DoJ: Will AG Jeff Sessions Allow Extradition of Ricardo Martinelli?

September of 2016: Panama has sent the U.S. Department of State an extradition request for former President Ricardo Martinelli to be returned to the Central American nation, a spokesman for Panama’s Foreign Ministry said on Tuesday.

Martinelli, who is accused of using public money to spy illegally on more than 150 people, left Panama in January 2015 and is believed to be living in Miami.

The former president presided over an infrastructure boom and Latin America’s fastest economic growth in recent years but his administration was tainted by allegations of corruption. More here from Reuters.

But why should we care? Last year, a team of journalists broke the story regarding the Panama Papers and it seems some of that swamp water touches President Trump.

This is not meant to be a tattle-tale story but rather a post to brace for the next scandal propelled by media against this White House.

Brace yourself for this one.

January 2015: Miami Herald/ P

Trump’s Panama Problem

Ricardo Martinelli, the ex-president of Panama facing extradition on corruption charges, helped him launch his first international property.

By Anna Lenzer:

It was a big moment for Donald Trump.

On July 6, 2011, the future president was beaming as he celebrated the opening of his first international real-estate deal, the Ocean Club in Panama City, Panama. The flashy hotel-condo complex featured a 72-story tower that transformed the skyline of the city with its sail-shaped design. After a ceremony featuring dancers in traditional Panamanian dress, Trump stood at a podium, flanked by his two oldest sons, Don Jr. and Eric, paused during his remarks, gently leaned over and offered a special thanks to Ricardo Martinelli, the president of Panama.“You’re my friend. Great honor.”

Standing next to Trump’s children, Martinelli smiled back. The white-haired, stocky president was flattered, proud of the fact that the complex had the potential to transform his small country into a destination for the rich and famous. As they both delivered their remarks that afternoon, the sky broke open and a torrential rain flooded the streets, turning the peninsula on which the complex stood into a “swamp island.” Trump and Martinelli had to ride out through the flooded streets in their separate chauffeured SUVs.

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More than five years later, Trump has taken over the Oval Office and Martinelli is a fugitive from justice wanted on multiple corruption charges and investigations, ranging from allegedly helping to embezzle $45 million from a government school lunch program to insider trading to using public funds to spy on more than 150 political opponents, lawyers, doctors, and activists. But their paths could intertwine again very soon in what may be a thorny dilemma for the Trump administration. At the end of September, Panama’s Supreme Court asked the United States to extradite Martinelli, who left office in 2014 and now lives in exile in a luxury waterfront condo in Miami.

Panama City Skyline: Trump Ocean Club International Hotel & Tower under construction[Photo: Flickr user Bruce Dailey]

While the United States has codified policies to deny visas to foreign officials facing criminal charges in their home countries, and Trump’s recent executive order on immigration enforcement targets for removal individuals with even unresolved criminal charges, Martinelli entered the U.S. in 2015 on a visitor visa as the criminal investigations around him and his inner circle were tightening and has reportedly remained since.

Before fleeing Panama, Martinelli sat on the board of a bank that became the co-trustee for the Ocean Club, a role that left it in charge of managing funds coming in from rentals and sales, and of disbursing money to Trump, who gets millions in fees from the project. The Ocean Club has been Trump’s largest individual source of branding fees, reports the Economist, earning Trump “at least $50 million on the project on virtually zero investment,” reported the Washington Post in January.

Now, the extradition request highlights the potential conflicts of interest that have swirled around Trump: A decision that is usually made on the merits by career diplomats could be complicated by the president’s personal and business ties to Panama. Officials at the State Department could be inclined to approve the extradition, mindful of not antagonizing the current government of Panama, which exerts plenty of influence over the fate of a development that makes millions for the president’s family—or to decline the request out of their awareness of Martinelli’s support for the Ocean Club and his admiration and kind words for Trump.

How Global Deals Could Complicate Diplomacy

The Panama skyscraper was the first building outside of America to bear the Trump name, in a licensing and management deal with local development company Newland International Properties. Trump’s companies today “have business operations in at least 20 countries, with a particular focus on the developing world, including outposts in nations like India, Indonesia, and Uruguay,” according to the New York Times. An analysis of Trump’s global deals published on January 25 by the Washington Post found that the Trump name has been contracted out “to at least 50 different licensing or management deals.” As the Post explained, “for his international projects, he has done a majority of his work through licensing—where a developer who is liable for the actual cost and responsibility of the contract uses Trump’s name for their hotels. This allows Trump to spread his brand and image worldwide without actually being liable for the project.” (In addition to real estate projects, Trump has also licensed his name in branding deals for a variety of consumer products such as Trump Vodka, Trump Steaks, and Trump Menswear.)

Trump has done branding deals ranging from a suite of private mansions in the United Arab Emirates, a luxury resort and golf course in Indonesia, a since-halted project in Azerbaijan that nevertheless earned him more than $2.5 million in fees, and a number of projects in India, where the Times found he had more projects in the works than anywhere else outside of North America. Several of the Trump projects in India “are being built through companies with family ties to India’s most important political party,” reported the Times. In the Philippines, Trump’s partner in a $150 million tower in Manila was named a special envoy to the United States in October by Philippine president Rodrigo Duterte, whose war on drugs has involved the summary execution of thousands of suspected drug users and sellers.

Michael H. Fuchs, who until recently helped to oversee American relations with the Philippines as deputy assistant secretary of state, explained to the Times that “the biggest gray area may not be a President Trump himself advocating for favors for the Trump Organization. It’s the diplomats and career officers who will feel the need to perhaps not do things that will harm the Trump Organization’s interests. It is seriously disturbing.”

Ethics experts have raised concerns about the potential for these global deals to complicate international diplomacy and whether Trump will weigh his political actions against their impact on his business allies. Another concern is that foreign officials might take actions to benefit Trump’s local business in order to curry favor with the White House.

“America has been treated to reports of multi-billion-dollar projects across the planet, to photos of Mr. Trump glad-handing businessmen and to images of exotic, Trump-branded buildings standing like monuments to the decay of American ethics,” noted the Economist in November.

Despite his global financial entanglements, as Trump and his inner circle have repeatedly emphasized, the conflict of interest laws that restrain other federal employees don’t apply to the president. “As you know, I have a no-conflict situation because I’m president, which is—I didn’t know about that until about three months ago, but it’s a nice thing to have,” Trump said at his January 11 press conference. Days after his inauguration, a group of ethics lawyers filed a lawsuit against Trump claiming that his holdings violate the Constitution’s emoluments clause, which bars federal officials from taking payments from foreign governments. Trump also hasn’t released his taxes or a list of his lenders, obscuring a complete picture of his potential global conflicts.

Though Trump announced at his January 11 press conference that he would not pursue additional foreign deals while in office and that he would move his assets into a trust controlled by his children, income from the Panama project will continue to roll in.

And that makes for a potential ethical conflict for the president. As the Wall Street Journal noted recently, “if the U.S. were to get into a dispute with [Panama] during the Trump administration, it might appear that his desire to maintain this revenue stream might influence his decision making.”

International extradition requests involve both executive and judicial processes, as the State Department receives the initial request from the foreign government in question and decides if it should be passed on to the Justice Department. If it is, and an ensuing court process finds the subject of the request to be extraditable, the case goes back to the Secretary of State, who is vested with the final decision-making power over whether to authorize the extradition. As explained in a recent article in Law360 co-authored by former Justice and State Department lawyers, “the Secretary of State has ultimate discretion to determine whether the subject should be released or surrendered. In making this decision, the Secretary may take into account ‘any humanitarian or other considerations for or against surrender,’ as well as ‘written materials submitted by the fugitive, his or her counsel, or other interested parties.’”

