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Plan Colombia, extradition and informers

By DAVID ADAMS, Times Staff Writer
© St. Petersburg Times
published May 4, 2003

photo
[Times photos: John Pendygraft]
Baruch Vega photographs Kendra Smith in Miami Beach.
Vega, right, and assistant, Alvaro Guerra set up a shot at Loews Miami Beach hotel.
Special report
Plan Colombia, extradition and informers
By the time Operation Millennium was unveiled late in 1999, Colombia and the United States were putting the final touches on a new antidrug strategy called Plan Colombia.
Who's who
BARUCH VEGA, 56 aka, Dr. B Fashion photographer and undercover law enforcement asset in America's war on drugs.
Operation Millennium
Investigation: 12-month, joint U.S.-Colombian effort, unveiled Oct. 13, 1990 . . .
Vega's world
For more than three decades, fashion photographer Baruch Vega accepted a variety of assignments ...
Sources for this special report
The story of Operation Millennium sits in a bulging docket at the federal. . .
Part Two: Family business
The Ochoa clan went from breeding horses to trafficking drugs and back again. Now the family has gone into another business: defending one of its own

By the time Operation Millennium was unveiled late in 1999, Colombia and the United States were putting the final touches on a new antidrug strategy called Plan Colombia.

The Clinton administration wanted Congress to approve a $1.3-billion emergency aid package to help the government of Colombia. Before Congress would fork over so much money, the White House needed evidence the country would cooperate in the war on drugs.

Cooperate Colombia did. In late 1997, it passed an extradition law, which lay dormant until Operation Millennium brought it to life.

For years, U.S. agents built cases against Colombian drug traffickers but couldn't get their hands on them. The lawmen hoped the prospect of extradition and mandatory life sentences in the United States would prompt traffickers to turn on others.

The traffickers, not surprisingly, had reached the same conclusion. Some of them even came up with their own "unilateral proposal for dismantling drug traffic activity in Colombia." They went so far as to publish their proposal in a 130-page book outlining country-by-country the history of the drug war, complete with maps and graphs on drug production. Copies were translated into English, presumably for the benefit of U.S. officials.

A cocaine overdose killed Maryland University basketball phenom Len Bias the night after he signed with the Boston Celtics in the summer of 1986. In the emotional aftermath, Congress created mandatory sentences for drug crimes, from 40 years to life.

By removing judicial discretion, the law sweetened the incentive for the accused to cooperate with the government. Cooperating informers - CIs - could have their sentences reduced dramatically and live in the United States on special "S" visas. Some never spent a day in jail.

Critics say the law gave prosecutors too much authority, and criminals incentive to lie.

Former congressional staffer Eric E. Sterling worked on the judiciary committee that drew up the new law and now deeply regrets the result. As president of the nonprofit Criminal Justice Policy Foundation, he is a vocal critic.

"One of the most odious aspects of the system is the reliance on informants," Sterling said. "It encourages perjury and creates profound inequities in the sentences that result."

He cites the case of a student at Southern University in Baton Rouge, Clarence Aaron, who played a minor role helping friends arrange a 20-pound cocaine deal. He got three life terms in 1993. The dealers who pleaded guilty and cooperated already are out.

"Informants run the drug war," said Mike Levine, a retired DEA agent and now a harsh critic of his former agency. "The trouble is that informants are often smarter than the agents who deal with them."

During his career, Levine said he witnessed "a pattern of law enforcement's inability to recruit and manage the activities of criminal informants" that resulted in "contrived evidence" presented at trial.

He said bureaucratic loyalty and the need to meet statistical targets for arrests and seizures prompted the DEA to turn a blind eye to doubts about an informer's credibility. "That's the system. They just want to win."

DEA spokesman William Glaspy says that in the clandestine drug business, relying on informers is unavoidable. "When a plot is hatched in hell, there aren't any angels to testify."

Operation Millennium

Investigation: 12-month, joint U.S.-Colombian effort, unveiled Oct. 13, 1999; employed sophisticated wiretaps and camera surveillance; run by DEA's Group 9 in Fort Lauderdale and assisted by DEA agents at the U.S. Embassy in Bogota.

