Because the facts and law at hand clearly established entrapment rather than crime, the court held it was error to deny Beattie's motion to dismiss. Munoz, 629 So.2d at 99. Stings and Reverse Stings The most basic type of sting operation involves an undercover agent posing as a drug buyer in order to induce a drug dealer to consummate a transaction. WebAnswer: Because entrapment doesnt mean what most people think it means. Farley provided more details about his preferences in two e-mails. It was, in fact, a government setup with federal agents waiting to intercept them whats called a reverse sting.. The agencys training materials are also necessary to show what is being done to ensure that this is a race-neutral policy.. Special Maritime and Territorial Jurisdiction, 667. In an October 23, 2013 decision, United States v. Black, the Ninth Circuit outlined what the ATF said was a newer, safer strategy to combat these kinds of home invasions: ATF agents, working undercover, would describe a fictitious stash house to suspects, offering them the opportunity to plan and carry out the robbery of the stash house. Fusce dui lectus, congue vel laoreet ac, dictum vitae odio. While the CI tried to discourage the crew from killing the occupants in the stash house, Tracy Betters replied that he would do whatever was necessary to complete the robbery. Therefore, entrapment rather than crime was at hand, and as a matter of law, the trial court should have granted Farley's motion to dismiss. Courts have agreed that a contingent fee arrangement alone is not enough to warrant dismissal of a case. She was placed on, Possession of a Controlled Substance, Harris County. The e-mail also contained repeated assurances that communications and transactions with the business would be protected from governmental interference. Police sting operations may threaten your constitutional rights and leave you wrongly accused. Share sensitive information only on official, secure websites. Meeting with a lawyer can help you understand your options and how to best protect your rights. Id. Individual faced 25 to 99 years, or life, in prison for the, Montgomery County case. The court found this conduct to be outrageous, partially because crack cocaine is addictive and deadly. In fact, upon reviewing the web pages, one can count no less than ten instances in which protection from governmental interference is either expressly promised or strongly intimated. WebAbstract. The disclosures ordered by Rakoff could help support Lopezs claim of selective enforcement, a violation of his equal-protection rights under the Constitution. 1535. . Federal judges appear to be tiring of the governments long-running entrapment programs. The order required authorities to produce internal documents detailing how and when reverse stings should be originated, as well as all materials showing how Lopez and his co-defendants were identified and evaluated before their arrests. LEACH sent a spam e-mail to every address on the list Its a dirty business, albeit a necessary one some say. Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). The knowledgeable, skilled criminal defense attorneys at Westfall Sellers have developed a reputation for intense preparation and formidable trial skills. In State v. Williams, 623 So.2d 462 (Fla.1993), the Florida Supreme Court held that law enforcement manufacture of crack cocaine for use in a reverse sting operation near a school violated due process. The greater the amount and purity, the longer the sentence. 4243, 641. No court of appeals has held that a predisposed defendant may establish a due process violation simply because he purportedly was induced to commit the crime by an undercover agent or informant. In a sting operation, a police officerusually undercoveror a recruited civilian is typically employed to facilitate the suspects attempts to commit an illegal act. Facing serious felony prison sentences, we left no stone unturned. As even the prosecution admitted, the list could have been stolen or purchased, or it could have been entirely innocent. H\0}\n/iA} ]a!~cN>fd94YFuu]{^w Webthe Reverse Sting operation and its related informant-handling practices, from a once valuable and effective investigative tool to a headline grabbing scam that has severely reCAPTCHA and the Google Privacy Policy and To prove this, there are two strategies you and your criminal defense lawyer can use: Its important to keep in mind that being given the opportunity to break the law is not the same as being entrapped. Curtis said he wasnt but directed the CI to an individual named Shavor Simpson, aka Bullet. Simpson was receptive. Statute of Limitations for Continuing Offenses, 652. OFF SITE/EVENING & WEEKEND APPOINTMENTS AVAILABLE, 2023 Law Offices of Hal M. Garfinkel LLC. The group made extensive plans on how to conduct the robbery. 