Pubdate: Sat, 08 Jan 2005 Source: Republican, The (Springfield, MA) Copyright: 2005 The Republican Contact: http://www.masslive.com/republican/ Details: http://www.mapinc.org/media/3075 Author: Stephanie Barry FBI PAID INFORMANT $135,000 SPRINGFIELD - The qualifications are sketchy and the work risky, but making the FBI's informant payroll can be lucrative, according to testimony yesterday in U.S. District Court. Carlos Ortiz, code name "Sky," was paid $135,000 in fees and reimbursements over two years by the FBI in exchange for cultivating ties with alleged local gang members and videotaping drug buys, according to his FBI handler, Robert C. Lewis. Ortiz, who told agents he has worked as a live sex performer, a pimp and a heroin trafficker for Colombians, is scheduled to testify Monday against defendant Lee A. Henry, 37, of Springfield. The information about Ortiz' arrangement emerged during cross-examination, providing a rare look into the government's handling of paid informants. Henry is accused of selling about $1,700 in heroin and cocaine to Ortiz on four separate occasions in 2003. If convicted as a repeat offender, he faces at least 20 years in prison. At the time, the city man was being paid by the government to gather information on a Mason Square street gang and members of the Russian mafia, evidence has revealed. Henry is not accused of belonging to either group, and his defense lawyer has argued the FBI violated its own standards by building their case using Ortiz. According to testimony yesterday, law enforcement informants receive approval to make illicit buys only under extreme restrictions imposed by the U.S. Department of Justice. Assistant U.S. Attorney Todd E. Newhouse has argued the government was well within its rights to use Ortiz, as Henry was allegedly selling drugs in the general vicinity where the street gang operated. The prosecution table yesterday was strewn with black-and-white images of the defendant handing off drugs in Ortiz' Lincoln Continental. The car was outfitted with a video camera by the FBI, Lewis testified. By contrast, a stack of receipts reflecting cash payments to Ortiz by the FBI sat in front of defense lawyer Linda J. Thompson: more than $15,000 in one instance in 2002, $6,500 in another, and more than $8,000 most recently, records show. "You knew Mr. Ortiz was a pretty expensive guy to maintain, didn't you?" Thompson asked Lewis during cross-examination yesterday. "Where does the money come from?" Lewis responded: "They get it from people's tax dollars, including mine." The practice of using paid informants is a common one for most law enforcement agencies, Lewis said. There are no established rules for compensation; payments and reimbursements are subjective in each case, Lewis said. Newhouse yesterday said Ortiz worked for the FBI for more than a decade and received close to $250,000 in aggregate payments. Among other benefits Ortiz received: Free vouchers for low-income housing in 2001 and 2002 A cell phone and monthly calling time Relocation and car repair expenses. An FBI agent also rescued Ortiz' dog from his impounded car when Ortiz was arrested in Rhode Island in 2002. Thompson argued that much of the income Ortiz derived from being an informant was nontaxable because the payments were logged as expense reimbursements. On the other hand, straight fees for services must be reported. Ortiz collected about 75 percent of his payments in reimbursements, evidence has shown. It is not clear whether Ortiz claimed any of the money as fees or filed tax returns. Lewis said Ortiz was officially "closed" as an informant last year. He has since relocated. - --- MAP posted-by: Larry Seguin