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OBJECTIVES
           
Sir,

The overall objective, as specified by the United States Law Enforcement Agencies is to convict the three ring leader brothers ;

1. Marcus COHAB
2. Hugo MADA
3. Lewis APARECIO 

using the paper trail generated by a conspiracy to distribute cocaine, the charge being of `Historical Conspiracy`.

In brief this relies upon statements made by the conspirators being substantiated by three pieces of paper referring to facts or allegations contained within the confession.  Although no seizure of cocaine is required the presence in this circumstance is a bonus.

In an effort to pursue this method Bermuda will become involved directly in so much as they have collated documentation relating to conspirators connected to the brothers.  All persons concerned CAN be charged with the offence, this includes the Americans currently in custody in Bermuda.                         

The U.S. investigation will be conducted as an O.C.D.E.T. case and will come under the `umbrella` of the currently active `WHEELER` file.

The D.E.A.`s O.C.D.E.T. reference is Case # C3/90/Z009.

PASSIVE ENQUIRY

To enable the case to proceed efficiently it is necessary for persons concerned in the conspiracy to be interviewed.

The first subject to be spoken with, Victor ALONGI, had provided the initial connection between Bermuda and the United States.

Although ALONGI has now declined to speak with law enforcement agencies, when he made this choice he was subject of a local prosecution and liable to a fixed imprisonment period of about five years in relation to the cocaine found in his possession.

It is now intended to supersede this prosecution and proceed Federally and thus, being a second time offender, subject to a larger sentence.  Alongi is currently being prosecuted by Monmouth County.

It is generally felt that, facing this situation, ALONGI will speak to police by means of a `proffer arrangement.  In short he will approach police and in a confidential agreement will provide general information relating to the knowledge that he possesses.  The information is then considered and if accepted an arrangement is made to offer limited immunity from prosecution or even the dismissal of charges.  ALONGI would be required to testify.

It is believed that ALONGI can give the Bermuda conspirators.

It is of note that ALONGI was arrested in possession of the second largest `street seizure` of cocaine for the County, and that, therefore, the single pound in weight is not being considered as a trivial amount by U.S. Authorities.  Similarly the quantities of cocaine discovered in Bermuda are viewed as vital links to the overall conspiracy as is the physical evidence seized. In fact the enthusiasm shown by all law enforcement officers has been one hundred percent and it is the overall conspiracy which is providing serious motivation, and about which Bermuda can offer real assistance.

The U.S. law enforcement officers are of the opinion that this is a good case to pursue as the evidence is already obtained and blatant.

United States officers will be travelling to Bermuda (this will take about two weeks to arrange in order to Deputize the State Troopers) in order to interview the Americans in custody here.  Again, these people are part of the U.S. conspiracy and therefore liable to prosecution by the U.S.  It has been requested that Bermuda provide an Attorney to be present for the initial interviews. 

The request is for two reasons ;

1. It is anticipated that on the first interview the suspects will lie.  The inconvenience of conveying a U.S. Attorney to Bermuda to record lies is impractical.

2. The reason for requiring an Attorney at all is that, by United States law, any notes that are made by officers are `discoverable`, that is to say that they are available to the defence Attorney at any subsequent trial.  It is not in the prosecutions interest for lies to be brought to the attention of the defence and therefore diminish the credibility of the the conspirator's evidence.  If such notes are recorded by an Attorney then they are subject to Legal Privilege and not `discoverable`.

In respect of the paper work and statements required to pursue the Historical Conspiracy mention has been made by the Assistant District Attorney and the D.E.A. of the Bermuda suspects.  The involvement of persons such as Ming and Dillas has furthered the commission of the trafficking offence and as such they render themselves liable to prosecution in another Country (as with Miranda etc.).  The U.S. Law Enforcement Agencies expressed a keen interest in pursuing the Bermuda locals with a view to extradition.

In the event that evidence suitable for the Historical Conspiracy is forthcoming (and the general attitude is that this is inevitable), failure to obtain the Bermudian conspirators as either defendants or witnesses could seriously hamper a prosecution within the U.S. purely because of an inability to substantiate allegations. 

Another evidential consideration is the use of `wire tap` evidence.  Once the collation aspect of this investigation is completed and the information gathering process is underway, the U.S. will be using all the methods at their disposal.  In light of a recent Supreme Court ruling guide lines are sought to ensure such evidence is admissible in Bermuda`s Courts also.

It would appear that Kent HOLDER (Bermudian) is involved in the conspiracy, it seems likely that the cocaine found in his possession, and for which he is now serving a sentence, can be traced to a conspirator in this investigation.  The U.S. intended to visit HOLDER and interview him in prison. 

The connection was derived by Holder`s name appearing in connection with Ebbin and Dillas correspondence / answer machine tape.  The U.S. Law Enforcement Officers had information connecting another party which fitted Holder`s profile.

Today, Wednesday, 20th June, 1990, (D.E.A.) called me in from the U.S. and stated that he had viewed the computer case file of HOLDER and that as a result of the information disclosed (see Intelligence section ref   ) HOLDER would be considered as a prime suspect for distribution interrogation.

To date, only a small fraction of the overseas telephone numbers obtained in Bermuda have been passed to the U.S. agencies and these refer to Miranda`s cellular telephone.  It is intended to further the rest of the documents and these are being analyzed by the U.S., the results will be made available to us for further enquiries to be conducted in Bermuda.  It is anticipated that telephone numbers will be discovered that have significance to the investigation.  The intention is then to provide Telephone Company with the overseas telephone numbers and serve an order for the production of all local calls to the overseas numbers.

With regard to LATINI, the mention of the condominium complex which LATINI stated that he owned will be pursued and the D.E.A. are in possession of the keys that LATINI claims are to his night deposit drop.  The U.S. are convinced that the keys do in fact belong to a safety deposit box. 

The condominium complex will be targeted for associates and with regard to the potential for seizure under drug trafficking forfeiture legislation.

The key in Miranda`s possession has also been passed to the D.E.A. and the claim that this is to a house safe will also be pursued.
                         
The latest development is with regard to a call that I received from a Massachusetts State Trooper.   The Officer is responsible for Boston Airport and was the arresting officer of a male, DE JESUS, arrested in possession of $38,000, and about which Bermuda has intelligence.  The officer was contacted by State Police with regard to antecedent information about DE JESUS.  A copy of the officer`s report will also be sent to Bermuda (by Fax).

Officer Cepero has offered to assist in any way possible, either in respect of this enquiry or with regard to future trafficking.  The officer has requested any details that we can supply concerning the use of `body carriers` with regard to imported drug or exported currency.  This documentation would assist them in complying with their `probable cause` directive and, quite obviously be of benefit to us.

 

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