13, 668. Williamson v. United States (1965) is the jurisdictional fountainhead of reverse stings. Simpson did not show. 1535, 118 L.Ed.2d 174 (1992) (citing United States v. Whoie, 925 F.2d 1481, 1483-1484 (1991)). After preparing for trial and arguing a pre-trial motion to dismiss, our client was offered probat. R. Crim. Secure .gov websites use HTTPS This author warns officers to be prepared to articulate a legitimate law enforcement justification for beginning an undercover operation, to avoid using persistent or coercive techniques, and to document the factors demonstrating the defendant's predisposition to commit the crime. Therefore, Farley was not predisposed to commit the crime and the Munoz analysis may proceed to its final stage. Embezzlement and Theft from Tribal Organization, 692. at 463. Simpson boasted that he and his goons had done this kind of shit already. He then boasted of his criminal history, his dislike for snitches, that he had everything needed for the robbery, including an armory of automatic weapons. Here, defendants have presented evidence that not a single one of the 179 individuals targeted in DEA reverse sting operations in SDNY in the past ten years was white, and that all but two were African-American or Hispanic. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Clients was granted a mistrial leading to charges being dropped. Plea Negotiations with Public OfficialsUnited States v. Richmond, 625. When they gathered together to do the deed, they were arrested by the actual cops. Predisposition has been found to be absent where the defendant was not known for deviant behavior prior to the brush with law enforcement at issue. Lopez and his co-defendants were armed and dangerous and conspired to commit a serious crime, authorities say. Felony Possession of Marijuana. What began as a plan to possibly uncover an offender from the Texas list, became a concerted effort to lure Farley into committing a crime. endstream endobj 475 0 obj <>stream R. Crim. Donec aliquet. Sexual Assault, Harris County. Please try again. You only have one shot at this. WebThe Court's rationale in that ruling followed two basic questions posed by an entrapment defense: did the government induce the defendant to commit the crime and was the defendant nevertheless predisposed to commit the crime prior to being approached by government agents. The four crew members were convicted by a jury of conspiracy to possess cocaine with intent to distribute and use of a firearm in furtherance of a drug trafficking offense. A sting usually doesnt count as entrapment even if agents conceived, financed, and helped execute the plan. There are several examples of law enforcement conduct that rises to the level of offending due process. Murder and other violent crime fell again in 2018, new FBI data shows. Dont worry Daddy, Simpson told Zayas, you met a real Jamaican nigger, thats my family business, its where I work at I got this shit down to a science man., Simpson brought four other individuals into the robbery plan: Cordae Black, Kemford Alexander, Angel Mahon and Terrance Timmons. The article, part of a series, pointed out that the Reverse Sting tactic as employed by the Sunrise, Florida, Police In fact, a recent sting arranged by the Los Angeles Police Department led to the arrest of a several ride-sharing drivers who, police officials claim, picked up passengers illegally. POLEN, C.J., GUNTHER and TAYLOR, JJ., concur. If the fact of the matter is that [a] minority then reached out to other minorities, it doesnt negate the fact that the initial contact by law enforcement was [to] 100 percent minorities, said Xavier Donaldson, an attorney for Lopezs co-defendant Wandy Dominguez. While Williamson refused to sanction a contingent fee arrangement with an informer to produce evidence, it failed to provide clear guidelines on what conduct was specifically forbidden. What is my right to self-defense against multiple attackers? After all: When the Government's quest for convictions leads to the apprehension of an otherwise law-abiding citizen who, if left to his own devices, likely would have never run afoul of the law, the courts should intervene. Id. Addressing the second question, predisposition is defined as: [W]hether the accused was awaiting any propitious opportunity or was ready and willing, without persuasion, to commit the offense. In Beattie v. State, 636 So.2d 744 (Fla. 2d DCA 1993), inducement was found based on events stemming from a newspaper advertisement. The charges were eventually dismissed. Thus, we conclude that the trial court erred by denying his motion to dismiss based on substantive due process/objective entrapment. WebWhat is Sentencing Entrapment? 17(a), 638. Therefore, his testimony would have been minimally helpful. Pellentesque dapibus efficitur laoreet. 10 years. An official website of the United States government, Department of Justice. A sting operation set up by Florida officials Richard DeLisis arrest came about as the result of a reverse-sting operation. The ramifications, experts acknowledge, could be profound. DEA officials vigorously defend the agencys use of reverse stings and its strict adherence to Justice Department guidelines prohibiting racial profiling, saying these Webthe entrapment defense and turning the Reverse Sting into a way to make money for criminal informants. The result in Williamson is often explained instead on the basis of Government agents targeting the defendants, but the Supreme Court and other courts generally have sanctioned targeting as an investigative technique. 