Kopp Convicted of Transnational Arms Trafficking

On Tuesday, January 22, a court convicted Daniel Kopp of illegally trading arms with several countries, and sentenced him to four years and nine months in prison.^[1]

Kopp evaded custody for several years, and was accused of buying and selling weapons and ammunition without a license in 1998-2004, said Miroslava Sedlackova, spokeswoman for the regional court in Brno, 200 kilometers (125 miles) southeast of Prague.^[2] It is not clear if Kopp will appeal the verdict, the spokeswoman said.^[3]

Sedlackova could not say exactly which countries were involved in the deals. But local CTK news agency, citing court testimony, said past deals had involved Kyrgyzstan and South Africa, among other countries.^[4] It has also been asserted that Kopp had planned to purchase thousands of weapons worth some US$1.8 million from Ukraine.^[5]

Kopp was first detained in April 2004 and charged with illegal arms trading, after authorities alleged he was planning to illegally export unspecified types of ammunition to Iraq.^[6]

After being released by the court in 2004, Kopp fled the Czech Republic. He was captured again by U.N. peacekeepers on an international warrant in December 2004 in the Liberian capital, Monrovia, but managed again to flee custody.^[7] He was arrested in Brussels in January 2006 and extradited to the Czech Republic later that year.^[8]

The crime of being a felon in possession of a firearm, in this context, makes it illegal for a felon, fugitive, renounced citizen, dishonorably discharged military person, mentally ill person, or alien, to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.^[9]

---

^[1] AP Staff, Czech illegal arms dealer sentenced to 4 years, Associated Press Newswire, January 22, 2008, January 9, 2008, available at LEXIS, News Library, Wire News Services.
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] Id.
^[9] 18 U.S.C. §922(g)(2006).

U.S. and CARICOM Co-Operate to Stop Arms Trade

On December 3, the U.S. and Caribbean Community (CARICOM) countries pledged to enhance regional cooperation to prevent, combat, and eradicate the illicit trafficking in small arms and light weapons in the region.^[1] The U.S. State Department asserts that Illicit trafficking in small arms and light weapons poses a serious threat to the security of the Western Hemisphere because this thriving black market provides weapons to terrorist groups, drug traffickers, gangs, and other criminal organizations.^[2]

The initiative responds to the agreement between the CARICOM Foreign Ministers and Secretary of State Condoleezza Rice on March 22, 2006 calling for a partnership against the illicit trafficking in small arms and light weapons and reaffirmed during the U.S.-CARICOM Summit.^[3] The United States and CARICOM member states issued a regional initiative outlining concrete and practical measures they will undertake to address the illicit trafficking in small arms and light weapons throughout the region.^[4]

The CARICOM-U.S. Initiative states that the Caribbean Community and the United States of America resolve:

1. to combat illicit arms trafficking relentlessly. They welcome the active and vigorous cooperation between CARICOM Member States and the U.S. to eradicate this problem and support enhanced efforts in this area; and
2. to support each others efforts as well as those of other states to combat this threat and where possible, to provide technical and other assistance to this end. They also pledge to exchange information and experiences so that they can benefit from each other's expertise in addressing this pressing security challenge. CARICOM Member States and the U.S. recognize that enhanced multilateral cooperation is essential because the arms trafficking threat transcends borders and affects all nations.

The Member States of the Caribbean Community reiterate their firm support of international treaties and instruments aimed at combating the illicit trade in small arms, light weapons, and ammunition. In this regard they view the implementation of the 2001 United Nations “Programme of Action to Prevent, Combat, and Eradicate the Illicit Trade of Small Arms and Light Weapons in All Its Aspects” as an important first step towards efforts to combat this deadly trade.^[5]

Drawing on their mutual vision of Inter-American security, and their joint objectives as democracies, CARICOM Member States and the U.S. agree to:

1. enhance import and export controls consistent with common international practices and standards;
2. improve information sharing on entities and individuals involved in illicit trafficking, and the routes they use to traffic arms;
3. promote the tracing of firearms recovered in connection with illicit activities in order to provide investigative leads;
4. deepen law enforcement and customs cooperation;
5. enhance national stockpile control, management, and security practices;
6. encourage destruction of at risk, obsolete, or excess national stockpiles;
7. promote implementation of the OAS Guidelines on the control and security of MANPADS;
8. provide technical and other assistance, as appropriate, to affected states to support their efforts to combat this threat; and
9. promote programs aimed at reducing the availability and use of illicit firearms.^[6]

---

^[1] Office of the Spokesman, CARICOM-U.S. Initiative to Combat Illicit Trafficking in Small Arms and Light Weapons, U.S. Department of State, December 3, 2007, available at http://www.state.gov/r/pa/prs/ps/2007/dec/96146.htm (last visited December 30, 2007).
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.

