Throughout its investigation the Commission staff sought to find police officers actually engaged in corrupt activities who could be induced to describe openly and for the record their activities and their knowledge of the patterns of corruption observed during their careers. We were informed by people experienced in police work that no police officer had ever given such information and that none ever would, even if he himself were caught in a corrupt act and were offered immunity in exchange for his testimony. The tradition of the policeman's code of silence was so strong, we were advised, that it was futile to expect such testimony from any police officer. The most that could be expected was anonymous information or, if we were extremely lucky, testimony given under oath on an anonymous basis. All of the experienced people with whom we spoke agreed that if even one police officer could be induced to give inside information based upon personal experience, the testimony would be of inestimably greater value than any other evidence the Commission might uncover.
The search for a corrupt officer who would speak frankly and openly uncovered not one but five. However, the first and potentially most productive of these proved to be too valuable to keep to ourselves. Robert Leuci was a detective who had spent eleven years on the force and who had been assigned to the elite Special Investigation Unit (SIU) of the Narcotics Division. He had met police officers Durk and Serpico in 1970 and led them to believe that he would back up their charges that SIU had not adequately pursued certain narcotics cases. In the fall of 1970 Durk arranged for meetings between Leuci and various assistant district attorneys, the State Commission of Investigation, and the staff of this Commission. In these meetings Leuci's statements were inconclusive and not susceptible to investigation. He subsequently indicated that his purpose in submitting to questioning had been to discover how much information the Commission and other agencies possessed.
In February, 1971, Leuci was again interviewed by the Commission staff, and this time he was convinced to tell all he knew about corruption in SIU and to help the Commission expose it.
Leuci told of a Narcotics Division infested with corruption. Drawing on personal experiences as well as those he observed and discussed with fellow officers, he described enormous payoffs by narcotics violators, illegal wiretaps used to facilitate shakedowns, involvement of supervisory personnel in narcotics graft, and arrangements between police officers and organized crime members which gave the latter protection from arrest and advance knowledge of legitimate investigations involving them.
Leuci worked with Commission agents for about one month and obtained a number of incriminating tape-recorded conversations with police officers. It quickly became apparent that he had incalculable value as an undercover agent. His work, if allowed to continue for as long as it was productive, could result in criminal prosecutions which might well expose a network of narcotics related corruption involving many police officers and stretching outside the Department.
However, an investigation calculated to accomplish this end would, if successful, last for many months, even years, and would require concentrating on obtaining evidence in specific cases rather than on gathering information for the purpose of identifying patterns of corruption. Because the Commission's investigation was due to end in a few months, we decided that Leuci should be turned over to law enforcement authorities with the time and manpower necessary for such an investigation.
In March, 1971, Assistant United States Attorney General Wilson and Whitney North Seymour, Jr., United States Attorney for the Southern District of New York, were apprised of Leuci's activities to date and advised that the Commission was willing to forego any use of Leuci or the information he had provided in favor of an investigation directed at criminal prosecutions. The Commission also offered to refrain from revealing or further pursuing certain investigations into narcotics and related corruption which might draw attention to Leuci, and to allow the attorney and the two agents who had been working with Leuci to devote their full time to the proposed investigation. The Commission's offer was accepted.
The following month Commissioner Murphy and First Deputy Commissioner William H. T. Smith were informed of the investigation and arrangements were made to transfer Leuci back into SIU where he could work most effectively. The Commissioner agreed to keep his knowledge of the investigation entirely confidential and to give his full assistance whenever requested to do so.
The investigation was pursued with great success by the original investigative team aided by personnel from Mr. Seymour's office and, as the scope of the investigation broadened, by agents of the Federal Bureau of Narcotics and Dangerous Drugs, and a few carefully selected police officers. By the spring of 1972 federal authorities were confident that the investigation would result in far-ranging indictments involving organized crime members, police officers, and others in the criminal justice system including even judges.
However, Detective Leuci's participation in the investigation came to an end in June, 1972, when a story printed in The New York Times precipitated a general disclosure of his activities. Six indictments have so far been returned alleging corruption on the part of four police officers, an assistant district attorney, three lawyers, a bail bondsman and a private investigator. Other indictments are anticipated, but some of the most important cases have undoubtedly been aborted by the premature disclosure of the investigation.
The Commission could not, of course, call Leuci as a witness in its public hearings since at that time he was still working as a federal undercover agent. Moreover, findings in other Commissions investigations were withheld during the hearings so as to avoid areas where the focusing of attention might threaten his undercover activities. [xii] With his exposure some of the information disclosed by Leuci and certain of the results of his undercover work can now be discussed and have been included, where relevant, in this report.