While the Secretary of State and the executive branch are unlikely to get involved in requests to extradite the average alleged criminal, an extradition request for a former head of state will inevitably become tangled with international politics and diplomatic concerns. “It would have to get red-flagged,” says John Parry, a professor of law at Lewis & Clark Law School who has worked on extradition cases. The United States generally tries to handle the average extradition request from close allies reasonably expeditiously through the judicial system, but for “the ones that have a diplomatic or political or foreign relations angle” like a former head of state like Martinelli, Parry explains, “the political people are going to want to be involved in some way, they just are.”

If the subject of such a high-profile extradition request were a friend or associate of the president, Parry says you’d expect the president to recuse himself from the decision-making process, even instructing their Attorney General and Secretary of State not to discuss the request with him. “If the president were to get directly involved or if the president’s close advisors on behalf of the president got directly involved with the extradition, sure that would raise a conflict of interest question, I think it definitely would,” says Parry.

The Trump administration hasn’t commented on the extradition request or whether the president has been in contact with Martinelli since his election, despite repeated requests from Fast Company. Shortly after his election victory, Trump had a phone call with current Panamanian president Juan Carlos Varela, who was Martinelli’s vice-president during his 2009-2014 term, with whom he reportedly discussed regional security, commerce, and the fight against organized crime and drug trafficking. It is unclear whether they also discussed the extradition request, and Panamanian officials declined to tell Fast Company if the two leaders discussed the fate of Martinelli. When asked about the current status of the request, a spokeswoman for the Ministry of Foreign Affairs would only say that the process is in American hands. President Varela’s office did not respond to requests for comment. The U.S. Justice Department doesn’t comment on extradition requests as a matter of policy. (On February 19, Trump called Varela for another conversation about shared security concerns, and invited him to visit Washington in the months ahead.)

Despite all of his troubles in Panama, Martinelli seems confident that he remains in Trump’s good graces. The day after Trump’s victory, Martinelli tweeted his congratulations on the “triumph,” adding “God bless America.” And days before Trump’s inauguration, Martinelli tweeted an image of what he described as an “invitation” to the official Trump-Pence Inaugural Ball. (A few minutes later, after Twitter users in Panama took notice, he deleted the tweet and didn’t mention the inauguration again until the day of the ceremony, when he tweeted about what a beautiful city Washington was and how many people were in town for the event, posting similar sentiments on Facebook.) It’s not clear if Martinelli actually attended the inauguration or the inaugural ball and his spokesman declined to tell Fast Company whether the former president has been in touch with Trump or his staff since the U.S. election.

“We’ll do anything to support Trump in their mission.”

Soon after Martinelli took office in 2009, Trump became one of his biggest fans. Though there were already news reports detailing the Panamanian president’s “lack of commitment to ‘rule of law,’” per diplomatic cables released by WikiLeaks in 2010, Trump anointed the Latin American leader a “great president” in 2011 and cheered the businessman-turned-politician’s corporate style. “Frankly, we need some of that in the United States,” he told the Christian Science Monitor in Panama City after inaugurating the Ocean Club. He lionized Martinelli as a “businessman with heart,” whose leadership in Panama showed Trump “that’s why the United States is doing so poorly, because it’s not being run properly, it’s not being run as a businessman would,” he told the Monitor.

That summer, Trump’s opening of the mixed hotel and condo development on Panama City’s waterfront to which he’d licensed his name and that his management company would run marked a new frontier in his ambitions. With his name recognition exploding due to his successful TV show, The Apprentice, and dogged by a mixed record at home with some high-profile U.S. projects ending up in foreclosure or unfinished, Trump’s decision to license his name overseas was a smart move. In Martinelli’s remarks at the Ocean Club’s opening event, he lavished praise on Trump, thanking him for “allowing this wonderful building to have his name,” toured the hotel with him, told Trump that “everything you touch turns to gold,” and invited him to go sport fishing.

Eric Trump told the crowd at another opening event in July 2011 that “first it takes an unbelievable government and you just heard it—‘We’ll do anything to support Trump in their mission.’ It’s not often that you hear governments say that and it’s such a relief to come into a country that’s so pro-development.”

It was the Trump Organization’s first international real estate deal, “the one by which the rest will be benchmarked,” as Eric put it. Ivanka explained in an earlier interview with the Monitor in February 2011 that “this building is a very important bridge for us as we begin to expand internationally, not just through South America, but the world.”

Мы, как всегда, с Ваней скромно в центре событий

Trump posing with Ocean Club staffers and associates during the development’s opening ceremony in Panama City on July 6, 2011.

Despite initial fears that Trump’s inflammatory campaign rhetoric might hurt his brand, by the time he was elected president buyers were eagerly snapping up Ocean Club units in a rush—the last of the developer-controlled condos were sold at the end of 2016. The project’s developer Newland International Properties had noted under “Risk Factors” in an October 2015 debt offering document that Trump’s campaign “may negatively impact potential buyers’ perceptions of Trump Ocean Club.” But the concerns turned out to be unfounded, as “demand spiked in the weeks following Mr. Trump’s election, with buyers betting that the Trump brand will surge in value,” noted the managing director of Punta Pacifica Realty, a local sales and management company that handled many of the final deals and tracked Ocean Club sales data. In a recent press release titled “New Interest for Trump Project in Panama City,” he wrote that “since the election, PPR has seen the trend continue, with inquiries high as potential buyers investigate the impact of the Trump Effect on the building’s values.”

When The Trumps First Met Martinelli

The Trump family first met Martinelli back in 2006, when Ocean Club developer Roger Khafif invited him to an early meeting with Ivanka, Eric, Donald Jr., and a handful of local government representatives including the mayor of Panama City. “I was friends with Ricardo from way before he became president,” Khafif says, adding that he’s “known him for the last 20 years or so.” “Panama is a small country, everybody knows everybody,” Khafif says, describing that early 2006 meeting with Martinelli as more of a social networking event. Martinelli was then a prominent businessman who owned one of the biggest and most visible companies in Panama, the supermarket chain Super 99, and was also the leader of the pro-business Cambio Democrático party.

Donald Trump speaks with Panama’s President Ricardo Martinelli during the inauguration ceremony of the Trump Ocean Club in Panama City on July 6, 2011.[Photo: STR/AFP/Getty Images]

Khafif says that he had previously sold Martinelli an apartment at a smaller resort project that he’d worked on in the past, but wasn’t aware of any stake that Martinelli may have acquired in the Ocean Club.

Still, in the small world that is Panama, Martinelli’s interest in the hotel was not just personal. He was a director of Global Bank, one of the largest banks in the country, whose subsidiary Global Financial Funds became the co-trustee for the project a couple of years after the complex opened in 2011. Global Financial Funds replaced the previous co-trustee, HSBC’s Panama unit, in 2013, the same year that HSBC sold its Panamanian assets to a Colombian bank. Khafif says that Global Bank was “a bank we used to work with” before signing them on in 2013, and insisted that Martinelli “had nothing to do with” the bank’s role as co-trustee of the Ocean Club.