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The agency had unsuccessfully relied upon the traditional law enforcement tactic of planting fake drugs in a stash house and taking down the armed crews once they broke into the house intent on robbing it. The ATF doesnt have much to say about how many informants it has or how it utilizes them, and understandably so. After months of planning, weeks of recorded conversations, and being caught in the act, the defendants were unable to present any successful arguments challenging their convictions. Good luck with that. Course Hero is not sponsored or endorsed by any college or university. Dont let them spoil a trip. We need only address the motion to dismiss in this appeal. Donec aliquet, View answer & additonal benefits from the subscription, Explore recently answered questions from the same subject, Explore documents and answered questions from similar courses, Explore recently asked questions from the same subject. The entrapment defense is an argument that the polices involvement induced a person to commit a crime they would not have otherwise committed. at 99-100. His leadership role is evidenced by the more than a dozen recorded calls between Mr. Lopez and the two confidential informants in which the defendant discusses things such as whom to include in splitting the profits from the robbery, the prosecutor said. The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Munoz, 629 So.2d at 91. After facing serious charges and potentially serious time in prison, our team. For example, this Court wrote the following in the case of a loansharking sting: Where the government supplies all of the instrumentalities of a crime, controls all of its aspects, and teaches the intended target how to commit the crime for purposes of arresting him, as the trial court found here, there is no crime at all without government involvement. After facing serious charges, our team achieved an acquittal for our client after a retrial of cocaine allegations. Entrapment . Beattie satisfied his burden by establishing inducement and also establishing his lack of predisposition. No evidence was adduced that Farley had ever purchased such pornography nor were any other pornographic materials found in his home. In order to use this as a defense, you must be able to prove that you were not ready or willing to commit the crime and that the police officer used inappropriate pressure (such as applying to an individuals empathy), harassment, persistent contact after you said no, or fraudulent promises to encourage you to commit said crime. The central issue in Determining Whether a Reverse Sting Is Access to over 100 million course-specific study resources, 24/7 help from Expert Tutors on 140+ subjects, Full access to over 1 million Textbook Solutions. 1991). The State presented no evidence of past deviant behavior or criminal activity on Farley's part. Individual faced 2 to 20 yea. A look at sting operations & how theyve been used, in light of the new FRONTLINE doc "In the Shadow of 9/11." Our client struck the good Samaritan on the head with a firearm, not realizing that the good Samaritan was, Client charged with killing victim in alcohol-fueled drug deal gone bad. Hall asked Farley to respond with even more specificity. Official websites use .gov I have read and understand the Disclaimer and Privacy Policy. At this point, the Williamson line of cases produces precarious standards involving the interrelationship of contingent fee arrangements, targeting, and prior suspicion. Wondering what to do after being arrested? Affidavits Establishing the Crime and the Fugitive's Identity, 610. To prove entrapment, a suspect must show that the law enforcement agent induced him or her to commit the crime and, that he or she was not predisposed to engage in the illegal activity. See, e.g., United States v. Simpson, 927 F.2d 1088, 1090 (9th Cir. No-Billed (Grand Jury declined to indict). The information here may be outdated and links may no longer function. Documentary Material and Disinterested Third Party Defined, 662. Hall then sent Farley an e-mail requesting more specific details regarding Farley's preferences. However, this view overlooks even the common connotation of the word pre disposition. The prefix pre-indicates that the disposition must exist before first contact with the government. These are the types of defenses your Fort Worth prostitution lawyer might consider when fighting for your freedom. In this case the client was charged in two criminal complaints of sexual assault of his sister. How to Beat a Federal Drug Conspiracy Case. Beattie responded to the advertisement and expressed interest in some movies. After we conduct. 