***
Corruption in narcotics law enforcement has grown in recent years to the point where high-ranking police officials acknowledge it to be the most serious problem facing the Department. In the course of its investigation, the Commission became familiar with each of the practices detailed by Chief Cawley, as well as many other corrupt patterns, including:
Keeping money and/or narcotics confiscated at the time of an arrest or raid.
Selling narcotics to addict-informants in exchange for stolen goods.
Passing on confiscated drugs to police informants for sale to addicts.
"Flaking," or planting narcotics on an arrested person in order to have evidence of a law violation.
"Padding," or adding to the quantity of narcotics found on an arrested person in order to upgrade an arrest.
Storing narcotics, needles and other drug paraphernalia in police lockers.
Illegally tapping suspects' telephones to obtain incriminating evidence to be used either in making cases against the suspects, or to blackmail them.
Purporting to guarantee freedom from police wiretaps for a monthly service charge.
Accepting money or narcotics from suspected narcotics law violators as payment for the disclosure of official information.
Accepting money for registering as police informants persons who were in fact giving no information and falsely attributing leads and arrests to them, so that their "cooperation" with the police may win them amnesty for prior misconduct.
Financing heroin transactions.
In addition to these typical patterns, the Commission learned of numerous individual instances of narcotics-related corrupt conduct on the part of police officers, such as:
Determining the purity and strength of unfamiliar drugs they had seized by giving small quantities to addict-informants to test on themselves.
Introducing potential customers to narcotics pushers.
Revealing the identity of a government informant to narcotics criminals.
Kidnapping critical witnesses at the time of trial to prevent them from testifying.
Providing armed protection for narcotics dealers.
Offering to obtain "hit men" to kill potential witnesses.
***
In 1968, allegations of irregularities in the Narcotics Division led to an investigation by the Department's Internal Affairs Division. As a result of this investigation, many members of the division, including almost the entire staff of SIU, were gradually transferred out of the Division. However, three years later, this Commission's study of narcotics-related corruption revealed that both sectors of the Narcotics Division were still pervaded by corruption. Within the past year, there has been a nearly one hundred percent turnover in Narcotics Division personnel, but as the present commander of the Division recently told the Commission, the problem of corruption remains....
In June, 1972, a dismissed plainclothesman who had been assigned to the Narcotics Division was convicted in New York County and sentenced to up to four years in prison for his part in an extortion scheme which involved six members of the Narcotics Division. According to testimony at the trial, he and two other police officers contacted a restaurant owner and demanded $6,000, threatening to arrest his daughter-in-law on a narcotics charge unless he paid them. They further threatened to send the woman's two children to a foundling home in the event of her arrest. The restaurant owner paid them what they asked.
Within a few months, the same policeman, along with some other members of the unit, again approached the man and demanded an additional $12,000. The man told them to return in a few days, and in the interim he arranged for police surveillance of the next transaction. The plainclothesman was arrested when he accepted a down payment in marked money....
They told of participation in police shakedowns of narcotics "cribs" and said that it was standard practice for an informant to find a location where drugs were being sold in large quantities, and by attempting to make a buy with a large denomination bill, to induce the seller to reveal the hiding place of his cash supply....On leaving, the informant would arrange to return later to make another buy. On his next visit, as the seller opened the door, the police would crash in behind the informant. If the police felt they could score without risk, they would take whatever money and narcotics were available and let the seller go. If the amount of money was small, they would usually arrest the seller but still keep most of the narcotics, turning in only the amount necessary to charge a felony or misdemeanor as the case might be....
The Commission learned that it was not uncommon for defense attorneys in narcotics cases to pay policemen for such favors as lying under oath and procuring confidential police and judicial records concerning their clients' cases....
Evidence uncovered by the United States Attorney's Office in Manhattan in a current investigation of bribery by heroin dealers confirms the fact that corruption in narcotics law enforcement goes beyond the Police Department and involves prosecutors, attorneys, bondsmen, and allegedly even certain judges....
one Tactical Patrol Force officer who was apparently so confident of the acceptability of bribery that he attempted to arrange for a significant narcotics violator to bribe an assistant district attorney. He later pleaded guilty to bribery and resigned from the force after having served in the Department for eighteen years....
Theoretically, police may not secretly tap a suspect's telephone without a warrant. However, since strict constitutional safeguards and a certain amount of red tape surround the procedure for obtaining a warrant, it was not uncommon for Narcotics Division detectives to monitor and record the conversations of suspects without the required court order.
