COLOMBIAN GOLD
New Yorker, August 15, 1994
ANNALS OF JUSTICE There are millions of cocaine dollars floating through New York’s Little Colombia, and their trial has led the feds to a new way to fight the drug war.
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BY FREDRIC DANNEN
JOHN SCACCIA, a New York City police detective with a long ponytail, five earrings, and a gold necklace, who goes by the nickname Scazz, is a veteran of the drug war. In December, 1989, he and another undercover cop met with two cocaine dealers on New Lots Avenue in East New York to make a purchase. Instead, two armed robbers working in league with the coke dealers tried to kill Scazz and his partner and take their money. “Boom, boom, boom! It was like fireworks,” Scazz recalls. “When the smoke cleared, there were thirty-five rounds fired by all four of us—me and my partner and these two mutts.” The other cop was hit in the leg and permanently disabled, but Scazz escaped harm, and today he continues to fight in the drug war, but on a different front—one that is less dangerous and may be a good deal more effective.
On a recent Friday afternoon, Scazz, acting on a tip, drove his unmarked car around a peaceful neighborhood in Queens, tailing a husband and wife in an old Toyota. As the couple, who were both in their fifties, pulled up to their apartment house, Scazz jumped out of his car, approached them, and asked for identification, on the pretext that the Toyota had a broken tail-light and a cracked mirror. The woman, visibly nervous, opened a leather satchel to fish for her purse. Inside the satchel, in neat stacks of twenties, fifties, and hundreds bound with rubber bands, was close to a hundred thousand dollars.
“Oh, now we got a problem,” Scazz said.
The cash belonged to drug traffickers in the city of Cali, Colombia, and the husband and wife were “smurfs,” a type of drug-money launderer in prolific use by the Cali cartel. The suspects fitted the classic profile—a married Colombian couple, nicely dressed, inconspicuous. A husband-and-wife smurfing team will travel from bank to bank, posing as strangers, each depositing some of the cartel’s money under a false name, or converting it into cashier’s checks, always in sums under ten thousand dollars. By federal law, any cash transaction of more than ten thousand dollars must be reported to the Internal Revenue Service on a form called a currency-transaction report, or C.T.R., which contains personal information about the customer. The husband and wife Scazz was now confronting were older than most of the smurfs he had encountered. The husband explained that the money was his life savings, and that he kept it at the office during the week and took it home on weekends. Scazz had to smile—that was original. Soon, several other unmarked cars pulled up, and the couple were quietly surrounded by police officers and agents of the United States Customs Service. The cash was confiscated, and Scazz wrote the couple a receipt. If they could prove that the money was legitimately theirs, they could have it back. They were never heard from again; the money went into the United States Treasury’s forfeiture fund.
Detective Scaccia is assigned to a Treasury Department task force called El Dorado, which was established in June, 1992, and named after the legendary South American city of gold. El Dorado targets money only—an approach to combatting the drug problem that has received very little attention. The public tends to see the goal of the drug war as preventing traffickers from crossing our borders with their narcotics, but in fact that is only half the story. The drug cartels have an unusual problem—they simply make too much money—and it takes as much ingenuity to get their extraordinary cash profits out of the United States as it does to get their contraband in. No enterprise understands this problem more profoundly, or rises to the challenge more expertly, than the Cali cartel, which, according to Drug Enforcement Administration estimates, grosses twenty-five billion dollars a year, and so qualifies as the richest criminal conspiracy in the world. The Cali has lately overtaken its principal Colombian rival, the Medellín cartel; it was helped when the Medellín boss Pablo Escobar was shot and killed by the Colombian authorities, in December, 1993. The Caleños produce perhaps eighty per cent of the world’s cocaine, and are now said to be the No. 3 supplier of heroin, lagging behind only the Southeast Asian traffickers. The United States is by far the Cali’s largest export market.
Though the Cali cartel has a reputation for being less violent than the Medellín, it is alleged that José Santacruz Londoño, who is reputedly one of its leaders, ordered the murder, in 1992, of Manuel de Dios Unanue, a former editor of El Diario, New York’s largest Spanish-language newspaper, after de Dios made it known that he was about to publish a book exposing top members of the cartel. And there is not much doubt that Cali operatives in the United States, who number in the hundreds, fear the bosses in Colombia. When such operatives are arrested and offered a chance to cooperate with the government, many refuse, because, they say, their family members in Colombia will be killed.