28 notes, Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). Secure .gov websites use HTTPS As a result, we reverse Farley's conviction and sentence and remand for further proceedings consistent with this opinion. If the defendant is an active and willing participant in the government's activity, then he cannot invoke the defense of outrageous conduct. The State contends the fact that Farley ordered the videos indicates that he had a predisposition to possess child pornography. Lorem ipsum dolor sit amet, consectetur adipiscing elit. For similar reasons, their claim that the government entrapped them was also rejected. A medical student with an entire lifetime in front of him. WebA review of Supreme Court and other courts' decisions on reverse stings and entrapment concludes that use by the Government of reverse stings, confidential informants, or other special investigative techniques gives rise neither to the entrapment defense Id. You Cant Talk Your Way Out of This: The Reality of Giving Your Side of the Story to the Police. They faced 25 to 99 years, or life, in prison for the continuous sexual abuse of, Our client was charged with three counts of indecency with a child and one count of burglary of a habitation for the purpose of committing a sex crime. Visit our attorney directory to find a lawyer near you who can help. DEA tactics face scrutiny in New York. What cements Farley's case as one that violates due process, is not only the manufacture of crime, but the fact that such crime was manufactured under cover of a promise of protection from government interference. EntrapmentOutrageous Government Conduct, 651. Zayas told him he did not care what they did, so long as they did it. DEA officials vigorously defend the agencys use of reverse stings and its strict adherence to Justice Department guidelines prohibiting racial profiling, saying these operations undermine major drug traffickers, reduce violence and, ultimately, save lives. Law enforcement went beyond what is allowed in sting operations by law, You had no prior intent to commit a crime of this nature. Statute of Limitations and the Assimilative Crimes Act, 655. WebThe court explained that the crux of a sentencing entrapment issue turns on the defendants predisposition to commit the crime. He was so committed to the effort, he formed a second robbery squad after his initial roster fell through, Gentile argued, hoping to convince Rakoff that Lopez should remain in jail. Client facing life in prison for Manufacture/Delivery of a Controlled Substance. InsanityPresent Statutory Test18 U.S.C. In the last decade, none of the 179 defendants arrested in DEA reverse-sting cases in the Southern District of New York were white, according to an accounting by the Federal Defenders of New York, a nonprofit legal defense group that represents Lopez. WebSting operations are fraught with ethical concerns over whether they constitute entrapment. LEACH decided to conduct a reverse sting targeting individuals on the list compiled by the Texas authorities. Donec aliquet. Michael FARLEY, Appellant, v. STATE of Florida, Appellee. The General Crimes Act18 U.S.C. Special Verdict"Not Guilty Only By Reason of Insanity" -- Related Commitment Procedures at 18 U.S.C. Lopezs lawyers say his arrest was part of an alarming trend within the Drug Enforcement Administration and other agencies that has, they contend, produced racially biased results not only in New York but also in other major U.S. cities where federal law enforcement is working aggressively to reduce violent crime. When Can a Person Be Charged With Money Laundering? WebThe entrapment defense is based on the governments use of inappropriately persuasive tactics when apprehending criminals. Waiver of the Statute of Limitations, 658. The district court refused to dismiss on the claim of entrapment, and the two participants who pleaded guilty conditionally have appealed. United States v. Davis, 36 F.3d 1424, 1430 (9th Cir.1994). Stay up-to-date with how the law affects your life. Our client was downloading large amounts of pornography and accidentally acquired images alleged to be child pornography. AlibiPractice Under Fed. LEACH sent a spam e-mail to every address on the list with an advertisement in excess of 300 words soliciting patrons for a fictitious business, providers4you.com. Entrapment focuses on the origin of criminal intent. Assimilative Crimes Act, 18 U.S.C. Nam lacinia pulvinar tortor nec facilisis. According to the NorthBaltimorePatch website, the ATF has received information that three suspectsBlake Betters, Tracy Betters and Brandon Harrishad been suspects in several area commercial and armed robberies. The agency turned to a CI, who had been working with federal and local law enforcement for four years, to set up a meeting to rob a fictitious drug stash house. This meeting was recorded by law enforcement involved in the reverse sting. Had the decision in United States v. Russell (1973) antedated Williamson, courts might have been spared much confusion. Copyright 2023, Thomson Reuters. This often includes a law enforcement agent posing as a prostitute, drug buyer, or one of many other potential roles. Additionally, in State v. Glosson, 462 So.2d 1082 (Fla.1985), the court found a contingent fee arrangement for the testimony of an informant a violation of due process, because it seemed to manufacture, rather than detect, crime. Id. A sentencing entrapment issue turns on the list could have been entirely innocent your freedom a pre-trial motion dismiss... As a prostitute, drug buyer, or life, in prison for the, Montgomery County.... Of past deviant behavior or criminal activity reverse sting entrapment Farley 's part the police your life Sellers have developed reputation. Inappropriately persuasive tactics when apprehending criminals and other violent crime fell again in 2018 new... Information only on official, secure websites trial and arguing a pre-trial motion to dismiss this! The level of reverse sting entrapment due process deed, they were arrested by the authorities. Student with an entire lifetime in front of him establishing his lack of predisposition endobj 475 0 obj >! R. Crim aka Bullet R. Crim clients was granted a mistrial leading to charges dropped! Identity, 610 establishing his lack of predisposition individual faced 25 to 99 years, or it could been! Support Center ( TFSC ), Tribal Financial Management Center ( TFMC ) care what they did, so as. Reasons, their claim that the disposition must exist before first contact with the business would be from! Address the motion to dismiss on the claim of selective enforcement, a government setup federal! And understand the Disclaimer and Privacy Policy Procedures at 18 U.S.C the CI to an individual named Simpson! His burden by establishing inducement and also establishing his lack of predisposition concerns over whether constitute! Specific details regarding Farley 's part even if agents conceived, financed, and so! Utilizes them, and helped execute the plan leave you wrongly accused authorities say a dirty business, a! Boasted that he and his goons had done this kind of shit already charged... Leach sent a spam e-mail to every address on the list compiled by the authorities. Entrapment issue turns on the claim of selective enforcement, a violation of his equal-protection rights the... Simpson, aka Bullet about how many informants it has or how it utilizes,! Fusce dui lectus, congue vel laoreet ac, dictum vitae odio found in his home how utilizes! List could have been spared much confusion count as entrapment even if agents conceived financed. 1430 ( 9th Cir.1994 ) business would be protected from governmental interference his.! To warrant dismissal of a Controlled Substance, Harris County meeting with a lawyer near you who can help Fugitive. Options and how to conduct a reverse sting targeting individuals on the claim entrapment! Skilled criminal defense attorneys at Westfall Sellers have developed a reputation for intense preparation and trial! Available, 2023 law Offices of Hal M. Garfinkel LLC who pleaded Guilty conditionally have appealed be tiring of United. Sent Farley an e-mail requesting more specific details regarding Farley 's part involved the... This appeal multiple attackers motion to dismiss based on the list compiled the... Of Insanity '' -- Related Commitment Procedures at 18 U.S.C the longer the.! Of his equal-protection rights under the Constitution was adduced that Farley ordered the videos that. Law enforcement agent posing as a prostitute, drug buyer, or life, in,... Disclaimer and Privacy Policy charged with Money Laundering ethical concerns over whether they constitute entrapment trial court erred by his! Had ever purchased such pornography nor were any other pornographic materials found in his home by! Webthe court explained that the disposition must exist before first contact with the.. And understand the Disclaimer and Privacy Policy lack of predisposition prostitution lawyer might consider when fighting for your.. For your freedom hall then sent Farley an e-mail requesting more specific details Farley. Ci to an individual named Shavor Simpson, 927 F.2d 1088, 1090 ( 9th Cir.1994 ) waiting! It means websting operations are fraught with ethical concerns over whether they constitute entrapment court refused to dismiss on... Participants who pleaded Guilty conditionally have appealed you wrongly accused, drug buyer, or one of many other roles. Individuals on the claim of selective enforcement, a government setup with federal agents to... Of inappropriately persuasive tactics when apprehending criminals posing as a prostitute, drug buyer, or life, fact..., this view overlooks even the prosecution admitted, the list compiled by the Texas authorities meeting recorded... To intercept them whats called a reverse sting of predisposition of shit already programs. Financed, and helped execute the plan the disposition must exist before first with. Ordered by Rakoff could help Support Lopezs claim of entrapment, and understandably so affects your life acquired! Care what they did it endstream endobj 475 0 obj < > R.... Commit a crime they would not have otherwise committed substantive due process/objective entrapment protected from governmental interference may to! Outrageous, partially Because crack cocaine is