As co-trustee, Global Financial Funds gained a view into the project’s books and buyers, and was “supposed to make sure money was spent the right way,” as Khafif puts it. Global Financial Funds was responsible for receiving funds coming in from rentals and sales accounts and for transferring it to a disbursement account, after having reserved or paid Trump’s commission for the licensing of his name. As co-trustee, Global Financial Funds was also given custody of certain collateral related to the Ocean Club, such as the original stock certificates.

Global Bank, where Martinelli’s son Ricardo (Rica) also became a director and his wife has been listed as an alternate director, was recently singled out by the Times as being “one of three Panamanian banks whose outlook was recently revised by S & P Global to negative from stable, reflecting ‘shortfalls in regulation, supervision, governance, and transparency in the Panamanian financial system.’”

Global Bank declined to tell Fast Company if Martinelli still serves on the bank’s board or in any other capacity. There is still a Ricardo Martinelli listed on the board of Global Bank subsidiary Global Valores, which offers investment products and services, on the company’s website. (A few hours after Fast Company reached out to Global Bank and the former president’s son Rica, the bank’s webpage listing this Martinelli on the board began redirecting to another part of the company’s website.)

Corruption, Bullying, And Blackmail

The Trumps’ admiration of Martinelli appeared to be unaffected by the cascade of international news about his increasingly authoritarian and vindictive behavior, blown open by WikiLeaks’ 2010 release of U.S. diplomatic cables, in the year before the family publicly heaped praise on him. Mainstream news outlets like the Times covered these revelations published by WikiLeaks—one of Trump’s favorite sources during the U.S. election—about Martinelli in great detail starting in late 2010. According to the cables, Martinelli ruled by “bullying and blackmail,” and had threatened to stop cooperating with the United States unless American officials helped him with a wiretapping program. The cables documented U.S. Embassy officials in Panama sounding red alarms over Martinelli beginning as early as the second week of his 2009-2014 administration. That’s when, as McClatchy noted, the U.S. Ambassador to Panama presciently warned that he was “almost certain to spell trouble for Panama’s democratic institutions.”

Panama’s anti-corruption czar Angélica Maytín Justiniani said that the amount lost to corruption in Martinelli’s administration is “possibly in the billions of dollars,” and that “it’s obvious that a lot of the money is outside Panama,” McClatchy reported in 2015. She added that “we’re learning of midlevel [former] officials who have assets of $25 million and 10 properties. We never saw anything like this, even under the military dictatorship.” A Panamanian law professor and human rights activist concurred in an interview with NPR that Martinelli “did more harm to the country than even the dictatorships of the last century,” as “even the militaries, they were not able to develop the degrees and the practice of corruption like Martinelli did.”

Trump’s previous statements implying that overseas corruption was just another cost of doing business suggest that the allegations wouldn’t have raised many red flags anyway. When Walmart’s massive Mexican bribery scandal broke in 2012, Donald Trump said that the U.S. anti-bribery law that applies internationally, the Foreign Corrupt Practices Act, is a “horrible law and it should be changed.” “Every other country in the world is doing it and we’re not allowed to. It puts us at a huge disadvantage…the world is laughing at us,” he said.

A glimpse into the magnitude of that alleged corruption was revealed in federal court in Brooklyn in December, where Latin America’s largest construction company, Odebrecht, pleaded guilty in a case brought by officials in the United States, Brazil, and Switzerland involving a global bribery scheme spanning a dozen countries. Panama’s current government says that the Martinelli administration was the recipient of Panama’s share of these bribes (Martinelli’s sons have denied any involvement to the local press). On January 12, Panama’s attorney general said that Odebrecht had agreed to pay the Panamanian government more than $59 million in reparations for the bribes it allegedly paid to secure contracts between 2010 and 2014, while Martinelli was president. “The sum is the amount in bribes Odebrecht admitted paying to officials and intermediaries there in a plea agreement disclosed in December in a U.S. court,” Reuters reported. Odebrecht, along with its affiliated petrochemical firm, would pay at least $3.5 billion in penalties in the global case, the biggest penalty ever for a violation of the Foreign Corrupt Practices Act, reports the Times.

At the end of January, Panama charged and ordered the investigation of 17 people in the Odebrecht bribery case, reportedly including Martinelli’s sons Rica and Luis Enrique. And on February 14 their government said thatInterpol had issued international “red notices” for Martinelli’s sons Ricardo (Rica) and Luis Enrique in the Odebrecht case, at the request of Panama’s anti-corruption prosecutor. Some of the money was allegedly laundered through Swiss bank accounts, and such Martinelli-controlled accounts containing $22 million were reportedly frozen in the process, according to Univision.

Since fleeing Panama, Martinelli has blamed his troubles on “rigged” circumstances engineered by political enemies who are a threat to his life. In response to the Panamanian Supreme Court’s ruling demanding his detention to face the charges against him, Martinelli wrote in a letter in late 2015 that “like those now detained illegally, I’m a victim of rigged proceedings, of coerced or manufactured witnesses and it is ever more evident the violations to the presumption of innocence and due process.”

Martinelli is just one of several foreign leaders suspected of corruption abroad who have found refuge in the United States. There are explicit government policies “designed to keep the United States from becoming a haven for corrupt officials,” but a number of such officials fleeing their legal systems back home “have slipped through the cracks,” reported ProPublica in a recent article co-published with the Miami Herald, calling Martinelli “one of the most prominent cases.” Proclamation 7750, issued by George W. Bush in 2004, has the force of law and instructs the State Department “to ban officials who have accepted bribes or misappropriated public funds when their actions have ‘serious adverse effects on the national interests of the United States.’” Under these rules, U.S. officials “do not need a conviction or even formal charges to justify denying a visa,” and can do so “based on information from unofficial, or informal sources, including newspaper articles,” noted ProPublica.

In response to the article, Martinelli’s spokesman released a letter declaring that “it is wrong to say that former President Martinelli is in the United States to avoid facing these political processes. Actually having no accused status and haven’t not being [sic] formally charged, he has faced each of this [sic] processes through his attorneys as granted by our laws and constitution.” Martinelli’s letter claimed that “in Panama his life is threatened by the political persecution of President Juan Carlos Varela,” and even accused the current administration of using “torture” to extract false accusations against him. Martinelli’s team added that “there is no documentary evidence or material that links former President Ricardo Martinelli in the alleged facts.”

Despite several requests for comment, Martinelli declined to be interviewed for this story.

The American Martinelli

Trump and Martinelli’s mutual affection seems to be partly based on their status as wealthy men with political ambitions who appear to be unmoved by concerns over conflicts of interest. By 2015, Martinelli’s net worth had risen to $1.1 billion, according to the Bloomberg Billionaires Index. Aside from Super 99, he has other large holdings in media, real estate, banking, energy, and sugar, and owns a plane, two helicopters, and a yacht, according to Bloomberg. Martinelli was elected on the promise that he would run Panama as he ran his businesses. With his election in 2009, he had perfected the style of right-wing populism that Trump is selling to Americans today. Martinelli’s massive personal wealth, the campaign sales pitch went, made him the only outsider immune to influence and able to dismantle an entrenched and corrupt political establishment.

Trump’s campaign was so resonant with Martinelli’s that many Panamanians today refer to Trump as the “American Martinelli.” They even shared the same political operative, Republican strategist Alex Castellanos, who worked on Martinelli’s campaign in 2009 and guided a pro-Trump super PAC in 2016. Castellanos, a high-profile political and corporate consultant, appeared regularly on Meet the Press and CNN during the campaign as a Trump supporter (though he was a Trump critic before the nomination).

