Doe v. United States

48 Fed. Cl. 495, 2000 U.S. Claims LEXIS 261, 2000 WL 1923396
United States Court of Federal Claims·Decided November 15, 2000·No. No. 99-188C·Published·Cited by 19 cases

Opinion

OPINION

HORN, Judge.

This case comes before the court on the defendant’s motion for summary judgment, pursuant to Rule 56(c) of the Rules of the United States Court of Federal Claims [497]*497(RCFC). The defendant contends that the court should grant summary judgment in favor of the defendant because there are no genuine issues of material fact in dispute, and the defendant is entitled to judgment as a matter of law based on the absence of an enforceable contract. The plaintiff brings this action against the defendant for breach of contract, and for failure to compensate him, allegedly for in excess of $600,000.00, for services he rendered in three separate investigations, pursuant to a Drug Enforcement Administration (DEA) Cooperation Agreement, DEA Form 473, which the plaintiff signed on June 10, 1998. The plaintiff claims that the June 10, 1998 Cooperation Agreement is an enforceable contract that entitles him to compensation for his services. The defendant does not dispute the existence of the June 10,1998 Cooperation Agreement, but argues that the Cooperation Agreement is not an enforceable contract, as “none of the agents with whom [the plaintiff] had contact were contracting officers, possessed contracting authority, or have ever been delegated authority to enter into contracts upon behalf of the United States.” The defendant makes a similar absence of authority argument regarding possible ratification of the Cooperation Agreement. The defendant also asserts that under the terms of the Cooperation Agreement, “the DEA has complete discretion regarding whether to compensate Mr. Doe for his services as a confidential informant.”

FINDINGS OF FACT

According to the defendant, private citizens referred to as “confidential informants” are used by DEA to supply information or provide assistance in DEA investigations. Confidential informants can receive monetary compensation under two different schemes. Confidential informants can be paid from a general appropriations fund available for that purpose, or can receive an award from the Asset Forfeiture Fund administered by the Attorney General, pursuant to 28 U.S.C. § 524(c)(2) (1998).2

With respect to payments from the general appropriations fund, according to section 6612.61(D) of DEA Agent’s Manual A,3 payments less than_may be approved by the immediate supervisor of a field agent; payments between _and_may only be approved by an authorized senior field manager, GS-1811-15, or higher; and a single payment in excess of_requires the additional approval of the Special Agent in Charge or Country Attache, and the Chief of Domestic Operations or the Chief of International Operations, as appropriate. Similarly, with respect to payments from the general appropriations fund, according to section 6612.43(B) of DEA Agent’s Manual B, the Special Agent in Charge or Country Attache is authorized to approve payments up to __Payments beyond_from the general appropriations fund must be approved by the Deputy Assistant Administrator for Operations.

[498]*498With respect to payments from the Asset Forfeiture Fund, Section 6612.67(1) of DEA Agent’s Manual A, states as follows:

CSs [Confidential Sources] have no inherent “entitlement” to receive payment from the AFF [Asset Forfeiture Fund], regardless of the extent of, or fruits of their cooperation. The final decision as to whether and how much to pay a CS from the AFF rests with Headquarters, and will depend on the availability of funds at the time the application is processed, as well as other factors.

Similarly, Section 6612.44(C)(2) of DEA Agent’s Manual B, concerning payments from the Asset Forfeiture Fund, states: “Offices must not promise any awards in any amount to an individual. The statutory authority [28 U.S.C. § 524(c) ] provides that the payment of such awards is purely discretionary.” Moreover, according to DEA Agent’s Manual B, the authority to grant4 an award of less than_from the Asset Forfeiture Fund was delegated to and was within the discretion of the Deputy Assistant Administrator for Operations of DEA. Pursuant to 28 U.S.C. § 524(e)(2), the authority to approve an Asset Forfeiture Fund award of $250,000.00 or more was delegated by the Attorney General only to the DEA Administrator, and could not be redelegated.

The plaintiff signed a first Cooperation Agreement on April 2, 1997. A Cooperation Agreement, DEA Form 473, is a form that outlines the conditions confidential informants agree to follow when furnishing information and assistance to the DEA. DEA Special Agents Noel Daño and John Moring witnessed the plaintiffs signature on the first Cooperation Agreement by signing their names under the words: “witnessed by.” The plaintiff was a confidential informant for DEA under this Cooperation Agreement until his deactivation on January 15, 1998. A DEA Report of Investigation signed by DEA Special Agent Jill Ceren states that the plaintiff was deactivated due to lack of any new intelligence or investigations.

On June 10, 1998, however, the plaintiff signed a second Cooperation Agreement, similar to the first agreement described above, as a confidential informant for DEA. DEA Special Agents Jesse Garcia and Jill Ceren witnessed the plaintiffs signature on the June 10, 1998 Cooperation Agreement by signing their names under the words: “witnessed by.” In pertinent part, paragraph 8 of the June 10, 1998 Cooperation Agreement states: “The amount of any payments paid to me by DEA for my cooperation shall be at the discretion of DEA, and no sum certain can be guaranteed by any officer or employee thereof.” During the period covered by the June 10, 1998 Cooperation Agreement, the plaintiff participated in the criminal investigations of Gerardo Tejeda-Robledo, Ricardo Ramos, and Alberto Nunez.

The plaintiff claims that he is owed in excess of $600,000.00 for his participation in these three investigations. In deposition testimony, he described the monies owed to him as “between 10 and 25 percent of moneys, dope, people and property seized, automobiles seized____ [T]hey didn’t give me a specific number, they just told me it would be anywhere from 10 to 25 percent of everything added up.”5 The plaintiff claims that DEA Special Agents Jesse Garcia and Rich Dobrieh made promises to him which entitle him to payment for his services as a confidential informant. The plaintiff also claims that the June 10, 1998 Cooperation Agreement is an enforceable contract “because it tells me what I can and can’t do.” The plaintiff concedes that he had no agreement of any kind with any DEA representative [499]*499outside of the DEA field office in El Paso, Texas.

In connection with the Gerardo Tejeda-Robledo criminal investigation, the plaintiff provided information to DEA which led to the arrest of Gerardo Tejeda-Robledo on November 12, 1998, the seizure of approximately 76 pounds of amphetamine, and the seizure of approximately $1,216,920.00 of illicit cash. Gerardo Tejeda-Robledo also paid the plaintiff $6,000.00 in transportation fees, which the plaintiff turned over to the DEA.

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Doe v. United States, 48 Fed. Cl. 495, 2000 U.S. Claims LEXIS 261, 2000 WL 1923396 (uscfc 2000).

48 Fed. Cl. 495 (Doe v. United States) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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