Jack Blum, who suspected everyone's motivation save
his own, was running John Kerry's investigation into Manuel Noriega's
ties to the American government when he came across the Bank of Credit
and Commerce International in early 1988, ten months before the
indictments in Tampa. Jose Blandon, the former Panamanian diplomat
turned ardent enemy of Noriega, told Blum that BCCI was the general's
favorite bank. In pursuing that connection with inspired doggedness,
Blum would confront overt and covert obstacles that made him leery of
anyone not one hundred percent committed to his vision. For all intents
and purposes, it was Blum's stubborn suspicion that fanned the dying
embers and eventually fueled the firestorm that engulfed BCCI.
Re is a lawyer and a sometimes government official who
does not really like working for government, an intense and intelligent
man whose curiosity and instinct made him an excellent sleuth. Re is a
big, jug-eared man, with a hearty appetite for food and conspiracy
theories.
Soon after graduating from law school at Columbia in
New York City in 1965, Blum had gone to work as an investigator for a
Senate antitrust subcommittee. He stayed twelve years in government,
moving on to the Senate Foreign Relations Committee and working on such
big international investigations as the Lockheed foreign bribery
scandal, oil-price fixing during the Arab embargo, ITT Corporation's
efforts to rig elections in Chile, and the financial acrobatics of
Robert Vesco.
It was on the Vesco investigation that Blum caught a
glimpse of the intricacies of international finance. Vesco pillaged
hundreds of millions of dollars from mutual fund investors and used
front companies to funnel the cash through banks in the Bahamas and
Luxembourg. Assisting him at every step of the way were accountants,
attorneys, and bankers. Years after Vesco fled to asylum in Costa Rica,
government lawyers were still trying to unscramble the labyrinth of
transactions into which between $250 million and $450 million had
vanished.
"What I learned was that there is a cynicism in
banking circles," Blum explained later. "Bankers say, 'We just
move money. We don't concern ourselves with the business of our
clients.' But that begs the question. They are knowingly soliciting the
proceeds of all sorts of crimes. Bankers the world over wink at what I
call the 'legal illegal' money. Tax evaders, exchange-restriction
avoiders, the Marcoses, the Baby Doc Duvaliers. The banking world makes
a judgment that that's okay. But it then becomes easy for the banker to
make the leap from that to drug money. And as long as the traffickers
are treated like gentlemen in some corner of the world, they are going
to continue to deal drugs."
Blum spent the late 1970s and early 1980s in private
practice. Many of his clients had international business, particularly
oil business. He made a good living and built a splendid house outside
Annapolis, Maryland, overlooking a creek near the Chesapeake Bay. But
every time a major financial scandal broke in the newspapers or a friend
in law enforcement described an interesting case to him, Blum got itchy.
In early 1987, he received a telephone call from
Senator John Kerry, the freshman Democrat from Massachusetts. Kerry was
a member of the U.S. Senate Foreign Relations Committee and he wanted to
take a look at the relationship between drug dealers, money laundering,
and U.S. foreign policy. Someone had recommended Blum to him as a lead
investigator.
Kerry himself was an interesting senator. A tall,
handsome graduate of Yale University, he had won three Purple Hearts, a
Silver Star, and a Bronze Star in two tours of duty with the Navy in
Vietnam. He had returned home, graduated from Boston College Law School
in 1976, and spent six years as a state prosecutor in Boston. After two
years as lieutenant governor of Massachusetts, he was elected to the
Senate in 1984 at the age of forty. He wanted to be liked by his
colleagues, to join what was known as the most exclusive club in the
world, but he was given to fits of speaking his mind, of rocking the
boat in ways that caused his colleagues distress and upset the constant
march toward consensus that characterizes the Senate. Some of his
colleagues found Kerry to be a headline hunter, the paramount Senate
brat, but the young senator retained a prosecutor's habit of following
clues in any direction.
In early 1986, Kerry staff members began an
investigation of allegations that the Nicaraguan Contras were getting
some of their arms money by trafficking in drugs, possibly with the
knowledge of the U.S. government. The inquiry raised questions in
Kerry's mind about whether the Reagan administration was willing to
overlook drug trafficking in favor of the administration's perceived
national security interests. However, he did not have the staff
resources to pursue the issue.