Since the Police Department has no official record of a wiretap installed without a warrant, no arrest is officially expected. Thus, information obtained by means of illegal taps can be used as easily to extort money and drugs from suspects who have been overheard as to make cases against them. Two Narcotics Division detectives were recently observed by a federal undercover agent as they engineered just such a score. The detectives illegally tapped the telephone conversations of a suspect in order to determine the extent of his dealings in narcotics. They then confronted the suspect with the evidence they had against him and threatened to arrest him unless he paid them $50,000. The suspect acceded to their demand and was given his freedom. The undercover agent, a former member of the Narcotics Division, told the Commission that in his experience the case is not unique....
Most often a police officer seeking to score simply keeps for himself all or part of the money and drugs confiscated during a raid or arrest. One former member of the Narcotics Division recently assigned to other duties told the Commission that in his experience eighty to ninety percent of the members of the Narcotics Division participated in at least this type of score....
The sergeant took a black fur coat from the trunk of the car and hid it in his own, while the patrolman walked away with a stereo tape device and several tape cassettes. Other situations described by Logan indicate that theft by police of furnishings and other personal property from premises where a narcotics raid had taken place were not uncommon.
Logan testified that his PEP Squad sergeant taught him the various techniques of scoring, and that such scoring was standard police procedure among his fellow officers....
"[T]he general feeling was that the man was going to jail, was going to get what was coming to him, so why should you give him back his money and let him bail himself out. In a way we felt that he was a narcotics pusher, we knew he was a narcotics pusher, we kind of felt he didn't deserve no rights since he was selling narcotics."... "[t]he feeling is that it is his word against theirs."...
Logan testified that he began to let suspects go after he had taken their money, so that they would be less likely to complain. This practice was in keeping with the philosophy of scoring taught to Logan by his sergeant: "[W]hen you are scoring a guy, try to leave him happy. If you leave a guy happy, he won't beef, won't make a complaint against you." Logan explained in his testimony that this could be accomplished even after a large amount of money was taken from a suspect by releasing him with enough of his narcotics to get him back into business....
Another detective, assigned to a squad in Queens, had been a full partner in a narcotics wholesale enterprise, and testified at the same hearings that when he decided to join the partnership, he discussed with fellow officers the fact that at least part of his heroin supply would come from holding back large quantities of heroin from important narcotics arrests....
Narcotics retained from prior arrests are also used for "padding," that is, for adding to the quantity of narcotics found on a subsequently arrested person, thus enabling the arresting officer to upgrade the charge to a felony. It is also common to use illegally retained narcotics to "flake" a narcotics suspect, that is, to plant evidence on a person in order to make a narcotics arrest....
Waverly Logan, in his testimony before the Commission, told of an occasion when he flaked a suspect. He had arrested a suspected narcotics seller and planted four bags of narcotics on him. At the precinct house the prisoner told two narcotics detectives how the arrest had been made. One of the detectives then took Logan aside and carefully instructed him on how to write up the complaint in order to make the case stick....
one patrolman testified that padding can also be accomplished by mixing the seized narcotics with adulterants such as quinine and mannitol....
The Commission found that police officers were involved in possession and sale of narcotics in a variety of ways, including financing transactions, recruiting informants and addicts as pushers, and share-selling, where the pusher is given drugs on consignment and retains part of the proceeds as payment. In addition, the Commission found it common for police officers to use narcotics as a medium of exchange for goods and services....
The Commission was able to verify the allegations that merchandise-for-drugs transactions between police officers and addicts were commonplace....
One plainclothesman, in the middle of a narcotics-for-cigarettes transaction ordered a gasoline powered mini-bike. The informant explained that it was still daylight and that he could not conveniently and easily steal a mini-bike in Central Park until sundown. The officer indicated he didn't care about the informant's troubles in obtaining a mini-bike, he just wanted it and, emphatically, that night....
In one of these a narcotics plainclothesman gave the two Commission informants a written list specifying thirty-one quart bottles by brand name. He told them to make sure to "come through because I need them for my daughter's wedding shower." The patrolman paid for the liquor with a quantity of white powder containing heroin, starch, quinine, and mannitol....
Another similar case which resulted in the conviction of a police officer involved a young woman, the addict mother of several children, who had been arrested on information supplied by her mother and her boyfriend, who hoped she would be treated. The arresting officer, a member of the Narcotics Division, persuaded her to become an informant and continued to supply her with large quantities of narcotics. The arresting officer later introduced her to a "gangster" -- actually another member of the Narcotics Division -- and together, by threatening to harm her children, they forced her into becoming a share-seller pusher.
