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Marc Harris case sparks more
scandals in Nicaragua, US diplomatic request, questions in
Costa Rica, Moscoso administration denial
by Eric
Jackson, in large part based on reports in other media
The fallout
from the downfall of US-born offshore asset protection
guru Marc Harris has prompted a cascading set of scandals
in Nicaragua with reverberations in Panama. The Costa Rican
angles of the affair have made headlines in that country as
well, and meanwhile the US ambassador to Nicaragua has pleaded
for the protection of and American access to files that
Nicaraguan authorities seized in a July raid on Harriss
former home and office in Managua. Harris himself is awaiting
trial on money laundering charges in the Miami Federal
Detention Center.
The latest
round of Nicaraguan headlines has mainly centered around
immigration matters --- how the internationally notorious
Harris obtained a Nicaraguan visa and how one of his key
lieutenants, US-born Larry Gandolfi, obtained a Nicaraguan
cedula.
If INTERPOL is
investigating or has an international warrant for the arrest of
a person, then ordinarily that should create visa problems if
that person seeks to move to Nicaragua. In a widely reported
case that led to the firings by Attorney General José
Antonio Sossa of Panamas PTJ and INTERPOL directors, the
international police agency had forwarded US and German
requests for Panamanian help in money laundering investigations
here. Because it appeared that these requests were based on tax
matters, and given Panamas financial secrecy laws, Sossa
denied the request, an action that was duly and truthfully
reported in La Prensa and resulted in Sossa bringing
unsuccessful criminal defamation charges against several of
that dailys journalists. One would expect, in any case,
that if a request for information on Marc Harris were made to
INTERPOL, there would at least be something about the German
and American requests in the file.
However, Harris
had no problems getting into Nicaragua. The countrys Vice-
Minister of Government Alfonso Sandino says that he was in
charge of passing on Harriss request --- according to
some Nicaraguan papers for its involvement of such a high-
ranking official --- and that he forwarded the matter to the
police for an investigation of Harriss past. Nicaraguan
National Police Chief Edwin Cordero says that INTERPOL was
contacted and that there was no information about Harris coming
from anywhere in the world in INTERPOLs database, so
Harris got the good conduct certificate which was needed to
obtain a Nicaraguan visa. Its a problem with
INTERPOL and police in other countries, Cordero told the
Managua daily El Nuevo Diario.
Meanwhile, the
circumstances surrounding the procurement of a Nicaraguan
cedula by key Harris lieutenant Lawrence Gandolfi have prompted
more headlines in the Managua papers and a prosecutors
investigation of a judge and several activists of the ruling
Constitutional Liberal Party. Gandolfi got his citizenship card
after Judge Napoleón Sánchez issued him a
Nicaraguan birth certificate. That action was based upon a
petition supported by the notarized statements of three
supposed witnesses who said that they had known Gandolfi since
he was a little boy and that he was Nicaraguan. Gandolfi was
born in 1940. In the court records supporting Judge
Sánchezs issuance of a birth certificate, one of
the supposed witnesses listed his year of birth as 1965, but it
seems that this did not raise any doubts in the judges
mind. In any case, it turns out that all three
witnesses were fictitious. Once having obtained a
birth certificate, Gandolfi went to Nicaraguas Supreme
Electoral Council and, with the help of several employees who
work there because they are activists with the governing party,
got his cedula.
It all looks
bad, to the extent that Nicaraguan Minister of Government
Eduardo Urcuyo told his countrys press that it appears
that there was a lot of complicity between public officials and
the Harris operation, and vowed that all of Harriss
accomplices must fall.
Meanwhile,
Harriss plane, notorious long before his exodus to
Nicaragua for its use in former Peruvian spymaster Vladimiro
Montesinoss escape from Panama into clandestinity and
later for its use for an illegal extradition from Panama in
defiance of a Supreme Court order of a man wanted for fraud in
China, is again in the news on several fronts. These
include:
An El
Nuevo Diario report that in July of 2002 Nicaraguan fugitives
Jorge Solís, Alfredo Fernández and Esteban
Duquestrada, wanted in connection with a financial scandal that
has political ties to the former administration of Arnoldo
Alemán, flew in the plane from Panama to Guatemala, from
whence their trails grew cold.