U.S. Waits on Spanish Extradition Verdict

Judicial authorities in Spain are expected to decide within weeks on a U.S. request to extradite a man described as an international arms dealer who has sent weapons to Iran, Iraq and other countries over the last four decades.^[1]
Assistant U.S. Attorney Leslie Brown commented on the extradition of Monzer Kassar as two Romanian men pleaded not guilty to charges that they conspired to sell weapons to an organization that wanted to kill Americans in Colombia. Kassar is also charged in the case.^[2]

Monzer al-Kassar, a Syrian arms dealer, was arrested in Spain on charges he plotted to supply millions of dollars worth of weapons to Colombian rebels.^[3] Al-Kassar was arrested after undercover agents with the Drug Enforcement Administration(DEA) came to him looking to buy surface-to-air missile systems, rocket-propelled grenade launchers, thousands of machine guns and millions of rounds of ammunition for the Revolutionary Armed Forces of Colombia (FARC) and allegedly al-Kassar agreed to make the sale, however no weapons ever changed hands.^[4]

Kassar can appeal the ruling if extradition is granted, but is has been said that a month long delay might require that Kassar be tried separately from Tareq Mousa al Ghazi and Luis Felipe Moreno Godoy, who were extradited from Romania earlier this week.^[5] The federal indictment said al Ghazi and Moreno Godoy conspired through a series of recorded telephone calls, e-mails and in-person meetings with Kassar between February 2006 and May.^[6]

Prosecutors say al Ghazi and Moreno Godoy were part of an international network of criminal associates, front companies and bank accounts built by Kassar since the 1970s in countries including Britain, Spain, Lebanon, Syria, Iraq, Poland, Bulgaria and Romania.^[7]The indictment charges al Ghazi and Moreno Godoy with conspiracy to kill U.S. nationals, conspiracy to kill U.S. officers or employees, conspiracy to acquire and use anti-aircraft missiles and conspiracy to provide material support to terrorists.^[8]

The crime of acquiring and using antiaircraft missiles is a violation of 18 U.S.C. §2332 and in that statute it states that in general — except as provided in paragraph (3), it shall be unlawful for any person to knowingly produce, construct, otherwise acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use an explosive or incendiary rocket or missile that is guided by any system designed to enable the rocket or missile to^[9] seek or proceed toward energy radiated or reflected from an aircraft or toward an image locating an aircraft;^[10] or otherwise direct or guide the rocket or missile to an aircraft;^[11]any device designed or intended to launch or guide a rocket or missile described in subparagraph (A);^[12] or any part or combination of parts designed or redesigned for use in assembling or fabricating a rocket, missile, or device described in subparagraph (A) or (B).^[13]

Paragraph (1)(A) does not apply to any device that is neither designed nor redesigned for use as a weapon.^[14] Additionally this subsection does not apply with respect to conduct by or under the authority of the United States or any department or agency thereof or of a State or any department or agency thereof;^[15] or conduct pursuant to the terms of a contract with the United States or any department or agency thereof or with a State or any department or agency thereof.^[16]

Federal criminal defense attorney Douglas McNabb has previously discussed this case here and here.

---

^[1] Larry Neumeister, US expects Spain's decision on arms dealer extradition within weeks, Associated Press Newswire, October 18, 2007, available at LEXIS, News Library, Wire News Services File.
^[2] AP Staff, In a first, Romania extradites 2 terrorism defendants to U.S., Associated Press Newswire, October 16, 2007, available at LEXIS, News Library, Wire News Services File.
^[3] Tom Hays, Syrian Arms Dealer Indicted in NYC, Associated Press Newswire, June 8, 2007, available at LEXIS, News Library, Wire News Services File.
^[4] Id.
^[5] Neumeister, supra note 1.
^[6] Id.
^[7] Id.; see also Press Release, United States Announces First Extraditions From Romania on Terrorism Charges, U.S. Dep’t of Justice, October 16, 2007, available at http://www.usdoj.gov/dea/pubs/pressrel/pr101607.html (last visited October 21, 2007).
^[8] Neumeister, supra note 1.
^[9] 18 U.S.C. §2332 (1)(A)(2007).
^[10] Id., at §2332 (1)(A)(i).
^[11] Id., at §2332 (1)(A)(ii).
^[12] Id., at §2332 (1)(B).
^[13] Id., at §2332 (1)(C).
^[14] Id., at §2332 (2).
^[15] Id., at §2332 (3)(A).
^[16] Id., at §2332 (3)(B).