Castellanos has said that the now-fugitive leader, whom he referred to as “Panama’s version of Italy’s Silvio Berlusconi,” “was politically incorrect on the good days, ragingly out of control on others.” As with Trump, “we couldn’t hide his affluence so we celebrated it,” Castellanos explained, adding that “we used his wealth without apology, as inspiration for every Panamanian’s success.”

“One Of the Most Beautiful Buildings In The World”

The Trump Ocean Club tower that Martinelli helped to inaugurate in 2011 was heralded as the icon of Panama City’s rapidly expanding skyline–50 skyscrapers have been built around the crowded shoreline since 2007. (There is also one of Martinelli’s Super 99 supermarkets just a few blocks from the Ocean Club, to which the complex offers free shuttle service.)

[Photo: via Trump Hotels]

The Ocean Club’s official website explains that the goal was to build “the most spectacular development in Panama’s history,” and Trump called it “one of the most beautiful buildings in the world.” Trump tweeted that the building had become “Central America’s architectural icon,” announcing that “excellence has arrived to So. America.” The Ocean Club was supposed to be a kind of Elysium on the isthmus for rich expats drawn to Panama for its relaxed tax and immigration laws, and one of “the best retirement programs in the world,” according to its promotional material. Ivanka Trump explained to the Latin Business Chronicle that Panama’s incentives were “incredibly luring to international [investors], especially as we in America are being taxed to the hilt.” Ocean Club condo units are exempt from property taxes through 2031.

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Panama’s long-term global strategic importance, due to the Panama Canal connecting the Pacific and Atlantic Oceans, has also helped reassure Ocean Club buyers that the region has some degree of economic stability. Today, a third of trade coming from Asia to America passes through the canal. The country has been the key passageway for interoceanic trade going back hundreds of years to the days of the Spanish Empire, when South America’s resources like the gold and silver of the Inca empire were shipped to Spain via Panama. Martinelli had also served as chairman of the board of directors of the Panama Canal Authority and as minister of Canal Affairs from 1999 to 2003.

Trump famously outraged many Panamanians in the year before the Ocean Club opening, when he lamented that the canal had just been given back to the Panamanian people. “We gave it to Panama. We didn’t say, here, take us, pay us $100 billion over a 10-year period or 50-year period. Who are these people that are making these decisions? So, we have very bad decision-makers in this country. And this country didn’t get great by having decisions like that made,” Trump told Wolf Blitzer in 2010. In response, Panama City councillors voted unanimously to declare Donald Trump “persona non grata” in March 2011, just months before his project’s grand opening there. Panama’s Commerce and Industry Minister Roberto Henriquez said that “somebody who has 400 million dollars invested in Panama should not speak this way,” and that “I think it was a political stupidity on the part of Donald Trump,” AFP reported. After the backlash, Trump issued a rare conciliatory statement and spoke to Panamanian press, insisting that he was simply criticizing the negotiating abilities of American politicians and that “if I were from Panama, I’d try and make the same kind of a deal, I respect that.” “I paid Panama a great compliment,” he explained.

To reduce the bottleneck effect at its gates as shipping traffic and the size of container ships increased over the years, Panama announced plans for a $5.2 billion expansion of the canal in 2006—on the same day that the Trump Ocean Club was launched in New York City. The canal expansion was another important marketing tool for the development, signaling Panama’s continued economic desirability. “Panama is amazing. It’s thriving. You know why? The canal is doing so well, and they’re now expanding the Panama Canal,” Trump told CNN. “Home to the number one shipping and trade canal in the world,” Ocean Club promotional material explained.

Panama’s location connecting South and Central America—and the vast, swampy and notoriously lawless Darién Gap border region with Colombia—has also raised persistent security concerns since it has served as a key conduit for smuggling for decades. Former U.S. Ambassador Barbara Stephenson noted the arrest of Martinelli’s second cousin Ramon Martinelli in Mexico for his role in a drug smuggling ring that was transporting up to $30 million a month through Panama’s Tocumen International Airport, McClatchy noted. President Martinelli later told Stephenson, according to the cable, that Ramon was the “black sheep” of the family and that his government would have arrested him if Mexico didn’t.

Panama’s status as a nexus of drug smuggling, money laundering, and strategic importance were notoriously embodied in former Panamanian dictator Manuel Noriega, a paid CIA asset whose nefarious activities prompted President George H. W. Bush to launch Operation Just Cause, the invasion of Panama in late 1989 that involved tens of thousands of U.S. troops. Noriega was under indictment in Florida on drug trafficking charges before the invasion, and after his capture and arrest in Panama, he was taken back to the United States and sentenced to 40 years in prison (later reduced to 30) on drug trafficking, money laundering, and racketeering charges. He was the first foreign head of state to be convicted on criminal charges in a U.S. court. (In 2010, Noriega was extradited to France on further money laundering charges, where he received a seven-year sentence, but in 2011 was extradited back to Panama to serve a sentence there for the murder of opponents during his rule.)

While Trump constantly raged against “globalists” during his presidential campaign, the Ocean Club was meant to be a magnet for precisely the kind of borderless flow of money that he now loves to criticize. (Panama also has the second-largest free-trade zone on Earth, after Hong Kong, a fact highlighted in the Ocean Club’s sales pitch.) Panama has been a pillar of globalization for hundreds of years, in recent decades known as one of the world’s premier “money laundries” for its facilitation of opaque international financial transactions and corporate confidentiality laws. (The new government of Panama says that it is implementing greater transparency laws, though as President Varela admitted to the Times last year, “under previous governments, Panama was no doubt a target of money launderers.”)

Real estate in Panama City was booming in part because of all the dirty money flowing in from around the world. As a U.S. Embassy cable from 2007 released by WikiLeaks noted, “ultimately, real estate projects financed by the proceeds of criminal activity distort the market for legitimate developers and create excess supply, which may be why 20,000 luxury apartments are projected to be available in Panama City between now and 2010.” Pointing out the city’s noticeably dark skyline, photographer Paolo Woods told the Times in 2015: “What’s amazing is most of the skyscrapers are dark,” adding that “they’re just there to launder money.”

As the BBC put it in 2014, “the Russian mafia is believed to control some prime real estate in Panama City while the Sinaloa Cartel— perhaps the most powerful drug-trafficking organization in the world—brings its cocaine from Colombia via Panama on its route north.”

Some international buyers of Trump Ocean Club units were assisted by Panamanian law firm Mossack Fonseca with the creation of accompanying offshore shell companies set up to facilitate those purchases, according to emails released in last year’s infamous Panama Papers leak. One of the firm’s principals, Ramon Fonseca, also served as an advisor to then-President Martinelli. On February 9, Fonseca and the co-head of the firm, Jürgen Mossack, were taken into custody and denied bail by Panamanian authorities as part of the government’s investigation into the Odebrecht bribery scandal. The firm is just one of many other law firms and lawyers who assisted buyers of Trump Ocean Club units with creating such offshore entities, according to Panamanian corporate records. The leaked emails show the Ocean Club development company’s COO initiating contact with and offering to cover travel expenses for Mossack Fonseca lawyers, McClatchy reported.

