The FARC stings have drawn criticism from lawyers and activists who accuse federal agents of entrapment in the name of a largely invented war on narco-terrorism. Many of the agency's targets had never set foot in the US, and many — including Georgescu — seemingly had no plans to deal with the Colombian guerillas until the DEA's undercover operatives came calling. Some of the suspects didn't even have a clear anti-American leaning until the operatives encouraged it in their discussions.Critics also point to the controversial use of former drug traffickers as undercover operatives. A Department of Justice audit of the agency in 2015 found its lack of oversight of these informants "troubling."Related: The cocaine industry has a lot riding on Colombia's peace deal
Romanian-born Virgil Flaviu Georgescu was convicted of conspiring to sell $15 million worth of weapons to undercover DEA informants posing as Colombian rebels. (Photo via US Attorney's Office/Reuters)
The FARC stings, like the one that ensnared Georgescu, have been central to the DEA's counter-terror strategy even as critics charge that the agency is concocting crimes that would not have occurred otherwise.Michael Braun, a former DEA chief of operations who was involved in several FARC-related stings, said that, under the Patriot Act, DEA agents only need to produce an "overt act" that shows plans to commit a criminal conspiracy. They never needed to see any actual weapons or drugs.'A lot of those who are targeted are shadowy figures, who try to stay as far back as possible from the front lines.'
"You and me, all we have to do is agree to move a ton of cocaine into the US and then [perform] an overt act — calling a contact in Colombia, for instance," Braun said. "A jury listens to this shit and very quickly concludes that agents couldn't make it up."But drugs are only half the narco-terror equation — the DEA has also pushed the other half. VICE News reviewed a dozen indictments of bona fide FARC members, including several who were accused of ordering or being complicit in the kidnapping of three American defense contractors in 2003. In each of these cases, jurors were told by prosecutors and law enforcement officials that the FARC "has authorized the use of violence and attacks against American citizens to forward their mission of terrorism." Jurors also were told about the FARC's goals to finance "attacks on innocent citizens, and poison Americans."Related: Meth, murder, and the DEA's mysterious deal with the 'most dangerous man in the world'
Colombian soldiers present 3.9 tons of cocaine seized from FARC rebels in March 2013. (Photo by Juan Manuel Barrero Bueno/EPA)
"A lot of those who are targeted are shadowy figures, who try to stay as far back as possible from the front lines," she said. "To get to the general, it takes a lot of effort. I think it's fair to use this construct to get to the real leaders."In order to convincingly pull off the FARC ruse, the DEA has employed former drug dealers as operatives — a practice that has come under criticism. One trafficker-turned-undercover agent, Carlos Sagastume, was paid roughly $9 million for participating in at least 150 stings on behalf of the DEA during a 15-year period, often posing as a member of the FARC.In response to the DOJ audit that cited the DEA's "troubling" lack of oversight of informants, Patterson said the agency revamped its methods in July, issuing new guidelines that ensure handlers will meet with undercover operatives at least every 90 days instead of once a year. But he also suggested that the new procedures are burdensome and could put undercover agents at risk by forcing them to come up with excuses to meet with their handlers.Related: The golden age of drug trafficking: How meth, cocaine, and heroin move around the world
"Out in different areas of a [foreign] country, it's really tough for [informants] to navigate, to come up with a reason to come to town, to go back home," he said. "This is where I raise my eyebrows a little bit. I don't know how we navigate those waters where everyone is happy and safe."'Either they're interested in involving themselves in the deal or not. Money is not thrown at them.'
Either way, some form of the FARC ruse is likely to remain in the DEA's repertoire. Patterson, the DEA spokesman, said guerilla groups in other countries, such as Peru, have "just changed their names" rather than actually quitting the drug trade, meaning a similar ruse could still work. "It's too early to tell," he said.Dayan, Georgescu's defense attorney, also said the sting-op tactic is too effective for the DEA to give up entirely; narco-terrorism allegations are one of the easiest ways for prosecutors to sway a skeptical jury, he said."Jurors don't seem to care much if it's ISIS, FARC, or Hezbollah," he said. "What they do care about is that the arms are intended to be used against US servicemen overseas."Follow Malcolm Beith on Twitter: @mbeithRelated: Colombia's peace deal with the FARC could still fall apart