Indonesian Man In Wisconsin Charged with Arms Trafficking

Doli Syarief Pulungan, an Indonesian man living in Wisconsin, was indicted Thursday for trying to illegally export military equipment to his home country.^[1] The federal grand jury in Madison returned a two-count indictment against Doli Syarief Pulungan, who has been charged with conspiracy to export weapons and making false statements.^[2]

In the first count against Pulungan federal prosecutors assert that he attempted to conspire with others to export scopes used on rifles such as the M-16 and AR-15.^[3] The scopes themselves are considered sensitive military equipment and require a license or written approval from the federal government to be exported.^[4]

A second count in the indictment accuses Pulungan of lying to the FBI about whether he had been living in the U.S., having told investigators he had only recently traveled here.^[5]

The indictment accuses Pulungan of sending an e-mail in July instructing an unnamed person living in Wisconsin to order 100 Leupold Mark 4 CQ/T Riflescopes.^[6] He then allegedly told the person to have the scopes shipped to his home for later shipment overseas and not to tell the company the scopes were going to end up in Indonesia.^[7] It has been asserted as well that in September, Pulungan asked another person in Wisconsin to buy 100 more of the same scopes and asked the person to ship the equipment to Saudi Arabia and then on to Indonesia, the indictment said.^[8]

Pulungan pleaded not guilty to the charges Thursday in U.S. District Court in Madison. He is currently in custody and may face up to 15 years in federal prison.^[9]

Many transnational crimes are covered under 18 U.S.C. § 922,^[10] and it is a massive convoluted statute, so for simplicity's sake, we will only discuss the sections that are particularly relevant to this case. It is a crime under section 922 for any person, except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business, to ship, transport, or receive any firearm in interstate or foreign commerce;^[11] or any properly licensed importer, manufacturer, dealer, or collector, to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, subject to 3 exceptions;^[12] and for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false, fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition.^[13]

---

^[1] Ryan J Foley, Indonesian man charged with trying to export rifle scopes, Associated Press Newswire, October 12, 2007, available at LEXIS, News Library, Wire News Services.
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] Id.
^[9] Id.
^[10] 18 U.S.C. § 922. (2007).
^[11] Id., at § 922(a)(1)(A)
^[12] Id., at § 922(a)(2).
^[13] Id. § 922(a)(6).

Arms Dealer Arrested in Spain: Al-Kassar

Monzer al-Kassar, a Syrian arms dealer, has been arrested in Spain on charges he plotted to supply millions of dollars worth of weapons to Colombian rebels.^[1] Al-Kassar was arrested after undercover agents with the Drug Enforcement Administration(DEA) came to him looking to buy surface-to-air missile systems, rocket-propelled grenade launchers, thousands of machine guns and millions of rounds of ammunition for the Revolutionary Armed Forces of Colombia (FARC) and allegedly al-Kassar agreed to make the sale, however no weapons ever changed hands.^[2]

The indictment alleged that al-Kassar also provided weapons and military equipment to violent factions in Nicaragua, Brazil, Cyprus, Bosnia, Croatia, Somalia, Iran and Iraq; as well as to the revolutionary group FARC. FARC is one of the world's largest suppliers of cocaine; we have previously written about FARC in this blog, these posts can be accessed here.^[3]

Al-Kassar went before a Spanish judge in Madrid on Friday, and while there were no immediate details on extradition proceedings, Spain and the United States have an extradition treaty that applies in such cases.^[4] The U.S. indictment from a New York federal grand jury charges al-Kassar with conspiracy to provide aid and equipment to a terrorist organization, conspiracy to kill U.S. citizens and officials, conspiracy to acquire and use anti-aircraft missiles and money laundering.^[5]

Contributing or supplying services to designated terrorist groups (or conspiring to contribute or supply services to these entities), is a violation of regulations issued under the International Economic Emergency Powers Act,^[6] we have previously discussed IEEPA in this blog, here.

