Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Todd R. Haebe, a Special Agent with the Drug Enforcement Agency (“DEA”) in San Jose, California, appeals a decision of the Merit Systems Protection Board (“MSPB” or “Board” or “board”). In a split decision, *fn1 the MSPB reversed certain elements of an initial decision by an MSPB Administrative Judge (“AJ”). See Haebe v. Dep’t of Justice, 81 M.S.P.R. 167, 176 (1999) (“Final Decision”). The AJ overturned the DEA’s decision to remove Mr. Haebe from his position as a Criminal Investigator and ordered the DEA to reinstate Mr. Haebe and provide back pay. Haebe v. Dep’t of Justice, No. SF-0752-97-0426-I-1, slip op. at 1, 21 (MSPB, August 8, 1997) (Hughes, Admin. J.) (“Initial Decision”). The DEA had removed Mr. Haebe because it determined that he wrongly falsified statements on a report and failed to follow written instructions with respect to that report. Final Decision at 170. Because the MSPB substituted its credibility findings in lieu of the AJ’s demeanor-based credibility findings without sufficiently sound reasons for doing so, and misapplied the intent element of the falsification charge, the MSPB’s decision in the Final Decision is arbitrary, capricious, and unsupported by substantial evidence. Accordingly, we reverse.


This case arises from Mr. Haebe’s law enforcement efforts on the morning of March 30, 1995, and the report he filed several weeks later describing the events of that morning. The incident in question on the morning of March 30 resulted in Mr. Haebe reporting to authorities in Portland, Oregon that a Mr. Ricardo Ortiz Alcala would be arriving in Portland on a flight that morning. This resulted in the arrest of Mr. Alcala at the Portland airport and he was found to be carrying four pounds of methamphetamine. Mr. Haebe reported the incident on a DEA Form 6 that he signed on April 18, 1995 (the “Report”). Initial Decision at 2-3.

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

BenefitsPRO Broker Expo 2022

May 23, 2022 - May 25, 2022
Austin, TX

The premier educational and networking event for employee benefits brokers and agents.

Learn More

Georgia Legal Awards 2022 (GALA)

June 23, 2022
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession in Georgia.

Learn More

Pennsylvania Legal Awards 2022 (PALA)

June 29, 2022

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania with their dedication to law.

Learn More


McGovern Legal Services, LLC seeks an attorney to join our team at our North Brunswick office working with Condominium Associations, Homeown...

Apply Now ›

Trial Attorney - New York

Auto defense firm seeks experienced TRIAL ATTORNEY to do trials,motions, court appearances and depositions. Email resume: [email protected]

Apply Now ›


Mineola firm with national practice seeks talented, experienced (3-5 years post-admission) attorneys withdeposition experience to handle com...

Apply Now ›



Lawrence Law LLC congratulates Jeralyn Lawrence, Esq. on her upcoming installation as President of the New Jersey State Bar Association

View Announcement ›



RAYNES & LAWN is Proud to Welcome Next Generation to the Firm

View Announcement ›