A story
in the Costa Rican daily La Nacion that Harriss plane
visited Costa Rica 74 times between January of 2002 and
February of this year.
Reports
in the Nicaraguan, Costa Rican and Panamanian press saying that
in 2002 the Nicaraguan police vacuum-searched the aircraft and
found minute amounts of drug residue, but not enough to press
charges against anybody. The Nicaraguans say that the searches
were done at the request of Panamanian authorities, but police
here deny it.
In the July
raid in Managua, Nicaraguan police and prosecutors seized more
than 1,500 boxes of paper files, computers and computer discs
and a number of videotapes. There have been a number of leaks
attributed to prosecution sources about the contents of those
files, some of which suggest ties between Harris and members of
current Nicaraguan President Enrique Bolañoss
relatives. It has also been alleged, based on such sources,
that the files implicate former heads of state in several
other Latin American countries, including Panama.
In the United
States, the Harris investigation is headed by the Internal
Revenue Service. That would suggest that the principal American
interest is in tracking down Harriss clients for possible
tax prosecutions. Were frauds committed against such clients,
money laundering or violations of the Foreign Corrupt Practices
Act at issue, the FBI would likely be in charge of the
investigation. In any case, the US Justice Department has asked
the Nicaraguan government for the material seized in Managua.
President Bolaños has pointed out that Nicaraguan law
enforcement is conducting its own criminal investigations of
Harris and offered to provide the American authorities with
copies of documents from the Harris files. In addition to that
exchange, US Ambassador to Nicaragua Barbara Moore has sent a
letter to Nicaraguan Attorney General Julio Centeno
Gómez broadly requesting all seized financial records
and all names, addresses and telephone numbers found in the
impounded archives. However, Centeno Gómez has denied
the request, arguing that it would be unconstitutional to
forward such a broad range of documents without specific
reasons arising from specific investigations of matters in
which Nicaragua is legally bound to share information. In her
letter to Centeno Gómez, Moore also pleaded for the
files to be secured, especially against persons acting outside
of governmental authority.
The exchanges
between the United States and Nicaragua with respect to the
Harris files have been the subject of much published
speculation and innuendo about who may have a motive to conceal
what.
Most frequently
mentioned in Nicaragua is the possibility that moves may be
afoot to extract documents that might incriminate jailed ex-
President Alemán. El Nuevo Diario reported, and the
Nicaraguan Attorney General specifically and emphatically
denied, that among the seized documents there were videotapes
of Nicarguas first lady visiting Harriss offices
and of Bolañoss niece visiting a Panama City
casino with Harris.
In the Costa
Rican press, much mention is made of one Vinicio Esquivel, a
Costa Rican who handled at least $30 million in transactions
for various Marc Harris companies by way of a now-collapsed
British Virgin Islands company called Vinir Financial Services
(VFS). In turn, VFS has gained local notoriety as the conduit
through which at least $275,000 worth of illegal campaign
contributions to Costa Rican President Abel Pachecos
election campaign were laundered. With respect to both Marc
Harris and the Pacheco campaign, Esquivel says that he was just
acting like something of a banker and had no knowledge of any
illegal activities by his clients.
None of the
Central American or Panamanian mainstream press reports touch
upon Harriss US political connections and what
implications those might have in connection with the tussle
over who will have control over and access to the Harris
archives. In 1988 Harris was the Florida spokesman for the
unsuccessful Republican presidential primary campaign of
General Alexander Haig, who had served as National Security
Director during the Nixon administration and as White House
Chief of staff under Ronald Reagan.