Missiles
The threat of surface-to-air missile(SAMs) being used against commercial aviation led Congress to pass the Commercial Aviation MANPADS Defense Act of 2004 [hereinafter MANPADS Act].^[7] Under the MANPADS Act, the United States sentencing guidelines were amended to enhance any sentence by 15 levels if the offense involved "a destructive device that is a portable rocket, a missile, or a device for use in launching a portable rocket or a missile."^[8] There are also sentencing enhancements for the number of SAMs that are involved.^[9] This act could possibly be applied in this al-Kassar's case if it is determined that al-Kassar did in fact, try to sell anti-aircraft missiles.


We have previously discussed money laundering here.

---

^[1] Tom Hays, Syrian Arms Dealer Indicted in NYC, Associated Press Newswire,June 8, 2007, available at LEXIS, News Library, Wire News Services File.
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] 50 U.S.C. §§ 1701-07 (2007).
^[7] See P.L. 108-458, Title IV, Subtitle B, § 4026, 118 Stat. 3724. (MANPADS stands for man-portable air defense system, and it refers to any SAM system designed to be man-portable and carried and fired by a single individual. MANPADS Act, § 4026(e)(2)(A).)
^[8] See U.S. Sentencing Guidelines Manual § 2K2.1(b)(3)(A).
^[9] See id. at § 2K2.1(b)(1)(E).

Baggage Handlers used Two-Bit Burglary Group to Obtain Weapons

Zabdiel Santiago-Balaguer, a Comair employee and the head of a gun and drug smuggling operation in Orlando, bought some of his weapons from a group of low-end burglars who had been breaking into gun shops across central Florida.^[1] Santiago-Balaguer then used his security clearance to help sneak guns and drugs aboard a Delta Airlines flight to Puerto Rico in March, he was subsequently arrested in Puerto Rico.^[2]

The arrests of Santiago-Balaguer and three others drew national attention and prompted demands in Congress for screening all employees at every U.S. airport.^[3] The breach that landed Santiago-Balaguer in jail was not the first however; an accomplice told police after his arrest that Santiago-Balaguer had made several gun and drug runs to the island from Orlando.^[4]

At the time, it was unclear where the guns had come from until the Orange County Sheriff's Office found that Santiago-Balaguer was buying guns from the aforementioned low-end burglary ring. The sheriff's Organized Crime Squad documents show:

• A string of gun-shop burglaries in Brevard, Lake and Orange counties last fall was being investigated by deputy sheriffs, agents from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Office of the Statewide Prosecutor.
• That bust in January alerted authorities that gun smugglers were breaching Orlando International Airport security with ease and sneaking the firearms in carry-on luggage on flights to San Juan, Puerto Rico.
• Two days after those arrests, ATF discovered that two guns allegedly stolen by the ring were recovered at crime scenes in Puerto Rico.^[5]

Santiago-Balaguer later confessed to the FBI that he ran the smuggling operation out of the airport, and identified the group of former Evans High School students as major suppliers of guns.^[6] Apparently Santiago-Balaguer's relationship with the gun-theft ring began over drinks at an Orlando nightclub last fall. After that, about twice-monthly shipments of guns and drugs began going out of OAI.^[7] The gun-shop burglars are accused of breaking into TD Weaponry in Clermont on Sept. 16 and taking 134 assault rifles and handguns.^[8]

More arrests are expected as the OPD Organized Crime Squad continues to follow stolen guns used in the current epidemic of violence that set records for murder last year, sheriff's Cpl. Eric Edwards said Friday, May 20.^[9]

One of Santiago-Balaguer's accomplices, identified as 22-year-old Thomas Anthony Munoz, was arrested with guns and drugs in his possession when he stepped off the Delta flight from OIA to San Juan, Puerto Rico, on March 5. In his carry-on duffel bag, authorities found 13 guns, a semi-automatic assault rifle and 8 pounds of marijuana.

We have previously spoken about the Santiago-Balaguer case here, and here.

We have previously discussed the crime of arms trafficking at length, here.

---

^[1] Henry Pierson Curtis, Gun-shop thefts linked to airport smuggling ring, Orlando Sentinel, May 20, 2007, available at http://www.orlandosentinel.com/orl-oiaguns2007may20,0,1429947.story?page=2&track=mostemailedlink (last visited May 22, 2007).
^[2] Id.
^[3] Id. Orlando International Airport (OIA) officials will be spending millions of dollars to ensure that all employees would be screened every time they entered a secure area.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] Id. They also are suspected of taking 16 pistols and two rifles from Action Gun Outfitters in Melbourne one week later. Then, on Christmas Day, the team allegedly took 93 weapons -- including AK-47 and AR-15 assault rifles and handguns -- from Universal Weapons in south Orange County.
^[9] Id.

