Pubdate: Sun, 22 Jul 2007 Source: Los Angeles Times (CA) Page: Front Page Copyright: 2007 Los Angeles Times Contact: http://www.latimes.com/news/printedition/front/ Details: http://www.mapinc.org/media/248 Author: Josh Meyer, Times Staff Writer Bookmark: http://www.mapinc.org/topics/Colombia Bookmark: http://www.mapinc.org/corrupt.htm (Corruption - United States) Bookmark: http://www.mapinc.org/find?236 (Corruption - Outside U.S.) Bookmark: http://www.mapinc.org/ashcroft.htm (Ashcroft, John) Bookmark: http://www.mapinc.org/coke.htm (Cocaine) Bookmark: http://www.mapinc.org/heroin.htm (Heroin) U.S. BENDING RULES ON COLOMBIA TERROR? Several Lawmakers Say Multinationals That Aid Violent Groups in Return for Protection Are Not Being Prosecuted. WASHINGTON -- For more than a decade, leftist guerrilla and right-wing paramilitary groups in Colombia have kidnapped or killed civilians, trade union leaders, police and soldiers by the hundreds and profited by shipping cocaine and heroin to the United States. In that time, several American multinational corporations have been accused of essentially underwriting those criminal activities -- in violation of U.S. law -- by providing cash, vehicles and other financial assistance as insurance against attacks on their employees and facilities in the South American nation. But only one such company -- Chiquita Brands International Inc. -- has been charged criminally in the United States. Now, a showdown is looming that pits some members of Congress against the Justice Department and the multinationals -- including an American coal-mining company and Coca-Cola bottlers. The lawmakers say that, in the cases of U.S. corporations in Colombia, the Justice Department has failed to adequately enforce U.S. laws that make it a crime to knowingly provide material support or resources to a foreign terrorist organization -- and they have opened their own investigation. Rep. Bill Delahunt (D-Mass.), who is leading the effort, has questioned whether the Bush administration is putting the interests of U.S. conglomerates ahead of its counter-terrorism agenda. Even the plea agreement reached with Chiquita in March -- in which it acknowledged making the illegal payments -- has been criticized as far too lenient by many outside legal experts and some high-ranking Justice Department prosecutors. "I think they've escaped any kind of appropriate sanctions," Delahunt said in an interview last week. "We will take a good, hard look at how American multinationals operate around the world, using Colombia as a model," said Delahunt, chairman of the House Foreign Affairs Subcommittee on International Organizations, Human Rights and Oversight. "It really deserves an exhaustive effort to examine where we need legislation and if there are gaps in our criminal code that allow U.S. corporations to aid or abet violence in other countries that erode our credibility and our moral standing in the world." The Bush administration has declared that a hallmark of its counter-terrorism policy is to go after the financiers of terrorism just as aggressively as the terrorists themselves -- anywhere in the world. But the situation in Colombia underscores the difficulty in prosecuting such goals when it conflicts with American economic interests abroad and trade relations with friendly governments. Making the matter particularly sensitive, the U.S. is in the midst of negotiating a free-trade agreement with Colombia, and sends it billions annually in military and other aid. "Do our economic interests trump the war on terror? Are we making trade-offs?" Delahunt asked. "If we are, at the very least the public should know about it." Lance Compa, an international trade specialist at Cornell University's School of Industrial and Labor Relations, acknowledged that there were many competing priorities in Colombia. "But the general proposition that gross human rights violations should be weighed against trade policy and foreign policy is a mistake," Compa said. "The paramilitaries have infiltrated the highest levels of the [Colombian] government, and the Bush administration is looking the other way. "It makes it all the more incumbent on U.S. policymakers to put a stop to any corporate dealings with paramilitary death squads." Dealings Outlawed The right-wing United Self-Defense Forces of Colombia, or AUC, initially began as a security force in response to leftist atrocities, but it quickly transformed in the 1990s into a brutal organization with ties to Colombia's military, political and business establishment. The State Department designated the AUC a terrorist organization in 2001, making it a crime to provide the group with financial or other support. Financial dealings with the paramilitaries have also been outlawed under a federal "drug kingpin" statute, because such groups are believed to supply 90% of the cocaine and 50% of the heroin consumed in the U.S. For more than four years, lawmakers have been requesting information from the Justice Department about whether it is investigating "credible allegations" against some of the American firms, including some that were named in detailed civil lawsuits and forwarded to prosecutors, according to letters sent to Atty. Gen. Alberto R. Gonzales and his predecessor, John Ashcroft. The lawmakers are particularly concerned about claims that the Drummond Co. coal-mining operations paid paramilitaries from the AUC to kill three trade union leaders who were trying to organize workers at its coal mines in 2001. Drummond has been accused in a civil lawsuit first filed in 2002 of using the AUC as a de facto security force that intimidated employees to keep them from unionizing and demanding higher wages. Drummond has strenuously denied the claims and is fighting them in a civil trial that began this month. In a letter to Ashcroft on June 25, 2003, four lawmakers on House foreign affairs oversight committees urged thorough investigations of the Drummond case and allegations against two U.S.