The Cali is run in some respects like a multinational corporation and in other respects like an espionage ring. Its United States operatives work in small, self-contained enterprises that are called cells. The drug cells handle the drugs, the money cells handle the money, and the two enterprises are kept entirely separate. Even within a cell, operatives may know one another only by their beeper numbers. (Transfers of cash from a drug cell to a money cell are handled only by the cell leaders.) New York has by far the heaviest concentration of money cells in the United States, and they tend to have their headquarters in the sections of Queens near Shea Stadium that have large Colombian populations, notably Jackson Heights and Corona (which are called Little Colombia), and also Rego Park, Woodside, Elmhurst, and Flushing. A beehive of activity in any money cell is the “stash house,” a house or an apartment in which cash is secreted, often in the millions of dollars. A stash house may also be the repository of the cell’s ledgers, which reflect the corporate aspect of the cartel. Every dollar of revenue is accounted for—one steals from the cartel at considerable risk—and so is every expenditure, no matter how picayune. One set of records seized by El Dorado contained a ledger item that gave an indication of the enormous sums the cell had handled: two hundred dollars a week spent on rubber bands.
The goal of the money cell is a simple one: to get large amounts of cash into the banking system. Smurfing the cash directly into a United States bank account is only one method, and is by no means the most effective. Since the passage, in 1992, of the Annunzio-Wylie Act, which makes willful blindness on the part of a financial institution a punishable offense, United States banks have tended to report more depositors who appear to be smurfs. (The banks’ cooperation in detecting drug-money launderers is “excellent,” Treasury Secretary Lloyd Bentsen says.) Smurfs can also take cash to a money transmitter and wire the money out of the country. When it comes to sheer volume, however, the most efficient means of getting cash into the banking system is to smuggle it to Colombia, or to some other country with less stringent banking laws than ours, such as Panama. Once the dollars are deposited in a foreign bank, some of them come back electronically to accounts in the United States. Colombian drug dealers need to maintain large bank balances here to provide working capital for their United States operations—for salaries, rented houses, cars, cellular phones, money-counting machines, lawyers.
Currency is smuggled out just the way drugs are smuggled in—in any conveyance that might escape detection. Literally millions of dollars have been stuffed into air compressors, furniture, stereo speakers, Nintendo tapes, truck transmissions, dolls, hollowed-out televisions, containers of dried peas. In 1990, almost fourteen million dollars in Cali drug money was found in a warehouse on Long Island, inside spools of wire cable to be shipped to Bogotá. (Unfortunately, the cell’s records showed that this was to have been the two-hundred-and-thirty-fourth shipment of cash-laden spools.) The same year, customs agents searching the perishables warehouse at Kennedy Airport found twenty-six cans that were supposed to contain frozen bull semen but instead held six and a half million dollars in cash. This past May, agents of El Dorado raided a house on Long Island and found a bowling-ball-manufacturing shop in the basement; they sawed one ball in half and found that it contained two hundred and ten thousand dollars in hundred-dollar bills.
El Dorado is not limited to investigating Colombians—its other targets include Russians and Chinese—but it is limited to money cases. “I get upset when we raid a house and find dope instead of money,” says Michael P. Fahy, a special agent with Customs, who is a co-director of the task force. El Dorado, which has its headquarters at 6 World Trade Center, is run jointly by two Treasury agencies, Customs and the I.R.S., but is also staffed by people from sixteen additional federal, state, and local agencies. It was born of an agreement between Robert Van Etten and Peter Farrell, the New York enforcement heads of Customs and the I.R.S., respectively, after years of interagency squabbling over who had jurisdiction in Colombian money-laundering cases. Farrell says, “One day, Van Etten and I sat down and said, ‘Why argue? Let’s join our forces and forget about who gets the stat’”—the statistical accomplishments that agencies get credit for. “Once we did that, it worked. I’m trustful of Van Etten, and I think he is of me.” Notably absent from the roster of about two hundred El Dorado employees, however, are any agents of the F.B.I. or the D.E.A. “They were invited to join,” Farrell says. “They declined.”