When Kerry got the chairmanship of a Foreign Relations
subcommittee called Terrorism, Narcotics, and International Operations
later in 1986, he wanted to use the panel as a vehicle to expand his
Contra inquiry into a full-blown examination of U.S. foreign policy and
drug dealers. To do so, he had to get permission from Senator Claiborne
Pell, the Rhode Island Democrat whose patrician demeanor symbolized the
Senate to many people. Pell granted the request, but he did not like the
sound of it. Foreign Relations was a policy-making committee, a place
where senior government officials and renowned academics testified on a
grand scale. Not since former Senator Frank Church had gone after the
CIA in the early 1970s had Foreign Relations been regarded as much of a
watchdog. It was, in Pell's view, no place for hooded witnesses
surrounded by armed U.S. marshals.
It was Kerry's investigation that Blum was hired to
head. The first hearings were held in the summer and fall of 1987 and
focused on the Bahamas, Cuba, and Costa Rica. After that, Blum and his
small staff had turned their attention to Panama and General Manuel
Noriega. As he was preparing for hearings on Noriega in early 1988, Blum
learned that Jose Blandon, Panama's ambassador to the United Nations,
was ready to blow the whistle on the general's dealings with the
Medellin cartel. Blum arranged immediately to interview Blandon and he
got an earful. Blandon even described a trip he had taken with Noriega
to Cuba, where Fidel Castro had mediated a dispute between Noriega and
the cartel after Panamanian soldiers had raided a cocaine laboratory.
Great material for a Senate hearing.
Blum's interest had also been piqued by the defecting
diplomat's description of Noriega's relationship with BCCI. Blandon said
that the bank was a favorite of Noriega's, and that the general moved
his own money through it and referred associates to the bank. Soon after
that initial session with Blandon, marijuana smuggler Leigh Ritch had
mentioned BCCI to Blum in a similar pretestimony debriefing. Late that
same month, Ritch's partner, Steven Kalish, had testified about the bank
at a hearing before another Senate committee. It was an accumulation of
information that Blum could not ignore.
Jack Blum was not unfamiliar with BCCI. While Blum was
in private practice in 1985, one of his clients had wanted to do an oil
deal with Attock Oil, the Pakistan-based company whose shareholders
included Kamal Adham and Ghaith Pharaon. The client's primary bank was
Mellon Bank in Philadelphia and it was asked to approve some financing
arrangements on the deal that would be done through BCCI.
"We won't accept a BCCI letter of credit. We
don't do business with them and we advise you not to," a Mellon
officer had told Blum and his client.
Blum was astonished. Here was a major American bank
refusing to do business with one of the largest international banks in
the world. He was smart enough to know that big banks keep blacklists.
He wondered to himself what BCCI had done to earn a spot on Mellon's
list. He was not in the investigative business at the time, so he did
nothing more than walk his client away from the transaction with Attock
and BCCI, but the incident stuck with him. When Blandon, Ritch, and
Kalish all mentioned BCCI, Blum set out on the trail of the mysterious
bank.
Jose Blandon testified before Kerry's subcommittee in
February of 1988 about Noriega and the cartel. Among the charts that he
used to illustrate the general's dealings with the drug cartel was one
that mentioned BCCI. After the hearing, Jack Blum put out feelers among
his contacts in the banking and petroleum worlds. He wanted to learn
more about the bank.
Blum's grapevine worked. Near the middle of March, he
got a telephone call from a former client with ties to the U.S.
intelligence community. The former client said that he had been in
contact with a BCCI executive who was fed up and leaving the bank. Blum
got the name, Amer Lodhi, and phone number in BCCI's agency office in
New York.
"I'm on my way out the door," Lodhi, a
lawyer who had worked years for the bank and for Ghaith Pharaon, told
Blum. "I didn't know what I was getting into when I came here. This
place is a cesspool."
Lodhi described the bank's enormous, worldwide network
of branches as little more than a cover for handling hot money. He said
the bank had strong relationships in China and extensive political ties
in Pakistan and elsewhere. He said the bank often flew favored clients
to London on its planes for medical treatment at hospitals there. Among
the clients receiving special treatment, he said, were Third World
dictators, arms dealers and terrorists, and Colombian drug traffickers.
"The real purpose of the branch system is to
create the climate to attract large personal customers who want their
money moved out of the country and want the funds managed discreetly and
free from prying eyes," Lodhi explained to Blum.
Since Agha Hasan Abedi's heart surgery, he said, the
bank's management had been in disarray and there had been a power
struggle to replace the ailing founder.
