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SPECIAL REPORTS
-Monday
21
February 2005
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CORRUPTION:
An Evil Eye Opens Up Again
Miren Gutiérrez*
ROME, (IPS) - The departure of a
Panamanian attorney-general has
led to the review of a massive
international money laundering
case.
Operation Malocchio ('evil eye')
as it was called, was "one of
the biggest" anti-money
laundering operations ever
launched in Italy, says former
prosecutor Giovanni Salvi who
was in charge of the
investigation together with his
colleague Pietro Saviotti and
investigating judge Otello
Lupacchini.
Investigation began in 1996 into
hundreds of millions of dollars
in proceeds from the smuggling
of 900kg cocaine out of Latin
America. By 1997 the network was
set to 'import' 5,000 kg of
cocaine and buy a bank in
Belize, according to a report by
Espresso magazine in Italy.
Operation Malocchio was launched
after Italian authorities
carried out "an information
exchange with the U.S. FBI,"
said a report issued in 2001 by
the anti-mafia investigative
unit (DIA) of the Italian
ministry of interior. The aim
was "dismantling a complex crime
group involved in the
trafficking of significant
consignments of cocaine coming
from South America, as well as
in money laundering and in the
re-investment of huge capital
through international financial
channels."
The probe led to several arrests
in 1998. In 2001, 15 people were
convicted for laundering money
from narco trafficking,
including kingpin Fausto
Pellegrinetti. But he escaped
and is still a fugitive. Appeals
against the sentence were
rejected.
Accomplices in Panama, and also
in Brazil and Belize (a tiny
Central American nation with a
population of 273,000 bordering
Guatemala and Mexico) had a
prominent role in the money
laundering and re-investment
scheme, according to documents
seized by the Italian police.
In October 1997 Italian
authorities asked Interpol in
Panama for information that
could link three suspect
telephone numbers with
well-known Panamanian politician
Alfredo Oranges.
Oranges was then a serious
contender for presidential
candidacy in the 1998 elections
from the Revolutionary
Democratic Party (PRD). Interpol
Panama confirmed that the
numbers belonged to Oranges..
The Financial Analysis Unit (UAF)
in Panama then discovered that
money from outside the country
was being transferred regularly
to and from the local bank
accounts of the company Clark's
Investment Corp. Oranges was
authorised to sign documents on
behalf of Clark's Investment,
the UAF said.
This corporation "has served as
bridge for a series of banking
transfers that cross several
countries without an apparent
motive or commercial activity
justifying them," said the UAF.
Some of the transfers were
higher than a million dollars.
Edwin Arias Castillo, a Clark's
Investment executive and
Oranges' associate, was also
treasurer in another corporation
France Mistral, S.A., where
Lillo Rosario Lauricella --
kingpin Pellegrinetti's right
hand in Latin America -- was
vice-president, the UAF noted.
"Vast amounts of money from
outside were deposited through
Panamanian corporations in local
bank accounts, where they would
stay for a couple of days and
later were transferred to a bank
in another country," Jorge
Mottley, former head of Interpol
Panama told IPS in a telephone
interview. Mottley had joined
investigation of the Panamanian
ramifications of the case.
The Italian investigation was
revealed at a press conference
in 1998 by President Ernesto
Pérez Balladares, Oranges' rival
in the PRD.
As Oranges protested in Panama,
in Rome judge Lupacchini ordered
the preventive arrest of 58
people including Oranges as
alleged members of a criminal
network engaged in narco
trafficking and money
laundering. Italian authorities
said in the arrest warrant that
the criminal network had
deposited 250 million dollars in
Panama.
Then Panamanian attorney-general
José Antonio Sossa sent special
anti-drugs prosecutor Rosendo
Miranda to Italy in October
1998. Miranda dispatched a
facsimile from Rome stating that
the Italian authorities had
evidence linking the money in
transit through Panama with the
narco trafficking operation,
says Mottley.
Several documents seized by the
Italian authorities indicated
that Lauricella had contributed
to Oranges' presidential
campaign. Oranges later admitted
this.
Mottley says Miranda took back a
request from Italian authorities
to freeze the funds linked to
Oranges and to interview him in
the presence of a representative
of the Italian prosecutor.
"Nothing of the sort happened,"
he adds.
Inexplicably, attorney-general
Sossa concluded there was no
evidence against Oranges.
In 1999 Panamanian daily La
Prensa published an interview
with Oranges in which he
admitted that he had been
meeting for years with
Lauricella, who he said was
interested in the casino
business. Oranges said he did
not know Lauricella's
background, and could not
possibly have investigated all
his associates.
According to Panamanian
migration authorities,
Lauricella seems to have lived
in Panama from July 1996 to
February 1998. Lauricella
declared himself a "gardener"
living in the not exactly cheap
Hotel El Panamá.
Meanwhile in Rome the order to
arrest Oranges was cancelled.
"As the person who put together
the case, I am sure there was
enough evidence (to investigate
Oranges)...more than enough,"
says Salvi now. "As a matter of
fact we asked the judge for a
warrant, and it was granted by
the investigative judge (Lupacchini).
But the Tribunale del Riesame
(court of re-examination)
decided differently." That was
due to what court officials
called a "technicality".
