Date: 06-12-2016

Case Style: United States of America v. David Polos

Case Number: 1:15-cr-00692-PGG

Judge: Paul G. Gardephe

Court: United States District Court for the Southern District of New York (New York County)

Plaintiff's Attorney: Martin S. Bell, Andrew D. Goldstein, and Paul M. Monteleoni

Defendant's Attorney: Marc Mukasey, Avraham Moskowitz, Kedar Sanjay Bhatia and Glen Kopp for David Polos

Description: New York, NY - Former Dea Supervisor And Employee Convicted Of Making False Statements In National Security Forms

DAVID POLOS, formerly an Assistant Special Agent-in-Charge with the Drug Enforcement Administration (“DEA”), and GLEN GLOVER, a DEA Information Technology Specialist, were convicted of conspiracy and making false statements to the government in national security forms regarding, among other things, their employment at an adult entertainment establishment. POLOS and GLOVER were convicted after a two-week trial before U.S. District Judge Paul G. Gardephe.

Manhattan U.S. Attorney Bharara said: “David Polos and Glen Glover had important and sensitive law enforcement jobs that required honest answers to national security clearance forms. But as a unanimous jury found today, Polos and Glover lied on those national security forms, concealing their secret jobs owning and operating an adult entertainment club. Their actions were not just a betrayal of their oaths as DEA employees, but as the jury found, a violation of federal law.”

According to the allegations in the Complaint and evidence established at trial:

POLOS, who supervised the Organized Crime and Drug Enforcement Strike Force, and GLOVER, an expert in sensitive law enforcement techniques who assisted narco-trafficking investigations domestically and abroad, failed to disclose their employment at, and ownership interests in, an adult entertainment establishment (the “Club”) in Northern New Jersey in connection with a background check to determine their suitability as employees of a federal law enforcement agency with access to classified information. POLOS also failed to disclose his relationship with a dancer at the Club in response to a question about his relationships with foreign nationals. The national security forms POLOS and GLOVER submitted in connection with the background check required disclosure of outside employment in part due to concerns attendant to certain types of employment, including proximity to crime and persons involved in crime and the risk of employee blackmail.

GLOVER and POLOS submitted national security forms in August and September 2011, respectively, which stated, among other things, that they did not have employment other than their DEA jobs within the previous seven years, and that POLOS had not had any close, continuing contact with foreign nationals during that same period of time. In fact, GLOVER was the part owner of, and POLOS had a convertible ownership interest in, the Club. In addition, POLOS had, at the time he submitted his form, begun an intimate relationship with a foreign national from Brazil who worked as a dancer at the Club. POLOS and GLOVER had been warned by others, including Club employees, that at times drug use, drug sales, and illicit sexual activity appeared to be taking place at and outside the Club, which also operated as an all-cash business and did not pay required taxes during its first year in operation.

GLOVER and POLOS both worked regular managerial shifts at the Club in the months prior to and following their submission of the national security forms. They also hired, fired, and paid bartenders, dancers, and bouncers; supervised the Club’s renovation, advertised the Club in local periodicals; manned a back office available only to employees; remotely monitored video camera feed from the Club when not present; and generally tended to various Club-related matters. GLOVER and POLOS at times attended to Club matters during DEA work hours.

Had POLOS and GLOVER truthfully disclosed their employment at the Club, their ownership and involvement in the affairs of the Club would have been investigated as part of their background checks, and the security clearances that they were required to maintain as federal law enforcement employees likely would have been denied.

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POLOS, 51, of West Nyack, New York, and GLOVER, 45, of Lyndhurst, New Jersey, were convicted of one count of conspiracy to make false statements, and were each convicted of one count of making false statements, in connection with their work at the Club. POLOS was convicted of an additional count of false statements in connection with his failure to disclose his relationship with a foreign national. Each count carries a maximum sentence of five years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

Mr. Bharara praised the investigative work of the Federal Bureau of Investigation and the Department of Justice Office of the Inspector General. He also thanked the Internal Revenue Service-Criminal Investigation Division for its assistance.

This case is being handled by the Office’s Public Corruption Unit.

Outcome: Guilty

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Defendant's Experts:

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