Asked about Noriega, Lodhi identified several people
within the bank who were aware of the general's secret accounts. The
main banker on it, he said, was named Amj ad Awan and the records of
Noriega's accounts and others were kept in Miami. But he advised Blum to
hurry with a subpoena if he wanted to get the Noriega account records.
The bank and Awan were hiding Noriega's assets within the mega-branch
system in a scheme to "rewrite the history" of its
relationship with the Panamanian leader since his February indictment.
Senate subpoenas must be authorized by a full
committee. On March 25, a week after Blum '5 conversation with the BCCI
executive, Senator Kerry asked the Foreign Relations Committee for
subpoena power in the BCCI investigation. The committee authorized
issuing subpoenas to BCCI and two officers demanding the records of its
dealings with Noriega and other accounts in Panama. About the same time,
Blum checked with federal prosecutors in Miami. The Noriega indictment
there was less than two months old. Maybe they knew something about the
bank. There was the danger that the subcommittee subpoenas would set off
a document-destroying frenzy within the bank that could damage the
criminal prosecution of Noriega.
Dick Gregorie was the Miami prosecutor who had
assembled the case against Noriega there. He and Blum had clashed in
late 1987 when the Senate subcommittee wanted testimony from some of the
witnesses in the grand jury investigation of Noriega and Gregorie had
refused. He was a professional prosecutor protecting his case, and Blum
had understood. This time, Gregorie told Blum that Tampa was working on
a big case involving BCCI. He advised him to call there.
In early April 1988, Blum spoke with Joseph Magri, the
first assistant U.S. attorney in Tampa. Blum said that he was examining
the relationship between Noriega and BCCI. He had received authority to
subpoena bank records but wanted to check first with the prosecutors.
Magri was alarmed, both by the investigation itself and at the prospect
of a subpoena. He urged Blum to back off, telling him that a sensitive
undercover investigation could be jeopardized if anything was done to
spook the bank. Blum was reluctant at first. Too often, he had found,
the Justice Department and other agencies tried to hide under the
blanket of ongoing investigations.
When Magri talked with Mark Jackowski about Blum's
call, he learned that Amjad Awan had mentioned the Senate investigation
to Mazur in a conversation less than a month earlier. It seemed that
BCCI had a source close to the committee who had learned a little about
it. Awan had not seemed too worried, but the prosecutors agreed that
they did not want Blum's probe to get higher profile with the bank.
So Magri arranged a conference call for Blum with the
lead Customs supervisors on the undercover case, Bonni Tischler and
Steve Cook. The idea was to impress upon him the need for backing away
completely. By this time, Blum had decided not to issue the subpoenas.
He did not want to endanger the lives of the undercover agents, but he
did want to use the conference call to alert the Customs agents to the
type of operation they were investigating.
The agents on the other end of the line were never
identified to Blum. They listened and Magri did most of the talking as
Blum explained that he had a source inside the bank who had identified
Awan as the bank officer who handled the Noriega account. Blum described
the outlines of the widespread corporate-instituted corruption relayed
by the BCCI executive. Two of the unidentified Customs officials echoed
Magri's deep concern that the Senate postpone its investigation. Without
providing any details of the undercover operation, they pleaded,
"Please don't serve your subpoenas." Blum told them that he
had already decided to hold off, at least for the time being.
By July 1988, Kerry's hearings were over and the
investigation was winding down. Jack Blum was busy writing the final
report, but the Bank of Credit and Commerce International was still in
the back of his mind as he waded through page after page of testimony
and evidence to compile the voluminous report. What he really wanted was
another crack at uncovering the institutional corruption at BCCI
described by his source.
The chance came on July 26. Early that Thesday
morning, a woman called Blum at his office on the fourth floor of the
Senate's Dirksen Office Building. From the connection, Blum assumed it
was an international call. From her voice, she seemed to be British.
"I understand you are investigating BCCI,"
the woman said.
"Who are you? Where are you calling from?"
asked Blum.
"That doesn't really matter," she said.
"There's someone in London you ought to talk to."
The woman then gave him the name and telephone number
of Syed Z. A. Akbar at Capcom Financial Services. As soon as she hung
up, Blum dialed the number in London and got Akbar on the telephone.
"I've just been told that you have information
about BCCI and I'd like to talk to you," said Blum.
"Send me a letter inviting me to come over and
talk to you and I'll come to your office," replied Akbar.