(Panamanian shell companies have also been a popular vehicle for buyers of luxury Trump properties back home. As Forbes reported in a story about money laundering in 1986, “once the money enters the banking stream through shady banks, it is indistinguishable from other money. For example, fully one-third the apartments in Manhattan’s super-expensive condominium Trump Tower are owned by foreign corporations, mostly from Panama and the Netherlands Antilles.” Among these Panama-routed early Trump funds were those of Haitian dictator “Baby Doc” Duvalier, who famously acquired a foothold in Trump Tower in 1983, the year it opened, when his very close friend and family decorator purchased a unit. The condo, then worth $1.65 million, was paid for under cover of a Panamanian shell company, according to a 1986 lawsuit filed in the U.S. by the Haitian government.)

While marketing the Ocean Club to the global jet set crowd, the building’s sales team put extra emphasis on Russian investors looking to park cash overseas, and held Russian marketing events around the world from Moscow to Mar-a-Lago. As the Times put it in an examination of Trump’s Russian forays on January 16, “he discovered that his name was especially attractive in developing countries where the rising rich aspired to the type of ritzy glamour he personified.” Panama City became one of the preferred Trump projects for Russian investors looking to move their money offshore, offering a more affordable South Florida-type lifestyle with relaxed tax and immigration laws, and stable property rights. (The Trump brand also became popular in places like “Little Moscow” in South Florida, where as the Post reported in November, “Russians helped Donald Trump’s brand survive the recession.”) As the Trump Organization’s chief counsel told the Post, “there’s newfound wealth in Russia,” and “any developer is going to where you have a chance of selling your product.”

The “newfound wealth” that he was referring to included the vast amounts of cash that had long been pouring out of Russia’s chaotic post-Soviet economy, capital flight that is today estimated to have exceeded $1 trillion. This newfound Russian wealth became a valued part of the Trump Organization’s sales of condos, with Donald Trump Jr. noting in 2008 that “Russians make up a pretty disproportionate cross-section of a lot of our assets. We see a lot of money pouring in from Russia.

Aside from global players, the Trump Ocean Club also became a favorite of Panama’s domestic elite, and hosted a number of high-profile Martinelli-attended events. Wharton’s Global Forum Panama featured a one-on-one discussion with Martinelli, and he attended Forbes magazine’s launch party for its Central American edition as a VIP guest. “Panamanians still talk about the lavish wedding of Martinelli’s private secretary, Adolfo ‘Chichi’ de Obarrio a year later [in 2013] at the luxury Trump Ocean Club,” attended by Martinelli and members of the ruling party, reported McClatchy in early 2015. The reporter noted that “de Obarrio, who hadn’t yet turned 30, was gatekeeper for nearly all government purchases and a friend of Martinelli’s son,” and that his wedding at Trump’s Ocean Club featured a “massive fireworks display.”

As the criminal investigations around his inner circle started to close in in early 2015, Martinelli fled Panama for his waterfront luxury condo in Miami, in a 20-story building made famous for its appearances in Scarface and on Miami Vice. Later that year, he set up a Florida company called White Shark Developments LLC. A few days after its incorporation, he tweeted that a visa was required to stay in the United States for up to 180 days, unless you invest at least $500,000 to get an investor visa.

Martinelli has remained an active presence on Twitter from his American sanctuary, where he has denied all wrongdoing. In an interview with Bloomberg reporters at a Miami cafe in 2015, he said that his political opponents “are so afraid of my tweets,” warning, “look what happened in the Arab Spring.” Martinelli was stripped of his immunity to criminal prosecution in 2015, and at the end of September the government of Panama asked the United States to extradite him to face the corruption and illegal spying charges.

Ocean Club Condo Owners To Trump’s Team: You’re Fired

Back in Panama, the Trump Ocean Club had its own legal meltdown. In 2010, Trump said that the units were “selling like hotcakes.” But just a few months after the tower’s 2011 inauguration, the project’s developer defaulted on the debt and later declared bankruptcy. By 2015, the condo owners voted to fire the Trump management team, citing “more than $2 million in unauthorized debts, paying its executives undisclosed bonuses, and withholding basic financial information from owners,” reported the Associated Press.

The condo owners’ board said that the Trump team had pulled all of this off by what the AP described as “fine print chicanery.” Trump’s management company refused to accept being fired, then announced that it was quitting and demanded a $5 million termination fee. The AP then broke the news a month later that Trump had filed a confidential claim with the Paris-based International Chamber of Commerce arbitration court demanding up to $75 million, asserting that his management team had been wrongfully fired. (The Washington Post reported in January that the dispute had ended in a confidential settlement.) Trump’s team is still managing the hotel portion of the Ocean Club, for which it has a 40-year contract.

As the AP put it, “the Trump Organization’s adventures in Panama provide a window into how these traits have filtered into his business empire—and the style of management that could be expected in a Trump White House. Transparency and close attention to expenses are not strengths. Squeezing the most from contractual language is.” One retired American doctor who had purchased a unit told the AP that “I thought it was pretty safe, because we had Trump involved,” but that he’d since realized that “he’s a predatory businessman.”

The last time a member of the Trump family appears to have visited Panama City was in December 2015, when Eric Trump travelled there to attend the Ocean Club’s fourth anniversary party and “to strengthen and support the plans to improve the property in the near future,” according to a press release. In an interview with the AP that fall, the president’s son dismissed the troubles inside the building as a sideshow to what the Ocean Club was really about–“an amazing icon and, frankly, a great testament to America.”

Meanwhile, Martinelli spends his time in Miami meeting friends, posting photos of himself working out at the gym, mocking current Panamanian president Varela, sharing his favorite songs like the Bee Gees’ “How Deep Is Your Love” on Facebook, and fulminating on social media about his political enemies. But he hasn’t mentioned Trump on Facebook or Twitter since the inauguration.

Ding: After 2 Years, Tea Party Targeting 6,924 Documents Found

Republicans want to know why Trump hasn’t fired the IRS head

*** and so do I…

FNC: Nearly two months into the Trump administration, the IRS commissioner House Republicans once threatened with impeachment remains on the job.

John Koskinen’s continued tenure may be surprising, considering how aggressively Republicans went after him under the Obama administration. But despite a sustained push by congressional Republicans to oust the IRS chief before his five-year term expires this November, President Trump so far has made no move to do so.

Just last week, Koskinen was seen in the Capitol and told Fox News he was there to meet with “old friends.” Asked if he intended to stay on as commissioner during the Trump administration, Koskinen simply said, “They haven’t talked to me.”

A White House official, asked about the commissioner’s future, also told Fox News on Wednesday they had no personnel announcements “at this time.”

House Republicans aren’t giving up their quest to show Koskinen the door.

“President Trump should fire Commissioner Koskinen and replace him with someone that will bring integrity and competence to the IRS,” House Judiciary Committee Chariman Bob Goodlatte, R-Va., told Fox News on Tuesday.

Just days after Trump took office, Republican Study Committee Chairman Mark Walker, R- N.C., along with 53 other House Republicans, also wrote a letter asking the new president to remove Koskinen.

“The consideration of the impeachment of IRS Commissioner John Koskinen in the House in late 2016 was a clear indication that Congress and the American people have no confidence in Commissioner Koskinen or his ability to discharge his duties,” Walker wrote, nudging the president by citing statutory language giving him authority to strip Koskinen of his title. Doing so, he claimed, would “restore the credibility” of the federal tax authority.

“We have not received a response to our letter,” an aide at the Republican Study Committee told Fox News. “We understand, however, the administration remains busy putting its team in place, and we look forward to its response.”