Sudarshan Arraigned on IEEPA, Arms Export Control Act

Parthasarathy Sudarshan, CEO of Cirrus Electronics, was charged on Tuesday with shipping restricted weapons technology to the Indian government.^[1] He was arraigned before a U.S. magistrate judge on charges of smuggling technology linked to development of aircraft, missile and aerospace systems.^[2]

Assistant U.S. Attorney Jay Bratt asserted that Sudarshan was the "brains behind the operation" that ordered computer equipment from U.S. manufacturers using falsified documents about their destinations.^[3] It is alleged that between 2003 and 2006, Sudarshan was purchasing prohibited equipment for three Indian government agencies: the Vikram Sarabhai Space Centre, which researches spacecraft and ballistic missiles; Bharat Dynamics Ltd., a key agency in the nation's guided missile program; and the Aeronautical Development Establishment, which is developing the Tejas combat jet.^[4] The U.S. Commerce Department carefully restricts exports to these agencies.^[5]

“This case clearly demonstrates that the United States will aggressively investigate and prosecute those who illegally procure and export components for space launch vehicle and ballistic missile programs” said Darryl Jackson, assistant secretary for export enforcement at the U.S. Commerce Department.^[6]

Sudarshan and his company’s international sales manager, Mythili Gopal, were arrested on March 23 following joint investigations by the FBI, U.S. Commerce Department, U.S. Customs, and the INS.^[7] Sudarshan is facing a 15-count indictment, among other things they were charged with acting as “illegal agents of a foreign government” and violating the International Emergency Economic Powers Act (IEEPA) and the Arms Export Control Act.^[8]

Arms Export Control Act
The Arms Export Control Act is codified at 22 U.S.C. § 2778. Under this section it is illegal for a person to export articles which are designated on the US Munitions List without first obtaining a license or written authorization from the Department of State.^[9] The punishment for violating this section is a fine of up to $1,000,000, imprisonment for up to 10 years, or both.^[10]

We have previously discussed IEEPA in our National Security Blog, here

---

^[1] Singapore Man Accused in Shipping Scheme, AP (via Forbes.com), Apr. 5, 2007, available at http://www.forbes.com/feeds/ap/2007/04/05/ap3588198.html (last visited Apr. 5, 2007).
^[2] Top Indian official at US firm charged with shipping restricted weapons tech, Daily Times (Pakistan), Apr 5, 2007, available at http://www.dailytimes.com.pk/default.asp?page=2007%5C04%5C05%5Cstory_5-4-2007_pg7_45 (last visited Apr 5, 2007).
^[3] Forbes, supra note 1.
^[4] Id.
^[5] Id.
^[6] Daily Times, supra note 2.
^[7] Id.
^[8] Id.
^[9] 22 U.S.C. § 2778(b)(1)(A)(ii)(III).
^[10] Id. § 2778(c).

Piracy Becomes a Global Problem

The German Frigate Bremen, a frigate packed with high-tech weaponry and surveillance equipment, is a part of Operation Enduring Freedom where their mission is to combat piracy and terrorism in the high seas.^[1] They patrol off the coast of the Horn of Africa, protecting the world's most important shipping lanes through which two-thirds of the planet's oil shipments pass.^[2] These are also some of the most violent waters in the world, piracy, drug smuggling, arms and human trafficking are rampant here, the proceeds of which go to finance global terrorism.^[3]

According to the Bremen's commander, Capt. Andreas Jedlicka, this is a silent war, one where battles are fought behind radar screens and using intelligence reports. Boats are first spotted on radar, then sailors take off in the ship's two Sea Lynx helicopters to identify boats, while a 10-man specialized marine unit is on alert for boardings.^[4] On the deck, sailors man loaded heavy machine guns, and keep a weather eye on the horizon for a suicide speed boat or low flying aircraft attack.^[5] The crew must log every ship they spot, be it a massive cargo container ship or one of the traditional wooden dhows that have sailed these waters for centuries.^[6]

At present, nine coalition warships patrol 11,700 miles of coastline of 14 nations, covering 2.4 million square miles of sea. Sea borne trade is the backbone of the global economy because of its relative cheapness to air travel and the ease with which ships can transport huge quantities of goods.^[7] This is the result of a more globalized economy; the amount of goods transported through ships has quadrupled in the last 40 years, as of this writing 80 % of world trade is done through ships.^[8] However ever-opportunistic pirates have matched the shipping growth, and in the last decade piracy has tripled, and the amount of money that can be acquired through piracy is such that the risk/reward balance makes the pirates all that more daring.^[9] An attempted hijacking of a cruise liner by Somali pirates armed with assault rifles and rocket propelled grenades in 2005 is an example. See previous posts on Somali pirates, here.