Marco Lillo, a journalist from
Espresso who has written about
the case says the Italian
authorities were only interested
in the Italian suspects. "And as
you can imagine, the reactions
(from other countries to the
requests sent by the Italian
authorities) were not very
enthusiastic."
Before matters reached the court
of appeal in Italy,
investigation progressed with
the help of information provided
by Lauricella, who became a
"cooperating witness". Operation
Malocchio now revealed that the
proceeds from narco trafficking
were invested in several
businesses, from the import of
exotic fruits from Santo Domingo
(in the Dominican Republic in
the Caribbean) to the
installation of thousands of
slot machines in Brazil.
In 2000, Lauricella -- the
cooperating witness who had been
the link between the gang and
its Latin American ventures and
on whose statements the
investigation was based -- was
convicted but vanished, says
Luca Armeni, deputy chief of the
DIA.
"When you have a trial as
difficult as this money
laundering case, you need two
things: good documents and good
cooperating witnesses," says
Salvi. Lauricella, he said,
"revealed himself not to be a
good witness when he
disappeared."
Lauricella went into hiding
under a false identity, and in
2002 was shot dead outside a
casino in Caracas. It was
difficult to identify his body
because of the multiple facial
surgeries he had undergone,
according to a report in
Espresso in November last year.
The local fallout of the case
was not investigated either in
Panama or in Belize, but in
Brazil the case led to an
investigation that is still
continuing.
The Italian DIA sent the
Brazilian authorities
information provided by
Lauricella. Some of this
information was made public last
month by the Instituto
Brasileiro Giovanni Falcone (IBGF)
set up to fight organised crime
(it takes its name from
magistrate Giovanni Falcone
assassinated by the mafia in
1992.)
"The introduction in Sao Paulo
and Rio de Janeiro of slot
machines served as a tool to
launder money produced by
international narco
trafficking," the IBGF said. "In
a first delivery, according to
DIA, 35,000 machines were sent
to Brazil."
A statement from the public
ministry of Paran* in Brazil
says "the accusation...has been
revived in 2004 in a new inquest
on money laundering" linked with
gaming.
In Panama, Mottley found himself
stripped of his position in
2000, three years after the case
landed on his desk. Sossa
accused him of unlawfully
passing classified information
to Italian authorities. Mottley
was exonerated later.
Oranges filed three lawsuits,
one before the Panamanian
Supreme Court against the
Panamanian state, a second
before the Human Rights
Commission of the Organisation
of the American Status (OAS),
also against the Republic of
Panama, and the third before the
Office of the High Commissioner
for Human Rights of the United
Nations against the Republic of
Italy. Only the first continues
today. The suit was admitted in
February 2004.
Oranges is demanding 48 million
dollars from the Panamanian
state as compensation for losing
his nomination as presidential
candidate.
Since Mottley left Interpol in
2000, Operation Malocchio was
forgotten in Panama -- until
now. Sossa's controversial
mandate as attorney-general
ended in January this year, and
that has triggered a
re-evaluation of his role.
Mottley, now acting in a private
capacity, sued him in January
for corruption, calumny,
providing false testimony, not
complying with his duty as civil
servant, and for other crimes
against the public
administration of justice.
IPS tried to talk with Sossa;
the phone calls were abruptly
cut. Oranges spoke through his
Panamanian lawyer Luis Vásquez
to La Prensa, and reiterated his
claims of innocence.
Mottley says that in at least
one other prominent instance
Sossa had refused to investigate
strong evidence of wrongdoing.
Starting in 1996, Panama had
received several requests from
authorities in the United
States, Germany and Chile to
investigate Marc M. Harris, a
U.S. financier based in Panama.
Some of the requests indicated
that Harris appeared to be
providing financial services to
convicted narco traffickers.
La Prensa published documents
proving this, and also that
fraudsters and money launderers
were among Harris's clients.
Only, it was double deception:
Harris refused to return their
money, and the clients could not
resort to the authorities they
were avoiding in the first
place.
A U.S. Senate report issued in
2001 said Harris had been behind
a number of international
banking, investment and
securities frauds. Harris fled
to Nicaragua, but was expelled
in 2003 and brought to justice
in Miami. On May 21 last year he
was sentenced to 17 years in
prison and ordered to pay a 26
million dollar fine following
conviction on 16 counts of money
laundering, tax evasion and
conspiracy to defraud the U.S.
government.
La Prensa also reported Sossa's
failure to investigate Harris.
The attorney-general brought
criminal defamation charges
against several of the daily's
journalists. He was
unsuccessful. Some of the
charges were rejected by the
judge and others just expired..
The commission for the
prevention, control and
eradication of drugs, narco
trafficking and money laundering
of the Panamanian parliament had
earlier requested investigation
of Sossa's role by a special
prosecutor in the Malocchio and
Harris cases in 2000.
The prosecutor, Alma Montenegro
de Fletcher, who also has left
office recently, exonerated
Sossa the same year. But in her
final statement she indicated
that the attorney-general had
neglected his duty and showed
"unacceptable" conduct in a
civil servant.
*With the cooperation of Mónica
Palm, editor at La Prensa in
Panama. Miren Gutiérrez is IPS
Editor in Chief. Formerly
Business Editor at La Prensa,
she was part of the paper's
investigative unit. |
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