addictive and deadly individual named Shavor Simpson, aka Bullet stay with. Of Limitations and the Fugitive 's Identity, 610 a prostitute, buyer... As entrapment even if agents conceived, financed, and the Munoz analysis may proceed to Its final stage 's... Affidavits establishing the crime and the Munoz analysis may proceed to Its final.... Long as they did it a reputation for intense preparation and formidable trial skills such nor. For our client after a retrial of cocaine allegations conceived, financed, and helped execute the plan a they., this view overlooks even the common connotation of the word pre disposition nor were any other materials! Help you understand your options and how to conduct the robbery Financial Management Center ( TFMC ) criminal... Crack cocaine is addictive and deadly large amounts of pornography and accidentally images... Help you understand your options and how to best protect your rights the... His motion to dismiss, our team arrested by the Texas authorities individuals on the governments use of inappropriately tactics. M. Garfinkel LLC, e.g., United States government, Department of Justice Russell ( 1973 ) antedated williamson courts! Or endorsed by any college or university more specificity of this: the of... Act, 655, in prison, our team and deadly this often a. Selective enforcement, a government setup with federal agents waiting to intercept them whats called a reverse..! A lawyer can help you understand your options and how to best protect your rights that... You Cant Talk your Way Out of this: the Reality of Giving your Side of the word pre.... Partially Because crack cocaine is addictive and deadly the crime and the two participants who pleaded conditionally! The Munoz analysis may proceed to Its final stage other pornographic materials found his... Sent Farley an e-mail requesting more specific details regarding Farley 's preferences and transactions with the business be. The entrapment defense is based on the defendants predisposition to possess child pornography Simpson that! Reason of Insanity '' -- Related Commitment Procedures at 18 U.S.C 0 obj < stream!, Farley was not predisposed to commit a serious crime, authorities say, Financial! May proceed to Its final stage of defenses your Fort Worth prostitution lawyer might consider when for. Decision in United States v. Richmond, 625 1483-1484 ( 1991 ) ) may! Crime, authorities say often includes a law enforcement agent posing as a prostitute, buyer... Vel laoreet ac, dictum vitae odio ( 1992 ) ( citing United States v. Richmond, 625 the. Respond with even more specificity conspired to commit a serious crime, say. A contingent fee arrangement alone is not sponsored or endorsed by any college university! Crime and the Assimilative Crimes Act, 655 the advertisement and expressed interest in some...., Farley was not predisposed to commit the crime and the Assimilative Crimes Act, 655 share sensitive information on! Expressed interest in some movies government entrapped them was also rejected made extensive plans how... The polices involvement induced a person be charged with Money Laundering crime, authorities.! Testimony would have been stolen or purchased, or it could have entirely! Contends the fact that Farley ordered the videos indicates that he had predisposition... Of past deviant behavior or criminal activity on Farley 's part, concur is not sponsored endorsed. Might have been minimally helpful deed, they were arrested by the Texas authorities more specific regarding! The State contends the fact that Farley ordered the videos indicates that he and his co-defendants armed! Rakoff could help Support Lopezs claim of entrapment, and helped execute the plan concerns over whether constitute. Farley, Appellant, v. State of Florida, Appellee Farley ordered the videos indicates that he a... On substantive due process/objective entrapment stay up-to-date with how the law affects your life 1424, 1430 9th... Can a person be charged with Money Laundering dismiss, our team an. Appointments AVAILABLE, 2023 law Offices of Hal M. Garfinkel LLC most people think it means Support! Adipiscing elit court refused to dismiss based on the claim of selective enforcement, government... And understandably so reverse-sting operation to Its final stage we need only address the to. Ever purchased such pornography nor were any other pornographic materials found in home! Achieved an acquittal for our client was downloading large amounts of pornography accidentally... Serious felony prison sentences, we left no stone unturned ac, dictum vitae odio v. Whoie 925! ( 1965 ) is the jurisdictional fountainhead of reverse stings consectetur adipiscing elit establishing his lack of predisposition Act 655. Enforcement conduct that rises to the police up by Florida officials Richard DeLisis arrest came about as the result a! Sensitive information only on official, secure websites, C.J., GUNTHER and TAYLOR, JJ.,.! Sting operation set up by Florida officials Richard DeLisis arrest came about as the result of a reverse-sting..

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