-owned Coca-Cola bottling firms in Colombia that are also accused in lawsuits of colluding with the paramilitaries. The bottlers, which are independent of the Atlanta-based beverage giant, have denied any wrongdoing. Nearly a year later, Assistant Atty. Gen. William E. Moschella sent a four-paragraph response that said: "We can assure you that this matter is being carefully reviewed." Moschella said the Justice Department could not comment on any case until there were public filings. The lawmakers said they had been unable to get even basic information about whether an investigation was underway. A Lower Priority? Two senior Justice Department officials acknowledged that violent Colombian groups, particularly the AUC, were not as high a priority as Islamist jihad groups because they had not attacked American interests such as embassies. But critics say that the Colombian groups have killed and kidnapped more people than Al Qaeda and that the Justice Department's selective enforcement of U.S. laws opens it up to charges of having double standards in the war on terrorism. The Justice Department says it has aggressively pursued corporate financiers of terrorism, in Colombia and elsewhere. "The notion that the Justice Department is somehow putting the interests of U.S. companies ahead of its national security priorities is baseless," said spokesman Dean Boyd. "The Justice Department takes seriously any and all allegations about U.S. persons or entities that may have engaged in transactions with specially designated terrorist organizations." The senior Justice Department officials confirmed that they had launched a probe of Drummond at least several years ago, and that they had looked at other U.S. firms as well. "We were trying to look into any allegation there was of any company doing what Chiquita was doing," one said of the Drummond allegations. "I can't say we pursued every one of them." Kenneth L. Wainstein, assistant attorney general for national security, said he could not discuss ongoing federal actions. The lawmakers' concerns intensified after Chiquita reached a plea agreement with the Justice Department in March, in which it admitted having paid the AUC at least $1.7 million between 1997 and 2004, and the left-wing Revolutionary Armed Forces of Colombia, or FARC, before that. Chiquita said it did so to protect its workers, contending that the guerrilla and paramilitary groups attacked corporations that refused. Colombia's chief prosecutor, Mario Iguaran, has accused Chiquita and the AUC of cultivating "a criminal relationship" based on "money and arms and, in exchange, the bloody pacification of Uraba," the region where the Cincinnati-based firm's banana plantations were based until it sold them in 2004. In May, six congressmen wrote a follow-up letter to Gonzales, asking whether the Justice Department had investigated their "grave concerns" that other companies, particularly Drummond, might be engaging in similar activity. The lawmakers said that Iguaran had launched a criminal investigation of Drummond and that though the allegations were unproved, they were "sufficiently credible" for the Justice Department to launch criminal proceedings of its own. "If no such probe has begun, we strongly urge that one be started immediately," wrote Reps. Delahunt, Tom Lantos (D-Burlingame), Howard L. Berman (D-Valley Village), George Miller (D-Martinez), Eliot L. Engel (D-N.Y.) and Christopher H. Smith (R-N.J.). No Response The Justice Department has not responded to that letter, the lawmakers say. "In the wake of 9/11, it is shocking to me that allegations of payments to terrorist groups have not been aggressively investigated and prosecuted by the Justice Department," Engel said at a June 28 congressional hearing on the issue, the first of what the lawmakers have pledged will be many. "I can only imagine the force and speed with which the entire prosecutorial force of the United States government would come down on a company alleged to have assisted Al Qaeda or Hezbollah," Engel added. The congressmen, all top members of foreign affairs panels, vow to haul in top officials from Drummond, Chiquita and other companies (which they would not name) that have done business in Colombia to testify under oath. At the June congressional hearing, a former Colombian military captain turned AUC soldier; a human rights worker; and a union leader testified that numerous U.S. corporations besides Chiquita and Drummond had been routinely paying off violent groups in Colombia. This spring, former AUC leader Salvatore Mancuso and group spokesman Ivan Duque alleged that the payoffs were pervasive and long-standing, involving multinational fruit companies such as Fresh Del Monte Produce Inc. and Dole Food Co., as well as oil conglomerates and other firms. Del Monte and Dole have denied the allegations. Many more AUC commanders intend to begin speaking publicly about the financing of their reign of terror "by the banana industry, some coal companies, big national businesses," Duque said in a published interview. "Those who broke the law must face the consequences, just as we are." [sidebar, A Section] CONGRESSMEN EYE CHIQUITA CASE The Justice Department Took Four Years to File Criminal Charges After the Banana Company Admitted to Payoffs to Violent Groups. WASHINGTON -- As part of an inquiry into corporate payments to violent groups in Colombia, a group of congressmen wants more details about the Justice Department's handling of the Chiquita Brands International Inc. case, including whether the department was too lenient and why it took four years to file criminal charges after the banana company admitted making payoffs. In its plea agreement in March, Chiquita acknowledged that senior executives knew about the payments by September 2000 or earlier, and that they continued to make them until February 2004 -- nearly a year after its own lawyers and the Justice Department told them to stop. Congressional investigators say they are particularly interested in an April 2003 meeting in which top Justice Department officials allegedly told Chiquita to cease the payments. Chiquita says the Justice Department's warnings were vague. Current and former Justice Department officials said in interviews with The Times that the prosecutors handling the Chiquita case had wanted to bring charges of