For the most
part, the Panamanian corporate mainstream media have not been
following the stories leaking out in the Nicaraguan press.
(Think, for example, about who owns MEDCOM and it should be
easy to see why RPC and Telemetro arent asking any
questions here about allegations in Nicaragua that the Harris
files implicate former Panamanian presidents.) The big
exception to this trend is El Panama America.
After the
allegations about Harris ties to former presidents, the next
potential bombshell for Panama came from a La Prensa (the
Nicaraguan daily, not the periodical of the same name here)
report. A story in that paper, attributed to Nicaraguan
prosecution sources, alleged that among the documents
encountered in the Harris files were several that indicate that
Harris was receiving inside information from the Panamanian
Public Ministry, National Security Council and anti-money
laundering Financial Analysis Unit. El Panama America, unlike
the rest of the nations corporate mainstream media,
reported the allegations here.
The only
specific Panamanian government denial about Marc Harris having
inside information that has appeared so far was by National
Security Director Ramiro Jarvis, duly reported in El Panama
America. According to Jarvis, he had never seen an alleged
letter about Harris directed to himself by a US official.
Jarvis rather curiously added, in support for his argument that
the report was false, that the National Security Council does
not keep files. (Might we then conclude that last year when
Jarvis went on national television to accuse anti-corruption
activist Enrique Montenegro of a plot to destabilize Panama,
the surveillance reports that he showed off, made by secret
agents El Pintor and Oficial Renco,
were also forgeries?)
The purported
document from the Financial Analysis Unit was reportedly signed
by an Agent Chacón. The institution has not
commented on the allegation. If Harris was getting information
from inside the Financial Analysis Unit, the
implications for the current administration could be far-
reaching.
However, the
Moscoso administration is in a way protected by Marc
Harriss notorious ties with the opposition. Attorney
General Sossa, a Christian Democrat appointed by former PRD
President Ernesto Pérez Balladares, did not just quash
foreign requests for money laundering probes of Harris because
they appeared to be based upon tax matters. He also failed to
pursue several major fraud complaints by Harris clients, to the
extent that had normal travel restrictions that apply to those
under investigation for such offenses been imposed then Harris
would not have been legally able to flee to Nicaragua.
Moreover, in a dispute between Harris and his former lawyer
Sossa deputized foreign bounty hunters hired by Harris to make
arrests in Panama. Now Sossas party, renamed the Partido
Popular, is allied with the PRD for the 2004 elections and
because of its own vulnerabilities probably would not want to
sling mud at the Arnulfistas over Marc Harris.
That, however,
has not stopped Roberto Eisenmann from raising the issue of
Sossas ties with Harris. Eisenmann, the former publisher
of La Prensa, is active in a number of civic groups concerned
about corruption issues, including the local chapter of
Transparency International. His supporters lost control of La
Prensa in a 2001 battle with an alliance of PRD and Christian
Democrat shareholders, after an acrimonious campaign in which
the papers aggressive reporting about Marc Harris was one
of the issues in dispute. However, Eisenmanns
pronouncements still make their way into the paper, and on the
front page of the July 31 edition the ex-publisher blasted
Sossa for protecting Harris. It has been proven that
there was complicity between the Public Ministry and people
involved in acts of corruption, Eisenmann alleged, adding
that when allegations of public corruption arise the
authorities must investigate them, instead of investigating the
journalists.
Sossa responded
in the next days issue of La Prensa, calling Eisenmann a
coward and adding that I ask him that as a
responsible person, if he has something specific and concrete
to say, that he do so and assume the consequences of his act
like a man. Sossa declined to comment on his actions with
respect to the various complaints against Harris. In its
coverage of Sossas reply to Eisenmann the Panamanian La
Prensa did not bring up the allegation of Marc Harriss
possession of documents from Sossas ministry that was
reported in the Nicaraguan La Prensa.
Also in this
section:
Business & Economy Briefs
Harris case prompts
international disputes
The Panama News
readership logs
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