A White House spokesperson told Fox News they received the January letter and “are currently reviewing it.”

Rep. Ron DeSantis, R-Fla., reportedly also asked Vice President Mike Pence at the GOP retreat in Philadelphia if he would seek Koskinen’s resignation. According to the report, the vice president told the congressman he would look into the matter and follow up with him the next week.

SEKULOW: KOSKINEN SHOULD RESIGN

Neither DeSantis’ nor the VP’s office responded to Fox News’ request for comment on whether there was any follow-up.

But DeSantis issued a statement to Fox News saying: “The IRS will not be reformed under Koskinen’s leadership and I urge [Treasury] Secretary Mnuchin and President Trump to take action to replace Koskinen with someone willing to reform this troubled agency.”

An IRS spokesperson told Fox News, “The Commissioner remains focused on the important tax administration work being done at the IRS, including a successful start to the nation’s tax season.”

GOP angst toward Koskinen stems from claims he obstructed their investigation of the targeting of Tea Party and other conservative groups before he was commissioner. The matter culminated at the end of 2016, when the full House turned back an attempt to impeach him.

The controversy itself hasn’t died off. Judicial Watch said Wednesday that the IRS reported to a U.S. District Court that it located an “additional 6,924 documents of potentially responsive records” relating to the FOIA lawsuit on the targeting scandal.

Goodlatte said it’s “outrageous” that “years have gone by” and no one at the IRS has been held accountable for the targeting.

At the IRS, the commissioner serves a five-year term—this, after a statute was added in 1998 in a bid to maintain continuity for the American people throughout the tax season in the first year of a new presidency.

Koskinen’s term is set to end Nov. 13, unless the president were to remove him.

Charles Rossotti, an IRS commissioner under then-President Bill Clinton and the first to serve the five-year term, defended the importance of the statute — telling Fox News while the head of the IRS is a political appointee, he or she is only in charge of administering the tax code.

“If you’re going to run an agency as huge as the IRS, you need time and continuity to make improvements, so the distinction was made as an administrative leadership management position as opposed to a policy position,” Rossotti said, citing the “demanding” situation that surrounds the April tax deadline. “You really wouldn’t want to have no commissioner when the administration changes just two months before Americans file their returns.”

While Koskinen is a favorite target of congressional Republicans, he and Trump do have a history.

In 1975, when the future president reached an agreement to purchase New York’s Commodore Hotel from the bankrupt Penn Central Transportation Company, Koskinen handled the sale of the properties in his capacity as vice president of consulting firm the Palmieri Company, according to a New York Times article.

The purchase was one of Trump’s first major real estate deals.

Fox News asked the White House for comment on the president’s relationship with Koskinen. “We don’t comment on the President’s personal relationships,” a White House spokesperson responded in an email.

Republicans and conservative groups alike say it would be “frustrating” to keep Koskinen through the end of his term.

But Rossotti defended both Trump and Koskinen.

“When I did the transition to Bush, if someone had come to me and said, ‘look, we don’t want you here,’ I wouldn’t have stayed,” Rossotti said. “But anybody sensible would look at this situation and decide there are a lot of people who need to file their tax returns next month.”

*** Meanwhile..

Two Years Later, IRS Locates 6,924 Documents Related to Tea Party Targeting

Agency will not commit to a timeframe to make the documents public

FreeBeacon: The Internal Revenue Service has located 6,924 documents potentially related to the targeting of Tea Party conservatives, two years after the group Judicial Watch filed a Freedom of Information Act lawsuit for them.

The watchdog group intended to find records regarding how the IRS selected individuals and organizations for audits that were requesting nonprofit tax status.

The agency will not say when it will make the documents available to the public.

“At this time, the Service is unable to provide an estimate regarding when it will complete its review of the potentially responsive documents,” the agency said. “The Service will begin producing any non-exempt, responsive documents by March 10, 2017, and, if necessary, continue to produce non-responsive records on a bi-weekly basis.”

Tom Fitton, president of Judicial Watch, is calling on President Trump to clean house at the agency.

“The corruption at the IRS is astounding,” Fitton said in a statement. “Our attorneys knew that there were more records to be searched but the Obama IRS ignored this issue for years. President Trump needs to clean house at the IRS as quickly as possible.”

Jewish Center Bomb Threats Includes the US and UK

WASHINGTON: Scotland Yard and the Federal Bureau of Investigation are investigating more than a hundred bomb threats made to Jewish groups in the United States and Britain since Jan. 7, U.S. and UK law enforcement and Jewish community officials said.

Investigators said there is evidence that some of the U.S. and British bomb threats are linked. According to people in both countries who have listened to recordings of the threats, most of the them have been made over the telephone by men and women with American accents whose voices are distorted by electronic scramblers.

Waves of threats against U.S. Jewish groups – including community centres, schools, and offices of national organizations such as the Anti-Defamation League (ADL) civil rights group – have been followed within hours by similar but smaller waves against Jewish organizations, mainly schools, in Britain, Jewish community representatives in both countries said.

FBI officials in Washington confirmed that the agency is investigating the threats against U.S. Jewish organizations. Sources in Britain’s Jewish community said London’s Metropolitan Police, otherwise known as Scotland Yard, is conducting its own investigation and collaborating with the FBI.

Scotland Yard did not immediately respond to an email requesting comment.

Some of the most recent threats were called in Tuesday to ADL offices in Atlanta, Boston, New York, and Washington. White House spokesman Sean Spicer said President Donald Trump’s administration would “continue to condemn them and look at ways to stop them.”

NO BOMBS FOUND

The threats, 140 of them in the United States alone, according to Jewish community leaders, usually have involved callers claiming that improvised explosive devices have been placed outside the buildings that have been threatened.

However, no homemade bombs have been found outside any of the threatened premises in either the United States or the UK, community officials said.

Earlier this month, all 100 U.S. senators signed a letter to Homeland Security Secretary John Kelly, Attorney General Jeff Sessions and FBI Director James Comey expressing concern that the wave of threats will put innocent people at risk and threaten the finances of Jewish institutions.

Federal prosecutors in Manhattan filed charges against Juan Thompson, a former writer for the investigative website The Intercept, earlier this month alleging that he was responsible for at least eight threats emailed to Jewish community centres as “part of a sustained campaign to harass and intimidate” a woman with whom he had a romantic relationship.

The Intercept, a news website, had fired Thompson months earlier for allegedly fabricating quotes.

Jewish community officials in the United States and Britain said they think the threats that investigators linked to Thompson were not related to the larger campaign against Jewish organizations in their countries.

*** Did some of it begin with the money Obama gave to the Palestinian Authority? This is not confirmed by a long stretch yet it must be part of the discussion. Was this another set-up plot by the previous administration?

***

State Department: Obama money reached Palestinian Authority
State Department confirms that millions which Obama earmarked for PA reached its destination, despite Republican efforts to the contrary

One of the first decisions the Trump government took after becoming President was to freeze $220.3 million that his predecessor President Obama earmarked for the PA just before he left the White House.

However, the State Department has confirmed that Obama’s money has reached its destination. Acting State Department spokesman Mark Toner said last night (Wednesday) in a press briefing that the money was mostly for humanitarian purposes in the Palestinian Authority and Gaza, and in part used to pay Israeli creditors of the PA.

“None of the funding was to go directly to the Palestinian Authority,” stressed Toner in response to questions on the subject.