The USS Cole is not the only recent terrorist incident at sea, two years after the Cole was hit, a boat exploded after ramming a French oil tanker off the coast of Yemen, killing one, and in 2004 a 1,050-passenger ferry sank off the Philippines after a bomb was detonated below decks, killing more than 100 people.^[10]

The supreme threat is still an attack against three key shipping channels, narrow sea lanes in the Middle East that, if comprimised could temporally shut down the world economy. More than 90 percent of European trade passes through either the Strait of Hormuz^[11] in the Persian Gulf, the Suez Canal or the Bab el Mandab at the of the Horn of Africa.^[12] A terrorist attack on the international trade routes is only a matter of time,^[13] and when it happens it will be so catastrophic that it would spark a two-digit oil price rise, by way of example, a $1 oil price rise costs the U.S. economy some $7.4 billion each year.^[14] For impoverished African economies that are dependent on oil imports, the costs are far more crippling.^[15]

Most pirate attacks take place inside territorial waters, close to the coast, where the coalition has no legal authority; in 2005 there were 276 attempts and hijackings, of those only 24 took place in international waters where the coalition has authority.^[16] However since piracy is a crime with a tag of universal jurisdiction, any government can legally apprehend and prosecute pirates.

The concern over violent crime on the high seas is not restricted Africa and the Middle East however. The issue of transnational organized crime in the Caribbean is also currently the focus of an OAS discussion group underway in Jamaica.^[17] The seminar which is being held in Montego Bay, March 20-22, includes the participation of justice and law enforcement officials from all English-speaking countries in Caribbean, as well as Haiti and Suriname.^[18] Along with experts from the OAS Department of Public Security and the Inter-American Drug Abuse Control Commission (CICAD), the Caribbean participants will address four specific aspects of organized crime: drug trafficking, trafficking in persons, arms trafficking and gangs.^[19]

In his opening remarks, Peter Phillips, the Minister of National Security of Jamaica, stressed the increasing internationalization of transnational organized crime, to the degree that Caribbean cultural integration of the region is being more effectively accomplished by organized criminals than by the states.^[20] Minister Phillips said that “solutions cannot be found within the traditional definitions of sovereignty, as organized crime operates truly without national borders….[we must work together].”^[21]

We have previously discussed Piracy, Arms Trafficking, Drug Trafficking, and Human Trafficking, in this blog.

---

^[1] Anthony Mitchell, Pirate patrol uses Cole as inspiration, AP (via NavyTimes.com), March 20, 2007
^[2] Id.
^[3] Id. This information was compiled by Combined Task Force 150, a 14-nation task force comprised of the U.S., U.K., France, Saudi Arabia, Denmark, Italy, Spain, Britain, Canada, Germany, Bahrain, New Zealand, Pakistan and Singapore. It is coordinated with, and incorporates vessels of, the US Navy's Fifth Fleet, under the Combined Forces Maritime Component Commander/Commander US Naval Forces Central Command in Bahrain. Since its inception, CTF 150 has been commanded by France, the Netherlands, Germany, Pakistan and is currently led by the UK.
^[4] Id.; The term “boardings” refers to the moment when pirates have subdued a ship and are boarding it to attain their loot.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] Id.
^[9] IMO website, IMO Fourth Quarterly Report, Int’l Maritime Org., Ref. T2-MSS/2.11.4.1, Feb 15, 2007.
^[10] Id.
^[11] Staright of Hormuz website, http://www.dataxinfo.com/index.htm(last visited Mar.22, 2007). The strait at its narrowest is 21 miles wide
^[12] Mitchell, supra note 1. Some 3.3 billion barrels of oil a day destined for Europe and the U.S. pass through the 18-mile, largely un-policed Bab el Mandab straits; see also http://www.converger.com/eiacab/choke.htm (last visited Mar. 20, 2007).
^[13] Dustin Dehez, Outside View: Threats in Africa, National Ledger, January 20, 2006.
^[14] Mitchell, supra note 1.
^[15] Id.
^[16] Id., see also IMO Website, supra note 9.
^[17] OAS Helping to Address Transnational Organized Crime in the Caribbean, OAS Press Release (via PressZoom), March 22, 2007. (Organized by the General Secretariat of the Organization of American States ( OAS ) and the Jamaican government, with financial support from the government of Canada.)
^[18] Id.
^[19] Id.
^[20] Id.
^[21] Id.