Sometimes it's better to be lucky than smart. This
appeared to be a gift from heaven. In instances like this, investigators
often stop to consider the motives of the person who is volunteering
information, for it helps to understand the context of the material.
Blum figured he was dealing with a disgruntled former employee, often an
investigator's best source.
Blum, of course, had no way of knowing the depth of
Akbar's grudge against BCCI or the complicated motives driving him.
Akbar felt he had been mistreated when he had been forced to leave the
bank. For Akbar, this was an opportunity to work through someone else to
get back at BCCI. He might even hand over the computer disks that would
blow the lid off the bank. Or he might threaten to do so and see what
the bank offered in return.
On July 26, Blum telefaxed a letter to Akbar formally
inviting him to meet with Blum and one of his colleagues on the
investigation, Kathleen Smith. "We would prefer meeting you here in
Washington, although we are prepared to meet you elsewhere in the United
States or in London," it said.
Akbar was not certain when he would be able to meet
with them. He wanted to do it in the United States, and he expected to
have some business there soon. Spurred by the possibility of mining
Akbar for information, Blum and Kathleen Smith decided to make another
push for information about BCCI and Noriega. There was still time to get
it in the final report, or even hold a new round of public hearings. The
authority to issue subpoenas was still in effect.
Blum contacted the Department of Justice in Washington
to see if it was okay to demand the bank's records. He was given the
green light at main Justice. This would later turn out to be a
bureaucratic mistake on the part of the Justice Department, since the
C-Chase undercover operation was still going on. But on July 28, with
the department's okay, four subpoenas were issued: one each for BCCI in
Luxembourg and the Cayman Islands, one for S. M. Shafi, the manager of
its Miami office, and one for Khalid A. Awan.
The two demands for the bank records were sent to the
bank's lawyers, Clark Clifford and Bob Altman. Shafi's was served at the
office on Brickell Avenue in Miami, but the Awan who got the last
subpoena was an aerospace engineer with Rockwell International in Miami.
Because the information about Awan was sketchy, Blum had relied on
telephone records in Miami. Awan's subpoena had gone to the wrong guy.
The deadline for complying with the subpoenas was August 11.
In early August, Syed Akbar walked through the door of
Jack Blum's cramped office in the Dirksen Building. It was only days
after Akbar had allegedly agreed to accept the $23 million from
Noriega's accounts at BCCI. That information would have been of enormous
value to Blum and the Senate investigation, but Akbar had no intention
of giving it up, at least not yet. He was in Washington on a fishing
expedition to find out how much Blum really knew about BCCI and his
friend Awan.
To Blum, Akbar appeared to be someone off the pages of
GQ, the men's magazine. He was handsome and trim, wearing an elegant
suit and a wry grin.
"All BCCI does is launder money and Noriega is
only the beginning," said Akbar. "The bank is extremely
nervous about your investigation. I know you are trying to talk to Awan.
He is being advised to leave the country by the bank's lawyers. But he
would like to cooperate with you if he can do so."
Akbar hinted that he had documents that could be
helpful to Blum, but he was not interested in giving them up just yet.
It seemed to Blum that Akbar was sniffing around to see how much Blum
knew about BCCI. When Akbar volunteered to talk to Awan about
cooperating, Blum accepted happily and crossed his fingers.
A few days later, Blum flew to New York and met Akbar
at the Inter-Continental hotel, where he bought the Pakistani an
expensive lunch. The tab was too much for his Senate per diem, so he had
to put it on his own credit card. It was a small price to pay. Akbar
told him that Awan had agreed to talk and would be in touch the next
time he was in Washington. Akbar then got on a plane to return to London
in plenty of time to accept Noriega's $23 million into an account at
Capcom, as a later indictment charged.
After Akbar's promise to deliver Awan, Blum had spoken
confidentially about the pending interview with some of his friends in
law enforcement. Several of them warned him not to talk with Awan at his
house. The bank's clients were a rough bunch and who knew what Awan
might pull.
"You're taking a great risk," one of the
agents warned Blum.