At the same time, Toner criticized the conduct of UNRWA: “UNRWA is obviously something where …we’ve been very vocal about our concerns given some of the allegations … some of UNRWA’s programs and how it’s spent or used some of its funding…we certainly made those concerns clear to UNRWA’s leadership.”

The disbursal was one of President Obama’s last acts in the White House, and it was approved just hours before the exchange of Presidents.

Congress authorized the transfer amount to the PA, but at least two Republican lawmakers acted to prevent the fund transfer, due to PA actions attempting to join UN organizations as a sovereign entity.

State Department officials said they decided to delay executing the transfer until the new Secretary of State entered office – and it was assured that any funds transfer was consistent with the priorities of the Trump government.

As of now, at least according to Toner’s testimony, the frozen money ultimately was transferred to the PA.

*** It is curious that the Palestinian Authority has 20 embassies including one in Washington DC. and they needed the money. Mahmood Abbas is worth an estimated $100 million and his sons are also millionaires. Meanwhile, the PA continues to provide aid and support to terrorists.

Palestinian Authority President Mahmoud Abbas vowed to “make every effort to end the suffering of our heroic brothers and release them from the occupation’s prisons so they can take part in building the homeland for which they sacrificed,” the Middle East Media Research Institute (MEMRI) reported on Wednesday.

***

A new Palestine Liberation Organization (PLO) youth camp will be named after the terrorist who orchestrated the deadliest attack ever carried out in Israel.

The PLO’s Supreme Council for Youth and Sports announced it will honor Dalal Mughrabi, the female Palestinian behind the bloody March 11, 1978 Coastal Road Massacre, in which terrorists hijacked a bus on the highway near Tel Aviv and embarked on a rampage with Kalashnikov rifles, mortars, grenades and explosives. Thirty-eight Israeli civilians were murdered, including 13 children, and 71 others were wounded.

Kinda all fits, or at least the discussion needs to continue as do the investigations.

 

 

Maxine Waters, Assata Shakur/Joanne Chesimard and Fidel Castro

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

What Congresswoman Maxine Waters neglected to mention in her letter to Fidel Castro was the resolution by the 105th Congress in 1998. Read the two page document here.  In the end, Waters is cool with prison escape and murder? Further, Governor Christie of New Jersey wrote a letter to then president Barack Obama in 2014 asking that he demand extradition of Joanne Chesimard, which too went unheeded. Maybe we should ask Maxine about her thoughts on the Black Liberation Army, as in 1979, members of the Black Liberation Army helped Chesimard break out of prison.

Rep. Maxine Waters led another of her delegations to Havana, to attend a “U.S. Healthcare Exhibition.”  So, who is/was Joanne?

JOANNE DEBORAH CHESIMARD/FBI

Act of Terrorism – Domestic Terrorism; Unlawful Flight to Avoid Confinement – Murder

DESCRIPTION 

Aliases: Assata Shakur, Joanne Byron, Barbara Odoms, Joanne Chesterman, Joan Davis, Justine Henderson, Mary Davis, Pat Chesimard, Jo-Ann Chesimard, Joanne Debra Chesimard, Joanne D. Byron, Joanne D. Chesimard, Joanne Davis, Chesimard Joanne, Ches Chesimard, Sister-Love

Chesimard, Joann Debra Byron Chesimard, Joanne Deborah Byron Chesimard, Joan Chesimard, Josephine Henderson, Carolyn Johnson, Carol
Brown, “Ches”

Date(s) of Birth Used: July 16, 1947, August 19, 1952 Place of Birth: New York City, New York

Hair: Black/Gray Eyes: Brown

Height: 5’7″ Weight: 135 to 150 pounds

Sex: Female Race: Black

Citizenship: American Scars and Marks: Chesimard has scars on her chest, abdomen, left

shoulder, and left knee.

REWARD

The FBI is offering a reward of up to $1,000,000 for information directly leading to the apprehension of Joanne Chesimard.

REMARKS

Chesimard may wear her hair in a variety of styles and dress in African tribal clothing.

CAUTION

Joanne Chesimard is wanted for escaping from prison in Clinton, New Jersey, while serving a life sentence for murder. On May 2, 1973,

Chesimard, who was part of a revolutionary extremist organization known as the Black Liberation Army, and two accomplices were stopped

for a motor vehicle violation on the New Jersey Turnpike by two troopers with the New Jersey State Police. At the time, Chesimard was wanted

for her involvement in several felonies, including bank robbery. Chesimard and her accomplices opened fire on the troopers. One trooper was

wounded and the other was shot and killed execution-style at point-blank range. Chesimard fled the scene, but was subsequently

apprehended. One of her accomplices was killed in the shoot-out and the other was also apprehended and remains in jail.

In 1977, Chesimard was found guilty of first degree murder, assault and battery of a police officer, assault with a dangerous weapon, assault

with intent to kill, illegal possession of a weapon, and armed robbery. She was sentenced to life in prison. On November 2, 1979, Chesimard

escaped from prison and lived underground before being located in Cuba in 1984. She is thought to currently still be living in Cuba.

SHOULD BE CONSIDERED ARMED AND DANGEROUS

If you have any information concerning this person, please call the FBI Toll-Free tip line at 1-800-CALL-FBI (1-800-225-5324). You may also

contact your local FBI office , or the nearest American Embassy or Consulate.

Field Office: Newark

ATF is an Agency with Rogue Operations on Cigarettes?

Primer: In deference to the ATF, it is known with historical cases that tobacco smuggling does fund terror, see document at end of post)

In 2013, Sixteen Palestinian men, some with ties to convicted terrorists, were indicted in a scheme of cigarette smuggling that spanned New York, Maryland, Delaware, Virginia and New Jersey states. Some of them had ties to known terrorist organizations. See the official case here.

A.T.F. Filled Secret Bank Account With Millions From Shadowy Cigarette Sales

Charlie Batten, a fifth-generation tobacco farmer and U.S. Tobacco Cooperative Inc. board member, at his farm in Four Oaks, N.C. The co-op negotiated a deal to buy a tobacco distribution company whose owners had secret ties to the Bureau of Alcohol, Tobacco, Firearms and Explosives. Credit Jeremy M. Lange for The New York Times

NYT’s/WASHINGTON— Working from an office suite behind a Burger King in southern Virginia, operatives used a web of shadowy cigarette sales to funnel tens of millions of dollars into a secret bank account. They weren’t known smugglers, but rather agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The operation, not authorized under Justice Department rules, gave agents an off-the-books way to finance undercover investigations and pay informants without the usual cumbersome paperwork and close oversight, according to court records and people close to the operation.

The secret account is at the heart of a federal racketeering lawsuit brought by a collective of tobacco farmers who say they were swindled out of $24 million. A pair of A.T.F. informants received at least $1 million each from that sum, records show.

The scheme relied on phony shipments of snack food disguised as tobacco. The agents were experts: Their job was to catch cigarette smugglers, so they knew exactly how it was done.

Government records and interviews with people involved reveal an operation that existed on a murky frontier — between investigating smuggling and being complicit in it. After The New York Times began asking about the operation last summer, the Justice Department disclosed it to the department’s inspector general’s office, which is investigating. The inspector general “expressed serious concerns,” court records show.

The investigation and the looming racketeering trial will bring renewed scrutiny to the A.T.F., which has been buffeted in recent years by the botched gun-tracking operation known as Fast and Furious and its mismanagement of undercover investigations. Members of Congress, particularly Republicans, have heaped criticism on the agency for decades, and the National Rifle Association has lobbied to limit the agency’s authority and funding.