In its first two years, El Dorado has seized over sixty million dollars in cash and assets. It has also made about a hundred and twenty arrests; if that figure sounds low, the explanation is that money cases are much harder to make than drug cases. There is no law that says you cannot have five million dollars in your house, or in the trunk of your car. If the government has probable cause to believe that the money is ill-gotten, though, it can be confiscated until you prove that it is legitimate. The deception practiced by smurfs—breaking down large sums into small pieces to avoid having to file a C.T.R.—is called structuring, and is a federal crime, punishable by up to ten years in prison. If it can be proved that a money launderer has knowledge that the source of the money is drugs, he can be convicted and sentenced to twenty years or more, depending on the amount of money involved.
It is impossible to quantify the impact that El Dorado has had. While it obviously hurts the cartels more to have the end product of their business—the money—taken away than to have their cocaine seized, the business remains immensely profitable. Treasury hopes that El Dorado will inflict at least as much psychological damage as economic damage on the cartel leaders. “When the people who handle your money start losing your money, that makes you very insecure,” Ronald K. Noble, the Treasury’s under-secretary for enforcement, says. “That’s what I want. I want them to be insecure, to be nervous, to be paranoid.”
ON A RECENT MORNING, one of El Dorado’s four investigative teams—one made up mostly of police detectives and customs agents, and headed by the N.Y.P.D.’s Lieutenant Ronald Rose—congregated in cars near a suspect’s apartment house in Queens. The suspect, a middle-aged woman who lives with her husband and their American-born son, will be referred to here as Octavia. She and her husband are naturalized American citizens, and her husband appears to have a legitimate job. Octavia’s apartment is a stash house. It is believed that she gets her orders directly from Cali, and therefore must be a high-ranking cell member. From strategically parked cars, the surveillance team has seen people pull into Octavia’s driveway both to deliver and to pick up suitcases and boxes and duffelbags. El Dorado has more than enough probable cause for a warrant to search Octavia’s apartment, but it is too soon; by following the people who visit her, the task force can gather intelligence about the entire cell. The team suspects that Octavia’s operation involves smuggling: some of her worker bees have gone to post offices and exchanged cash for seven-hundred-dollar money orders (the maximum denomination), which are easier to conceal. When other cell members picked up a package from Octavia and handed it off to a third party, the surveillance team followed the third party for a while, then stopped his car and seized the money. That way, Octavia did not know that she was being watched, and the investigation was not compromised.
Though Octavia is constantly busy at her trade, she does find time to make frequent visits to church. “She’s a very religious woman, but she’s moving drug money,” Sergeant Nelson Cortés, of the N.Y.P.D., says, shaking his head in disgust. A lot of money-cell operatives do not seem to grasp the fact that they are criminals, because they don’t handle the powder. They are rarely armed, they almost never resist arrest, and they are invariably casual about surrendering their cash to the authorities—the usual refrain is some form of “It’s not my money, Officer”—though the cash may be in the hundreds of thousands of dollars. In most cases, they will allow El Dorado task-force members to search their homes without a warrant, even when the residence is teeming with easily discovered cash. All they ask for is proof that the money was confiscated. “The guy says, ‘It’s not my money, but will you please give me a receipt saying that you took it?’” Fahy says. “Because he has that piece of paper, he won’t lose his life.”
The money launderers are so complacent about searches and seizures that El Dorado agents assume that handling such situations must be part of their training. They are not nearly so cooperative, however, when it comes to getting caught in the first place. “They are the hardest people to tail,” Detective Frank Di Gregorio says. The Colombian couriers keep their eyes glued to their rearview mirrors, make unexpected stops in the middle of streets, suddenly accelerate to dangerous speeds, jump several lanes of traffic, and practice a technique known as “washing”—taking an absurdly indirect route from A to B. Sergeant Cortés remembers one pursuit that took him and a surveillance team to Queens, Manhattan, Long Island, and New Jersey, only to end a few blocks from where it had begun. “If they see they’re being followed, they’ll pull over on the Long Island Expressway and leave the car—just leave it and walk away,” Di Gregorio says. A surveillance team tries to counter this evasiveness by using a lot of cars—sometimes as many as twelve, all following the same suspect, and most of them staying far back or travelling on parallel roads. If the car designated as the “eye” gets spotted, it falls back and another takes its place. Sometimes even a fleet of cars is not enough, and the team calls for a helicopter.
