantly grant. This may be the only time the prosecutors and defense lawyers actually agree about something in this screwed up case.

Posted by Page Pate | Permalink | Email This Post

Posted In: Federal Criminal Law

Bookmark:

It's not breaking news that there have been a lot of federal mortgage fraud prosecutions in Atlanta. One of the biggest cases is finally finishing up. Several of the last remaining defendants in the Phillip Hill case will be sentenced soon. We represented one of the appraisers in this case who agreed to cooperate with the government. His story was recently covered by Bloomberg News.

I discussed these cases in an earlier post on mortgage fraud in federal court. It's always been my opinion that the lenders share some responsibility for the fraud. Most "white collar" crimes (actually, most all crimes) are crimes of opportunity. When you have lenders throwing money around, it's not difficult to find people who will willingly take it. Especially people who are not worried about ever paying it back. It's only when the loans stopped performing that the lenders screamed "fraud!"

We have represented appraisers, mortgage brokers, real estate agents, investors and even closing attorneys in mortgage fraud cases in Georgia and several other states. There were also some "strawbuyers" who we defended. Fortunately, we kept most of them from being prosecuted because the "strawbuyers" are often just as much the victims as the lenders. The "strawbuyers" usually end up holding the bag and stuck with ridiculous mortgages they could not afford. Their savings were lost, and their credit ratings ruined.

For a while, we were handling so many of these cases and related investigations that I thought mortgage fraud was going to consume our practice. But I think we've seen the high-water mark for these cases. I don't expect to see this much mortgage fraud in the future, now that money is tighter and the lenders are finally becoming a little more diligent.

Posted by Page Pate | Permalink | Email This Post

Posted In: Federal Criminal Law

Bookmark:

Not that this is surprising news, but a "reliable" confidential drug informant pleaded guilty today in federal court in Atlanta, Georgia to lying to federal drug agents about drug deals. The Atlanta Journal Constitution has the story.

Any defense lawyer who has tried a drug case in federal court can tell you about snitches. In virtually every federal drug case (especially those involving drug conspiracy charges), the government will call informants to testify. Sometimes the informants are paid by the government, sometimes they are trying to avoid being charged by cooperating. The most common type of informant, however, is the co-defendant who has already pleaded guilty and is hoping for a reduction in his sentence pursuant to Section 5K1.1 of the federal sentencing guidelines.

Defendants who are facing time for federal drug charges have a strong motivation to do whatever the government asks them to do. It is one of only two ways to avoid a draconian mandatory minimum sentence; and it is the only way to avoid a mandatory minimum if the person already has a record.

The problem is that informants in drug cases are generally not the most credible people to begin with (most have long criminal records). When these informants are offered the chance to cut their sentence by several years for "cooperating," you often end up with some highly dubious testimony, and more often than not, some questionable convictions.

There is no way to tell how many people have been convicted based on informants who have lied. Our firm is often asked to handle federal criminal appeals where the person was convicted of federal drug charges based solely on informant and co-defendant testimony. Unfortunately, the defense lawyer who tried the case could only try to impeach the informant with his criminal record and his plea deal with the government. It is very difficult to prove that an informant is actually lying unless the defense lawyer has access to the same information the government has. But that doesn't happen in federal court.

There is some good news. I tried a federal drug case recently where the government's evidence against my client was based almost entirely on the testimony of five informants who were given deals to testify. Despite the testimony of these five witnesses, the jury did not convict my client. Several of the jurors told me afterwards that they did not believe the informants. They said they placed very little weight on their testimony because they thought the informants had a strong motivation to lie. I was pleased to hear that, and I've been told by other federal criminal lawyers that they have heard the same thing from their jurors.

But the best way to stop informants from lying is to stop rewarding them for it and start prosecuting them. Maybe the prosecution of this informant in Atlanta will be the first of many. I know there is no shortage of lying informants out there if the government wants to pursue them.

Posted by Page Pate | Permalink | Email This Post

Posted In: Drug Crimes , Federal Criminal Law

Bookmark:

Looks like we can finally close the book on this case. At least in federal court.

Yesterday, Michael Vick was sentenced to serve 23 months for his role in the dogfighting operation known as Bad Newz Kennels. ESPN and virtually every other news outlet in the U.S. covered the sentencing.

Vick and his lawyers were probably a little surprised by the length of the sentence because the judge did not go along with the original plea agreement Vick had with the government. That agreement called for a sentencing guideline range of 12 to 18 months. The judge found that Vick had not "accepted responsibility" for his conduct so he did not give Vick the 2-level reduction that would have applied. That put Vick's guideline range at 18 to 24 months, and the judge went with the higher end of that range. The minute sheet explaining the sentence was filed with the court later that day.

There is no parole in the federal system, but 23 months doesn't usually mean 23 months in custody. If Vick does his time without any problems, he should receive "good time credit" and get a 15% reduction in his sentence. That would get Vick home sometime in May 2009.

The judge said that he denied Vick credit for acceptance of responsibility because Vick made false statements about his drug use while on bond, and he minimized his role in executing some of his dogs. A judge has a lot of discretion under the sentencing guidelines in awarding credit for acceptance of responsibility. Most federal judges would have taken away acceptance of responsibility credit when Vick failed his drug test. All of the other things Vick did - apologies, early surrender, etc. did not seem to make a difference with this judge.

Of course, there's still the state indictment. I expect Vick's lawyers are now trying to resolve that case with a plea to concurrent time so that Vick will not be facing time in state custody once he is finished with his federal sentence. That may be the best his lawyers can do for him given the circumstances of this case.

Posted by Page Pate | Permalink | Email This Post

Posted In: Federal Criminal Law

Bookmark:

The U.S. Attorney's office in Atlanta indicted 88 individuals who are alleged to be connected to two major drug cartels in Mexico. According to the Atlanta Journal-Constitution, the federal government's investigation in this case, which involved law enforcement officers from 300 agencies, led to the seizure of $10 million in cash, 111 kilograms of cocaine, 17 pounds of crystal methamphetamine, and 32 weapons.

The Drug Enforcement Administration (DEA) alleges that the currency was headed back