Eventually her boyfriend complained to the Internal Affairs Division and an arrest was made. At one point during the investigation, the patrolman kidnapped the victim and held her in captivity while trying to frighten her into refraining from testifying against him....
In the case of one police officer who was convicted for selling narcotics, it was clear from the evidence that during the period covered by the charges, from the summer of 1970 to December, 1970, he had been a wholesaler of substantial amounts of cocaine. The conviction was obtained largely through the cooperation of another arrested former policeman, who on several occasions had acted as a distributor for him. The evidence included a secretly-recorded conversation in which the defendant discussed the possible effects of his distributor's arrest on his cocaine operation, the possibility of fixing the colleague's case, and the desirability of killing the informant who was responsible for the arrest....
A former Narcotics Division detective, while a member of the force, financed a narcotics wholesale business that dealt in one-eighth kilo quantities of heroin. He obtained some of the heroin he used for resale from an underworld connection, a wholesaler in narcotics....
a narcotics wholesale ring that was responsible for the monthly distribution of 1.5 million dollars' worth of heroin, revealed that a New York City patrolman provided armed protection as the ring made its deliveries....
Members of the Narcotics Division have helped known narcotic violators win amnesty or leniency from district attorneys' offices by fraudulently registering them as police informants and attributing arrests and leads from other sources to these "informants" on official Department records....
Captain McGowan testified, "that a member of our Narcotics Bureau learned the identity of an East Harlem character who was an informant for the Federal Narcotics Bureau and the allegation was that he passed this information on to the organized crime people in that area, that the informant was subsequently taken upstate and murdered, and the detective was paid $5,000."...
it is unfair of some City residents to assume that the existence anywhere of conspicuous narcotics trading proves that policemen are either directly involved or are being paid to close their eyes to the illegal activity. Very often, it is not police corruption, but the overcrowding of the courts and the penal system, and the difficult standard of proof required to convict an arrested suspect that are to blame for the apparent non-enforcement of narcotics laws....
When a police officer keeps for himself a portion of confiscated narcotics he is not always acting from corrupt motives. The Department's practice in the past of not providing money to pay informants, who usually are addicts themselves, created great pressure on police officers to use seized narcotics to pay for information.
***
The Commission found that payments to the police by contractors and subcontractors were the rule rather than exceptions and constituted a major source of graft to the uniformed police. It must be noted that policemen were not alone in receiving payoffs from contractors. Much larger payoffs were made to inspectors and permit-granting personnel from other agencies....
Corruption is a fact of life in the construction industry. In addition to extensive payoffs contractors make to police and others in regulatory agencies, there is evidence of considerable corruption within the industry itself. Contractors have been known to pay owners' agents to get an inside track on upcoming jobs; subcontractors pay contractors' purchasing agents to receive projects or to get information helpful in competitive bidding; sub-subcontractors pay subcontractors; dump-truck drivers exact a per-load payment for taking out extra loads they don't report to their bosses; and hoist engineers get money from various subcontractors to insure that materials are lifted to high floors without loss or damage. In this climate, it is only natural that contractors also pay the police....
the responsibility for inspecting certain permits and enforcing the ordinances outlined above lies with the police. The police officers charged with this responsibility have always been faced with a particularly tempting opportunity for corruption....
In a small job like the renovation of a brownstone, the general contractor was likely to pay the police between $50 and $150 a month, and the fee ascended sharply for larger jobs. An excavator on a small job paid $50 to $100 a week for the duration of excavation to avoid summonses for dirt spillage, flying dust, double-parked dump trucks, or for running vehicles over the sidewalk without a permit. A concrete company pouring a foundation paid another $50 to $100 a week to avoid summonses for double-parking its trucks or for running them across a sidewalk without a curb cut. (Concrete contractors are especially vulnerable, as it is essential that foundation-pouring be carried on continuously. This means that one or more trucks must be kept standing by while one is actually pouring.) Steel erectors paid a weekly fee to keep steel delivery trucks standing by; masons paid; the crane company paid. In addition, all construction sites were approached by police for contributions at Christmas, and a significant number paid extra for additional police patrols in the hope of obtaining protection from vandalism of building materials and equipment....
A promising method of curtailing construction graft which the Department has yet to use on a broad scale, would be a campaign to arrest contractors who offer bribes to policemen. The recent use in the Bronx of police undercover agents posing as regular policemen has led to the arrests of such would-be bribers.