During a pursuit, task-force members swap information by radio, speaking in insiders’ shorthand. Shortly after El Dorado was founded, a Hispanic member of the task force began referring to the Colombians as “huckaleros,” a term used for Mexicans in a John Wayne movie, and it stuck. To members of the task force, Colombians are “hucks.” “Huck is redballed at Eight Three and Rosey” translates as “The Colombian suspect is stopped at a red light on the corner of Eighty-third Street and Roosevelt Avenue.”
Though everyone is discouraged from keeping score, there is a friendly rivalry among the teams to see who can seize the most money. Lieutenant Rose’s team set its one-day record on September 23, 1992, when it followed a suspect to his house in Island Park, Long Island, after watching him drop off a box in Queens that contained a hundred thousand dollars. Rose recalls, “We approach the house, and the guy agrees to let us inside. He tells us there’s money in the house, and says it’s about two million. There’s money everywhere—in suitcases in the living room, in closets, in the boiler room. By the time we’re done counting it, it’s three million two hundred thousand dollars. He was off by over a million.”
OF THE MONEY that is seized by El Dorado, some goes directly into the federal government’s coffers and helps reduce the deficit, but a certain percentage is allocated to the law-enforcement agencies that participate in El Dorado (and is perhaps one reason there are so many participants). A question that cannot be avoided is whether any money ends up in the pockets of any of the task-force members. Law officers faced with far less temptation have gone bad; for an example, one need look no farther than the Thirtieth Precinct, in Harlem, where this spring a dozen cops were accused of shaking down drug dealers for protection money, stealing money and drugs from dealers, and selling drugs themselves.
El Dorado has a blemish-free record—at least, so far there have been no allegations of impropriety—but there is a strict rule that no one is ever to be left alone with money. In Rose’s group, either he or Sergeant Cortés must be on hand for every car stop or home entry. What cannot be known for sure is whether anyone from the group ever makes an unreported seizure on his own time, but Rose says he doubts it. “No question, it’s an unbelievable amount of money, and at first you’re staggered by it,” he says. “You see someone with three hundred thousand in a briefcase just walking down the street, and if he feels heat he’ll abandon it. But one thing you learn is that you never know who’s watching whom. We run across other agencies all the time. The guy you stop could be an undercover playing a role or somebody’s informant. Plus, you would run into the same problems they run into. What do you do with so much money? You can’t run out and spend it. Where do you put it?”
Cortés says, “You know what happens? When I first got here, I thought a million dollars was a lot of money, but after a while you don’t look at it that way. Let’s face it. For me to go bad, it would have to be for over ten billion dollars, because there’s so much out there. You look at these guys in the Three Oh”—the Thirtieth Precinct—“and you have to laugh. We deal with millions, and we don’t touch a dime of it, and they sell themselves for eight hundred dollars. They’re nuts. They got family, they got kids—how can they do that? Now they’re going to jail, and I’m glad, because they make all of us look bad. You follow the straight and narrow, you sleep at night. That’s the best way.”
NO PLACE is more familiar to the task force than Roosevelt Avenue, a busy seven-mile-long thoroughfare in Queens that cuts through Woodside, Jackson Heights, and Corona, and makes up in prosperity what it lacks in sunlight. (It runs directly under the El.) Roosevelt Avenue is the Wall Street of the drug trade, with literally hundreds of establishments that constitute a financial-service industry for the money launderers. The sheer number of casas de cambio, money transmitters, and travel agencies—all of which are used to wire money to South America—borders on the ridiculous. There are enough to serve ten neighborhoods of equal size but without a drug economy. The prosperity has trickled down—“right down to the guy selling ices on the corner,” John Kane, a customs agent with El Dorado, says. “There’s no recession on Roosevelt Avenue. Everyone is comfortable.”