Targeted Alejandro Bernal, who operated clearinghouse for some of Colombia's most prolific cocaine producers. Syndicate said to have smuggled 20 to 30 tons of cocaine a month, through Mexico, to the United States.

Prosecution: 43 people indicted, all but one in Colombia; to date, 33 have been extradited and 17 have pleaded, for an average sentence of 61/2 years.

Drugs seized: More than 9.5 tons of cocaine seized at sea; another 10-ton shipment interrupted in planning stages.

WHO'S WHO

BARUCH VEGA, 56

aka, Dr. B

Fashion photographer and undercover law enforcement asset in America's war on drugs. Colombian born, moved to United States in mid 1970s. Clients include international models, Colombian drug traffickers and various branches of U.S. law enforcement.

Status: Photographing models, working with new traffickers looking to turn themselves in, living in Florida.

ALEJANDRO BERNAL, 43

aka Juvenal (Young One), Tony

The key target of Operation Millennium, said to have brought smuggling into the computer age and exported 20 to 30 tons of cocaine a month. Former kitchen cabinet salesman, partnered with Mexico's top drug boss, Amado Carillo Fuentes (aka, Lord of the Skies). Admits he made some $10-million by trafficking cocaine. Supplied guns to Colombia's illegal paramilitary forces. Childhood friend of Fabio Ochoa.

Status: Pleaded guilty April 17, 2003, to conspiring to smuggle 20 tons of cocaine; can substantially reduce minimum 20-year term by cooperating; expected to testify against Fabio Ochoa.

FABIO OCHOA, 45

One of the Medellin cartel's top members in the 1980s, along with brothers Jorge and Juan David. Jailed six years in Colombia in 1990s. Says he never returned to drug business. Said to have served as Bernal's "mentor."

Status: Extradited to Miami in 2001, charged with conspiring to smuggle 20 tons of cocaine; trial to start Monday.

CARLOS RAMON, 36

aka El Medico (The Doctor)

Medellin medical student, turned to trafficking after drug lord Pablo Escobar murdered his father. Surrendered December 1999, along with brother-in-law and two cousins in Vega's $42-million cooperation deal.

Status: Sentenced to 72 months for a conspiracy to smuggle drugs into Miami. By cooperating, hopes to reduce it to 34 months. Due to be released Jan. 5, 2007.

JUAN GABRIEL USUGA, 41

aka Bionico

Ramon's ex-brother-in-law, included in family package, reportedly confessed to smuggling tons of cocaine for a decade. Sentenced to 34 months, reduced to 22 months.

Status: Released March 6, 2003.

JULIO CORREA

aka Julio Fierro, La Senora

Charged in 1995 with smuggling two tons of cocaine to Miami. Joined the cooperation program, served no jail time. Talked up the program at Panama "Conventions."

Status: Disappeared in Colombia in 2001; presumed murdered.

NICOLAS BERGONZOLI

Medellin rancher with ties to Colombia's illegal paramilitary forces. Indicted in 1995 for 3,300-pound drug shipment. Recruited by Vega, talked up the program at Panama meetings. Met several times with Ochoa family, and told one of them: "The difference is this, man, the difference is Baruch."

Status: Cooperating, charges dropped, case sealed.

ORLANDO SANCHEZ-CRISTANCHO, 42

aka Martin, or Orlan

Highest ranking U.S.-based member in Bernal's organization, according to Operation Millennium. Worked out cooperation deal with Vega in Panama.

Status: Sentenced to 63 months for money laundering, due to be released Dec. 17, 2004.

CARLOS CASTANO37

aka, El Senor

Heads the Colombian Self-Defense Forces (AUC), an illegal paramilitary army of about 18,000 financed by drug trafficking and dedicated to fighting left-wing guerrillas. Had discussions with DEA envoys about cooperating but talks broke off after the United States declared AUC a terrorist organization. Indicted in January 2002 for drug smuggling.

Status: At large, presumably in mountains of Colombia.

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