***
payoffs from bars licensed by the state to sell liquor, along with those from construction firms, were the most common source of illegal outside income to uniformed policemen, and that unlicensed premises, operating completely outside the law, were paying substantial amounts to plainclothesmen and detectives. Like the construction industry, the business of selling liquor by the drink is governed by a complex system of state and local laws, infractions of which can lead to criminal penalties, as well as suspension or loss of license. Thus licensees are highly vulnerable to police shakedowns.....
virtually all bars were found to provide free food and drinks to policemen and also made Christmas and vacation payments to police. In addition, investigators found that many bars doing a substantial volume of business customarily made regular biweekly or monthly payments to the police. During the Commission's investigation such payments were usually initiated by the sector patrol sergeant who, bar owners said, would pay a visit to the premises and point out various violations or suggest that he could always flush the soap down the toilet and write out a summons for "no soap in the men's room."...
In one bar, Commission investigators were mistaken for detectives, and the owner told them, in a tape-recorded conversation, that he had recently paid the precinct captain. As a result of that incident the precinct captain, now a deputy inspector, has been brought up on departmental charges of unlawfully accepting $300 and then attempting to persuade the bar owner not to testify against him....
Behavior of supervising patrol sergeants in the Nineteenth, who were responsible for licensed premises inspections, was consistent with a pattern of biweekly and monthly payoffs to them by bar owners. Duty schedules in the precinct were arranged so that the three sergeants who were alleged to act as bagmen were always assigned to different shifts. They turned out to be a bar-hopping lot. The sheer volume of their visits to bars was out of all proportion to law-enforcement problems posed by licensed premises.
The most glaring example was one sergeant who invariably showed up in one bar or another ten minutes after going on duty and ordered a V.O. on the rocks, then proceeded to go from bar to bar for the rest of his tour....
In some cases, uniformed police officers shook down afterhours clubs. One owner of such an establishment told the Commission the following story, which was later corroborated by another source. Shortly after his bar opened, the local precinct captain paid a visit and asked the owner if he was running an after-hours bar. The owner admitted he was, whereupon the captain produced a neatly typed list of payments the owner was to make to the police for the privilege of operating. Listed were captains, lieutenants, sergeants, and sector car patrolmen, with the amount to be paid to each....
The Commission concluded during its investigation that the interests of both the police and the public would best be served by divesting the Police Department of responsibility for enforcing these laws except in response to specific complaints....Any corruption which may exist in such agencies is a lesser evil than corruption among policemen.
***
One group of stores most vulnerable to police who threaten to issue summonses for violations of the Sabbath Law were delicatessens and bodegas, which are seven-day-a-week Spanish grocery stores. Bodegas were doubly vulnerable, since their proprietors frequently do not speak English fluently, were unfamiliar with the maze of provisions in the Sabbath Law, and were unlikely to know where to go to complain about shakedowns. Every Sunday, the Commission found that many delicatessen and bodega owners paid police from $2 to $10, or the equivalent in merchandise -- usually cigarettes, cold cuts, canned goods, or six-packs of beer. In effect, these payoffs amounted to a license to stay open on Sunday. Proprietors who were unwilling to pay were plagued with numerous summonses for violations of the Sabbath Law and sometimes even for unrelated violations.
***
Although the Commission felt traffic payments were but a minor part of police corruption and chose not to devote any sizable investigative effort to the matter, it received a flood of complaints from citizens indicating that traffic payoffs are a subject of wide interest. And the staggering number of illegally-parked cars passed over by policemen issuing summonses bears silent witness to the prevalence of selective enforcement....
An employee of one major trucking firm, which did not payoff the police, told the Commission that his company paid between $48,000 and $60,000 a year in parking fines. By way of contrast, a Commission informant reported that another company, a large air freight concern, paid the police $15,000 a year -- a staggering amount, but a substantial saving over the amount paid in fines by the other trucking company....
The owner of a chain of six parking garages near Madison Square Garden told a Commission consultant that he had been paying the police $100 per garage per week -- a total of $600 a week -- until the Commission's public hearings began. At that point, he said the police raised the price to $800 a week on the grounds that it had become more dangerous for them to overlook violations....
Two policemen in a radio car stopped a motorist who had just made a U-turn and told him that they would overlook the violation if he "showed his appreciation."...
As for payments to police officers for overlooking moving violations, the Commission feels that motorists are often the instigators of such bribes and should be arrested. If the Department vigorously pursues its policy of arresting those who offer money to police officers, the practice will be much diminished.
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THE KNAPP COMMISSION REPORT ON POLICE CORRUPTION: COMMISSION TO INVESTIGATE ALLEGATIONS OF POLICE CORRUPTION AND THE CITY'S ANTI-CORRUPTION PROCEDURES