Money transmitters are required to hold licenses from the state banking authority, but there are said to be at least fifty in Jackson Heights that are unlicensed. Transmitters make a handsome living off the cartels, charging a commission of between six and eight per cent to wire money to accounts in South America. (Smurfs, by comparison, earn one or two per cent of the money they handle.) Like banks, money transmitters must file a C.T.R. for any transaction greater than ten thousand dollars, and, also like banks, they are forbidden to turn a blind eye to money launderers, but most of them appear to be lax, and some are considerably worse than lax.
One of the biggest licensed money transmitters in the United States is the Vigo Remittance Corporation, which has its headquarters in midtown Manhattan and has about a hundred and twenty-five branches in the New York City area alone, many of them in Jackson Heights and Corona. Vigo collects and transmits hundreds of millions each year. El Dorado has long suspected Vigo of being among the dirtiest of the transmitters, and last year it mounted a sting operation against the company, using three convicted drug traffickers as undercover money launderers. Wearing concealed microphones, the three visited Vigo managers at branches in Queens, the Bronx, and Westchester, and, according to criminal complaints, caught eight managers not only structuring to avoid filing a C.T.R. but knowingly laundering drug money. At a Vigo branch in Yonkers, for example, one of the three gave the manager, José Carlos Dos Santos, a total of seventy-five thousand dollars to transmit, telling him it was drug money. Dos Santos is alleged to have broken the money down into several small transactions, each bearing a fictitious sender’s name, after explaining to the undercover operative that “the government will never catch us…because this is called laundering,” and adding, “The Colombians send a lot of money with me, and they always have a good system for this.” On June 1st of this year, at three o’clock in the afternoon, members of El Dorado arrested Dos Santos and seven other Vigo managers and led them away in handcuffs. The next day, looking stunned, the managers were arraigned before a magistrate in Brooklyn federal court and were informed that they each could face up to twenty years. One of the defendants, Mercedes Carpio, was several months pregnant. All have since pleaded not guilty; the Vigo Remittance Corporation is still under investigation.
ON THE MORNING of June 24, 1994—it’s already a hot day—John Kane and a fellow customs agent, Chris Ammirati, are sitting in a car with tinted windows parked across from a fast-food restaurant in Flushing, Queens, waiting. Ammirati and Kane are running an undercover case for El Dorado, and their undercover agent, Tony, is supposed to pick up a vehicle containing a suitcase full of cash this morning from a “bad guy” (the term Ammirati prefers to “huck”). During the past several months, Tony has made a number of pickups from couriers working for a Cali cell, and the cell has not yet caught on, because the money has in fact reached its destination in Colombia. The money has been wire-transferred by none other than the United States government. El Dorado is assisting in a national sting operation being run by Customs, which has set up a bogus money transmitter in Atlanta called M&M International World Wide, and M&M has attracted a group of six Colombian money brokers who are said to work directly for two men identified as top people in the Cali cartel—Miguel Rodríguez Orejuela and Ivan Urdinol a Grajales. Money brokers are a curious variety of profiteer in the drug trade: for a fee, they assist the cells in moving money and guarantee its delivery with their own capital. The brokers may be in considerable trouble if they cannot come up with six hundred grand, because that is how much Tony is supposed to pick up today, and this time Treasury will get to keep it. The sting operation has come to an end.
At precisely eleven o’clock, in accordance with arrangements made by beeper and telephone, the Colombian courier drives up in a blue Nissan. Tony is inside the restaurant; he has been informed that the courier, whom he has never met, will be wearing a white Guess T‑shirt. Kane and Ammirati notify six other members of the surveillance team in nearby cars that Bad Guy, which is now the suspect’s unofficial name, has arrived on time, and Kane notes the Nissan’s license number through a pair of binoculars. Bad Guy gives Tony the keys to the Nissan, and Tony drives it a few blocks—to his car. He opens the trunk of the Nissan, removes a suitcase, and locks it in his own trunk.
Kane calls the undercover on a mobile phone: “Tony, how’s it going? Did you search the car, Tony? Parking tickets? Any registration? Did you take a look at the bag? It’s very heavy? All right.” He hangs up.