While government auditors have previously cited problems with A.T.F.’s tobacco investigations, this operation went beyond what was identified in that audit, released in 2013. The A.T.F. and the Justice Department declined to comment.

Documents in the racketeering lawsuit outline the A.T.F. operation. The tobacco cooperative is suing a former employee and a consultant who, according to court documents, both worked as A.T.F. informants. The informants have denied all wrongdoing.

Discarded cigarettes at a U.S. Tobacco manufacturing plant in Timberlake, N.C. The U.S. Tobacco co-op is made up of about 700 tobacco farmers who pool their crops and share the profits. Credit Jeremy M. Lange for The New York Times

Part of their defense, records show, is that they acted on behalf of the government. In response, a judge recently added the United States government as a defendant.

Since last summer, The Times has fought to make all the documents public, but the Justice Department has argued successfully in court to keep them secret. Crucial details, however, have been revealed through poor redaction, documents that were filed publicly by mistake and the sheer difficulty of keeping so much a secret for so long.

Buying Into an Operation

In spring 2011, U.S. Tobacco Cooperative was looking to expand its distribution network. The co-op is made up of about 700 tobacco farmers — from Virginia to Florida — who pool their crops and share the profits. Based in Raleigh, N.C., the company is a major exporter to China and produces discount-brand cigarettes including Wildhorse, Traffic and 1839.

“These are really, really good people,” said Stuart D. Thompson, the cooperative’s chief executive. “Every year, they take all their chips. They put them on the table, and they hope they get them all back.”

They also had an existing secret relationship with the A.T.F., records show.

The two men have filed court documents acknowledging “participation in undercover law enforcement activities.” And a judge’s sealed order, which is publicly available online, revealed that the two men worked “on behalf of various government agencies, primarily the Bureau of Alcohol, Tobacco, Firearms and Explosives.”

Photo

Jason Carpenter and Christopher Small, who owned Big South Wholesale in Bristol, Va., have acknowledged participating in undercover law enforcement operations.

The basics of cigarette smuggling are simple. Each state sets its tobacco taxes. Buying cigarettes in low-tax states, like Virginia, and secretly selling them in higher-tax states, like New York, generates large profits. More complicated schemes have shipped cigarettes to Indian reservations, where they are not taxed, then rerouted them for sale on the black market.

A.T.F. agents try to disrupt these networks. Often that means working with informants to buy and sell tobacco on the black market, much the way agents pose as drug dealers to investigate cartels.

Because so much of the case remains sealed, Mr. Carpenter and Mr. Small are prohibited from answering questions about nearly every aspect of the case. “Everything we did that is being attacked now in litigation, we did in good faith,” they said in a statement.

Photo

Stuart D. Thompson, chief executive of U.S. Tobacco, on the manufacturing floor of the plant in Timberlake, N.C. Credit Jeremy M. Lange for The New York Times

Exactly who at U.S. Tobacco knew about their A.T.F. ties and what they knew are a matter of dispute. But there were signs that Big South was not a simple tobacco distributor. Its assets included more than two dozen vehicles, including expensive S.U.V.s and a fleet of Mercedes, B.M.W., Audi, Lexus and Jaguar sports cars.

Early 2011 was a time of intense pressure inside the A.T.F. The agency was under fire from Congress over the Fast and Furious operation, in which agents allowed gun traffickers to buy weapons and ship them to Mexico, hoping the shipments could lead them to major weapons dealers. Justice Department auditors began scrutinizing how A.T.F. agents managed their tobacco smuggling investigations.

With that audit continuing, the A.T.F. issued new rules to tightly monitor undercover investigations. Soon after those rules went into effect, U.S. Tobacco completed its purchase of Big South for $5.5 million, a deal that gave Big South the authority to buy and sell cigarettes on behalf of the cooperative. Almost immediately, the farmers say, Mr. Carpenter and Mr. Small began defrauding them.

It worked like this: An export company working with the A.T.F. placed an order for cigarettes to be shipped internationally — thus not subject to American taxes. Big South would instead ship bottled water and potato chips, making it look as if cigarettes had been exported. Mr. Carpenter and Mr. Small would then buy the tobacco at a slight markup through a private bank account. Lastly, they would sell the tobacco to Big South, again at a markup.

“It’s what I saw with my own eyes,” said Brandon Moore, the warehouse manager and one of the people who discussed the transactions in the case. Their accounts fit with descriptions in court records.

Mr. Moore said he was aware of the A.T.F. operation but became troubled by it as he learned more. “It shouldn’t be going on, even if it is the A.T.F.,” he said.

In one deal described in the lawsuit, the informants bought tobacco at $15 a carton and sold it to U.S. Tobacco at $17.50. The profit, about $519,000, went into what was known as a “management account.” That account, while controlled by Mr. Carpenter and Mr. Small, helped pay for A.T.F. investigations.

Mr. Moore, the warehouse manager, said agents often told him what to buy on the company’s credit card. For instance, he recalled spending tens of thousands of dollars at Best Buy on iPads, televisions and other gifts to curry favor with potential criminal targets.

Photo
A testing room at U.S. Tobacco’s Timberlake facilities, where buyers can sample types of tobacco. Credit Jeremy M. Lange for The New York Times

Mr. Carpenter and Mr. Small have also acknowledged in court documents receiving more than $1 million each, though it is not clear from public documents whether that was profit or reimbursement for expenses paid on behalf of the government.

How that arrangement began is unclear. Ryan Kaye, an A.T.F. supervisor, testified that the management account was created “as a result of verbal directives from the A.T.F. program office and other headquarters officials.” Mr. Kaye’s full statement is sealed, but excerpts are cited in one publicly available document.

The defendants in the lawsuit contend that U.S. Tobacco got a good deal on the cigarettes, even at the prices they paid. The farmers tell a different story, saying they never would have purchased Big South if they understood that Mr. Carpenter and Mr. Small had a side arrangement that involved selling them tobacco at inflated values.

The arrangement began to break down in late 2012, when Mr. Thompson joined U.S. Tobacco as the chief financial officer. He was curious why his warehouse was placing so many orders for a brand of cigarette that competes against U.S. Tobacco. He could not get a straight answer, the company said in court documents.

In March 2013, Mr. Moore picked up the phone, called Mr. Thompson and explained what was happening. “I did what I did because of the ethics of it,” Mr. Moore said recently. “What was happening there was wrong.”

Once U.S. Tobacco discovered the bookkeeping irregularities, it reported them to the Justice Department, which investigates white-collar crime and government misconduct. Records show that the Justice Department, which includes the A.T.F., investigated some aspects of the case but no charges were filed.

“We voted unanimously to give everything we had to the government,” said Charlie Batten, a U.S. Tobacco board member whose family has worked the same North Carolina soil for generations. “We thought they would take it and run with it. What happened was, they’ve fought us tooth and nail.”

Because of the sealing order, Mr. Thompson, Mr. Batten and others are prohibited from discussing what happened to the money — even with their own farmers.

Three years into its lawsuit, U.S. Tobacco still cannot disentangle itself from the government. The cooperative recently told a judge that it was under investigation by the Treasury Department.

All those secret tobacco sales, it turns out, should have been taxed. And the government wants its money.

****

House Homeland Security Committee: Tobacco and Terror: How Cigarette Smuggling is Funding our Enemies Abroa… by stoptobaccosmuggling on Scribd