Baggage Handler Arms Deal Update

Earlier this week authorities arrested Thomas Anthony Munoz and Zabdiel J. Santiago Balaguer, two airline baggage handlers who allegedly used their employee uniforms and airport identification cards to enter restricted areas with a bag full of guns and drugs and then transport them via a commercial flight from Florida to Puerto Rico.^[1]

Two more men have since been arrested in connection with the same smuggling ring.^[2] Jeffrey Lorenzano Cruz and Joel Eluit Matos Cruz were arrested on Thursday, March 8, at a Sam’s Wholesale Club in Orlando after Jeffrey Lorenzano Cruz allegedly agreed to meet with an undercover agent there to sell drugs and two guns with silencers.^[3]

Jeffrey Lorenzano Cruz told authorities that Balaguer paid him $800 to take 20 pounds of marijuana to Puerto Rico in December 2006, and that drugs were received in Puerto Rico about twice a month.^[4] After his arrest, Joel Eluit Matos Cruz told authorities that his cousin paid him "a couple hundred dollars" to go with him to "take care of some business.”^[5]

Both men are charged with conspiracy to distribute a controlled substance,^[6] and Possession of firearms that traveled in interstate commerce during a drug trafficking offense.^[7] We have discussed both of these offenses and this case previously, here.

---

^[1] 2 more arrests made in airport drug-smuggling scheme in Florida, AP (via Sand Diego Union-Tribune), March 10, 2007.
^[2] Id.
^[3] Id.
^[4] Id
^[5] Id.
^[6] 21 U.S.C. § 846 (2007).
^[7] 18 U.S.C. §924 (c)(2007).

Baggage Handlers use Employee Uniforms to Bypass Airport Secutiry in Arms Deal: Munoz, Santiago Balaguer

Zabdiel J. Santiago Balaguer and Thomas Anthony Munoz, two airline baggage handlers, used their employee uniforms and airport ID cards to bypass security screeners and carry a duffel bag containing 14 guns and drugs onto a commercial flight from Florida to San Juan, Puerto Rico.^[1]

An anonymous tip to the Orlando Police Department, on Monday, March 5, led authorities to investigate the men on board the flight.^[2] Munoz was arrested as soon as he got off the plane in San Juan. Inside the duffel bag he was carrying, authorities found 13 handguns, one assault rifle and eight clear bags containing a total of 8 pounds of marijuana.^[3]

Balaguer allegedly was a middle man between Munoz and a connection in Puerto Rico as part of a weapons and drugs scheme, he had delivered guns and drugs to Puerto Rico several times in the past and allegedly offered to pay Munoz as much as $5,000 to make this delivery to Puerto Rico.^[4]

Balaguer was taken off the plane and questioned by security screeners, but released when no weapons or drugs were found on him; however he was later arrested on Tuesday, March 6.^[5] The men were both charged with the transnational crimes of conspiracy to knowingly and willfully possess with intent to distribute marijuana, and possession of firearms that traveled in interstate commerce during a drug trafficking offense.^[6]

Attempt and conspiracy to knowingly and willfully possess with intent to distribute marijuana is a crime that occurs when, any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.^[7]

Possession of firearms that traveled in interstate commerce during a drug trafficking offense, makes it a crime for any person to, during and in relation to any crime of violence or drug trafficking crime^[8] for which the person may be prosecuted in a court of the United States, uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime,^[9] be sentenced to a term of imprisonment of not less than 5 years;^[10] if the firearm is brandished, be sentenced to a term of imprisonment of not less than 7 years;^[11] and if the firearm is discharged, be sentenced to a term of imprisonment of not less than 10 years.^[12]

---

^[1] Jim Ellis, Airline baggage handlers brought guns, drugs on flight, federal officials allege, AP (via San Diego Union Tribune), March 8, 2007.
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] 21 U.S.C. § 846 (2007).
^[8] (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device)
^[9] 18 U.S.C. §924 (c)(1)(a)(2007).
^[10] Id. at §924 (c)(1)(a)(i).
^[11] Id. at §924 (c)(1)(a)(ii).
^[12] Id. at §924 (c)(1)(a)(iii).