material support of terrorism against the banana company and to pursue charges against some of its top executives by early 2004, if not sooner. Instead, the firm was charged three years later with one count of "engaging in transactions with a specially designated global terrorist" and was levied a $25-million fine, payable over five years. With annual revenue of approximately $4.5 billion, Chiquita said the fine would not affect its global operations. No executives were charged. According to the Justice Department sources, the prosecutors were incensed by Chiquita's continued payments to the right-wing United Self-Defense Forces of Colombia, or AUC, after what they described as repeated warnings. But current and former department officials said they were opposed on some matters by political appointees in the department, including David Nahmias, a former deputy assistant attorney general overseeing counter-terrorism. The U.S. attorney's office in Washington was leading the investigation, in conjunction with Nahmias and others at the Justice Department headquarters a few blocks away. Nahmias first asked Roscoe C. Howard Jr., then the U.S. attorney for the District of Columbia, not to conduct search warrants at Chiquita headquarters in Cincinnati -- but Howard refused. Then he asked that charges not be filed until Justice Department leadership could meet with a lawyer for the firm's board, former Atty. Gen. Richard L. Thornburgh, the current and former officials said. Nahmias, now the U.S. attorney in Atlanta, and Howard, in private law practice, declined to comment, saying they could not discuss internal Justice Department deliberations. Chiquita's "lawyers went all over D.C. to have meetings" with top officials at the Justice Department, the Treasury Department and elsewhere, often without the front-line prosecutors knowing about it, one of the senior Justice Department officials said. "They were trying to cause political pressure." Like others interviewed for this article, the official spoke on the condition of anonymity, saying he was not authorized to discuss the politically sensitive case. On April 26, 2004, Thornburgh took his case directly to Nahmias, his boss Christopher A. Wray and then-Atty. Gen. John Ashcroft in a two-page confidential letter obtained by The Times. Thornburgh wrote that Chiquita was merely trying to protect its employees and that a criminal prosecution would harm U.S. political and economic relations with Colombia. "While the department has suggested that a meeting regarding matters of policy is premature until the investigation is complete ... in light of the gravity and urgency of these issues, we respectfully request that you meet with representatives of Chiquita," Thornburgh wrote. Justice Department officials wouldn't comment on whether Ashcroft or his successor as attorney general, Alberto R. Gonzales, ultimately met with Thornburgh or Chiquita board member Roderick M. Hills, a well-connected Republican lawyer in Washington and a former White House counsel and head of the Securities and Exchange Commission. By mid-2004, Chiquita virtually stopped cooperating with the Justice Department's efforts to gain access to documents and interview company employees, the current and former officials said. "The case was essentially shut down until further notice, and then there was no further notice," said one former prosecutor involved in the case. As Hills took a lead role for Chiquita in fending off criminal charges, his son-in-law Steve Bunnell was a senior prosecutor in the U.S. attorney's office in Washington. In 2004, Bunnell was appointed head of the office's criminal division, which oversaw the Chiquita investigation and other prosecutions. The entire field office's prosecutorial office considered recusing itself from the case due to the conflict of interest, but ultimately decided only to recuse Bunnell. Later, senior management in the U.S. attorney's office was also recused from the case. Hills' role in the case eventually became a major focus of the investigation. He was one of three senior Chiquita executives who told their outside counsel in the spring of 2003 to "just let them sue us, come after us," even as the firm was pledging to cooperate with the Justice Department, according to department officials and court records filed in the case. And as head of the Chiquita board's audit committee, Hills told fellow board members that "we appear to [be] committing a felony" in December 2003, months before the company stopped the payments, federal court documents show. Hills, who retired from the Chiquita board last month, declined to comment. Bunnell, who left the Justice Department on Friday for private law practice, did not respond to requests for comment. When the Justice Department finally settled with Chiquita on March 14, none of the senior executives was charged individually. The department agreed to withhold company officials' names and identifying descriptions from the publicly released charging documents and plea agreement. They identified Hills, for instance, only as "Individual B." The settlement "was too soft for what they did," one of the senior Justice Department officials said. The deal awaits formal approval by U.S. District Judge Royce C. Lamberth. "We believe that the settlement was in the best interest of the company," said Chiquita spokesman Michael Mitchell. "We would certainly not characterize $25 million as insignificant." Jeffrey A. Taylor, interim U.S. attorney for the District of Columbia, also defended the settlement, saying the case was investigated aggressively and prosecuted properly. "We think it's a fair and just result," he said. "This one was done by the book." Meanwhile, Colombia's attorney general, Mario Iguaran, has said he is seeking all of the Justice Department's investigative files on Chiquita, and he has vowed to extradite company officials to face charges in Colombia. The Justice and State departments would not say whether they had received Iguaran's requests or whether they were cooperating. Mitchell said Chiquita was unaware of any Colombian investigation or extradition threat. - --- MAP posted-by: Richard Lake