Tony returns in the Nissan and re-enters the restaurant. Moments later, the suspect emerges alone. “All units, be advised, Bad Guy’s almost to his car,” Kane announces over the radio. “He’s backing out now. Looks like he’s gonna be coming out onto Northern. Bruce, can you get him? He’s redballed. Couldn’t you pick him up, Nick? Tommy M., do you have him?”
The surveillance team hopes that Bad Guy has another delivery to make today. If so, he will first have to stop at a stash house to pick up more cash, since the Nissan, according to Tony, is now empty of packages. As the Nissan heads south toward Shea Stadium, Ammirati and Kane are encouraged: for once, the subject of a pursuit seems relaxed and not overly evasive. Soon, Bad Guy stops at a travel agency to make a phone call—probably to a boss in Colombia, to confirm that a delivery has been made. He stops again, at a bakery, and then pulls into the driveway of an apartment house in Jackson Heights. It is now around one o’clock. The surveillance team looks for inconspicuous parking spaces, but no one is able to get close enough to the driveway to keep an eye on the Nissan while it’s parked. The team settles in and prepares for the usual tedium of surveillance; it could be hours before the suspect’s car emerges from the driveway. Fortunately, however, the car pulls out after about ninety minutes. No one on the team can say whether the Nissan contains a new package, but the suspect is now travelling with two children, and that’s an inauspicious sign. As the suspect drives over the Queensboro Bridge into Manhattan, Ammirati groans; surveillance in Manhattan is extremely difficult, because of the heavy traffic. The Nissan heads up Third Avenue, and Kane wonders aloud if Bad Guy is taking his two kids to see “The Lion King.” But then, at the corner of Sixty-ninth and Third, the car comes to a stop.
“He picked up somebody,” Kane says excitedly over his radio. “Male with a blue shirt and tan pants.” The suspects drive a few blocks farther and stop again. “Come out, baby! Pull a bag outta the trunk. They pull a bag out, we’ll lock him to this fucking guy’s bumper.”
The man with the blue shirt steps out of the Nissan and begins walking up Third Avenue, carrying a box for a large electric fan—a perfectly natural object for a man to be carrying on an eighty-degree day.
“All right,” Kane says. “We’ll take him.”
Kane and Ammirati jump out of their car at Seventy-fifth and Third and stop the new suspect in front of Rodier Paris, a clothing boutique. He is a Colombian in his mid-thirties, of medium build, dressed like a preppie, and equipped with a cellular phone, a black leather-bound book, and a beeper. Within seconds, four more task-force members arrive on the scene, and one of them, with the suspect’s permission, opens the fan box. It is brimming with cash. Kane and Ammirati load the suspect into the back seat of their car and begin to question him while the other task-force members check out his car, a Honda parked nearby; they discover that it is registered to a post-office box—a classic money-cell ploy. The suspect, who gives his name as Gabriel, is extremely calm. He says that he has no idea how much money is in the box, and that he has never done this before.
Ammirati rolls his eyes: Gabriel is obviously an experienced smurf. “This can’t be your first time,” Ammirati tells him. “You got a mobile phone, a beeper, and your car comes back to a post-office box. Come on—you’re a player.”
“You wanna come downtown and talk to us?” Kane says, putting a flashing light on the top of his car and turning on a siren.
In the meantime, part of the surveillance team has continued to follow Bad Guy, but his work is finished for the day, and for the time being he is not arrested. The six Colombian money brokers who are the prime target of the M&M sting operation are less fortunate: with the operation at an end, they will be promptly indicted by the Atlanta United States Attorney’s Office. (Three have been arrested, and three remain fugitives.) M&M ultimately laundered twelve million dollars for the Cali cartel, which Atlanta federal prosecutor Wilmer Parker says is regrettable but necessary; moreover, the operation led to seizures of fifteen million dollars.
Included in that figure are the two loads of cash seized today. In the basement of the Customs Building, at 6 World Trade Center, Gabriel’s money is counted; it comes to two hundred grand—ten thousand twenty-dollar bills. Bad Guy’s suitcase has long since arrived, weighing in at eighty-eight pounds, and, as was expected, it contains about six hundred thousand dollars. Tom Loreto, a special agent of Customs, who supervises Kane and Ammirati, stands by, smiling broadly. “Great job,” he says. “Congratulations.” ♦