Indonesian Marine General Admits to Arms Trafficking: Wotulo

In September, federal customs agents arrested six South Asian arms dealers who were accused of paying hundreds of thousands of dollars to ship restricted, high-tech weapons to rebels in Sri Lanka and the Indonesian Army.^[1]

Erick Wotulo, a retired Indonesian Marine Corps general, pleaded guilty yesterday to conspiracy to provide material support to a designated foreign terrorist organization and money laundering.^[2] According to his plea agreement, Wotulo conspired with others to export firearms, ammunition, surface-to-air missiles, night-vision goggles and other military weapons and gear to the Tamil Tigers.^[3]

An elaborate arms trafficking sting was set-up in Baltimore last year, where federal agents put up a Singapore arms broker at an Inner Harbor hotel and took him to a shooting range in Harford County so he could test-fire the machine guns.^[4] He met with Wotulo and confirmed a meeting in Guam where the arms would be readied for shipment. Wotulo was arrested in Guam when he, with his associates and the undercover agents, arranged for the weapons to be loaded onto a ship destined for the Tamil Tigers.^[5]

Wotulo faces a maximum sentence of 15 years in prison for conspiracy to provide material support to a terrorist group and a maximum sentence of 20 years in prison for money laundering. U.S. District Judge Catherine C. Blake scheduled sentencing for May 25, 2007.^[6]

Money laundering is crime that can be accomplished in three different ways.^[7]

The first is for a person “knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity” to conduct or attempt to conduct such a financial transaction which in fact involves the proceeds of an unlawful activity, with the intent; to promote the carrying on of specified unlawful activity;^[8]or to engage in conduct constituting a violation 26 U.S.C. §§ 7201 or 7206 (relating to the Internal Revenue Code);^[9] or knowing that the transaction is designed in whole or in part to; conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity;^[10]or to avoid a transaction reporting requirement under State or Federal law.^[11]

The second way a person can violate section 1956, is for a person to transport, transmit, or transfer, (or attempt to transport, transmit, or transfer) a monetary instrument or funds from a place in the United States to or through a place outside the United States or to a place in the United States from or through a place outside the United States, with the intent to promote the carrying on of specified unlawful activity;^[12] or knowing that the monetary instrument or funds involved in the transportation represent the proceeds of some form of unlawful activity and knowing that such transportation, transmission, or transfer is designed in whole or in part, to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity;^[13] or to avoid a transaction reporting requirement under State or Federal law.^[14]

The third and final way to violate section 1956 is for a person to have the intent to promote the carrying on of specified unlawful activity;^[15] conceal or disguise the nature, location, source, ownership, or control of property believed to be the proceeds of specified unlawful activity;^[16] or avoid a transaction reporting requirement under State or Federal law,^[17] and conduct or attempt to conduct a financial transaction involving property represented to be the proceeds of specified unlawful activity, or property used to conduct or facilitate specified unlawful activity.^[18]

We have previously discussed the crime of providing material support to a terrorist group here.

The crime of arms trafficking has been previously discussed here.

---

^[1] Matthew Dolan, Man Admits Arms Trafficking, Baltimore Sun, February 24, 2007.
^[2] Id.
^[3] A group seeking a homeland for ethnic Tamils within the nation of Sri Lanka; the Tigers have been designated a terrorist organization in the U.S. since 1997. Section 219 of the Immigration and Nationality Act states that the Secretary of State “is authorized to designate an organization as a foreign terrorist organization … if the Secretary finds that:” 1)the organization is foreign; 2)the organization engages in terrorist activity, in terrorism, or retains the capability and intent to engage in terrorist activity or terrorism; and 3) the terrorist activity or terrorism of the organization threatens the security of the US nationals or the national security of the U.S. 8 U.S.C. § 1189 (2006).
^[4] Id.
^[5] Id.
^[6] Id.
^[7] 18 U.S.C. §§ 1956, 1957 (2007).
^[8] 18 U.S.C. § 1956(a)(1)(A)(i).
^[9] Id. § 1956(a)(1)(A)(ii).
^[10] Id. § 1956(a)(1)(B)(i).
^[11] Id. § 1956(a)(1)(B)(ii).
^[12] Id. § 1956(a)(2)(A).
^[13] Id. § 1956(a)(2)(B)(i).
^[14] Id. § 1956(a)(2)(B)(ii).
^[15] Id. § 1956(a)(3)(A).
^[16] Id. § 1956(a)(3)(B).
^[17] Id. § 1956(a)(3)(C).
^[18] Id. § 1956(a)(3).