The bank's friends also were a smooth bunch. In early
August, Clark Clifford had contacted his old friend Claiborne Pell, the
chairman of the Senate Foreign Relations Committee. Clifford told the
senator that the bank was having difficulty complying with the
subpoenas. The records were spread around the world and there were lots
of them. Pell had suggested that Clifford contact the staff director of
the full committee, Geryld Christianson. When Clifford explained his
case to Christianson, the staff director agreed that there were valid
reasons for extending the deadline. Christianson telephoned Dick McCall,
Kerry's senior foreign policy aide, who agreed that the deadline would
be pushed back a month since Congress was in recess and Blum was out of
town for several days.
It was a frantic time for BCCI officials. Clifford,
Altman, and bank employees were making repeated trips back and forth
between London and Washington in an effort to decide what to do about
the Senate investigation. Awan was deeply involved in these discussions
and was spending a considerable amount of time in Washington.
For his part, Blum was angry about the delay in
getting the documents demanded by the subpoenas. Anger turned to outrage
when Blum heard allegations that BCCI documents were being destroyed
instead of turned over to the subcommittee. Former employees of First
American and BCCI, he said, had provided him with reports that the
Noriega documents had been flown to Washington from Miami and were being
shredded at the First American offices. The reports claimed that Swaleh
Naqvi, the acting head of the bank, had supervised the destruction of
documents. Blum had confronted Altman with the allegations, but the
lawyer denied that any material was being destroyed. And Blum never
received any proof of the claims.
These concerns, however, convinced Blum that he had to
interview Awan as soon as possible. He was willing to ignore the advice
of his friends in law enforcement.
Monday, September 5, 1988, was Labor Day. As
they sat in Blum's living room in front of a wall of glass, Amjad Awan
and Jack Blum watched sheets of rain sweep across the creek and woods
outside.
On the day of the meeting, it was Awan who seemed
nervous and guarded. He described his background briefly, his father's
role in Pakistan's intelligence service, his own years as an
international banker. He explained that he had been introduced to
Noriega by one of his superiors in London several years earlier and had
cultivated Noriega when he was transferred to Panama. He talked about
the loan to Ricardo Bilonick and his dealings with other Noriega
associates, such as Enrique Pretelt and Cesar Rodriguez.
Surprising details were revealed about the Noriega
account. Awan told of how it had been opened with a cash deposit of
about $200,000 and how checks and cash had raised the balance into the
millions over the years. He described handing out money to politicians
on Noriega's orders.
"Have you ever been approached to launder drug
money?" asked Blum.
"Never," Awan assured him. "BCCI had a
conscious policy of avoiding drug money."
Blum sensed that he was not getting the full story
from Awan. It certainly did not fit with the information he had received
from Blandon and others, but he also had the feeling that Awan was there
to cut some sort of deal. Clearly, here was someone who was intelligent
and sophisticated. Perhaps the banker thought that he could give Blum a
little and avoid having to testify in public.
Blum decided to scare him. Not with what the Senate
could do, but with what Noriega might do if he thought Awan was better
off unable to spill his secrets. The logic was to persuade Awan to tell
everything at a public hearing and thus eliminate the reason for Noriega
to harm him. So Blum had showed him testimony from Floyd Carlton Caceres,
Blandon, and others who described Noriega's violent streak and made
allegations that the general was involved in voodoo and homosexuality.
Blum told him of uncorroborated evidence that Noriega brutalized women
and had ordered Hugo Spadafora tortured and beheaded.
"Listen," Awan interrupted, trying to
control his agitation. "I've known him now for about ten years.
I've been with him on occasion for two weeks traveling with him, been
with him in Panama and, you know, day and night. And if there was
anything of this sort, I would have known something about it. But
listen, he's like you and me, you know."
When Awan said that the bank's lawyers did not want
him to testify before the subcommittee, Blum suggested that he hire his
own lawyer. Awan's interests and the bank's were not necessarily the
same in this matter, he said, writing down the names of three law firms
that specialized in representing witnesses before Congress. He also
promised Awan the full protection of the subcommittee.
After six hours of mixing truth with lies and
omissions, Awan left Blum's house. His hope was indeed that he could
avoid a formal appearance before the subcommittee. His fear was that
what Blum had told him about Manuel Noriega was true. So, as he told Bob
Mazur a few days later back in Miami, he had cleaned out his office and
dropped out of touch with the bank until he could figure out what to do.
In the meantime, he hired a lawyer.
Blum wanted Awan at the witness table in front of the
committee before the end of September. And he wanted to do so without
letting Clark Clifford and Robert Altman know any further in advance
than necessary. He felt they were stonewalling the subcommittee on its
request for documents. Awan's allegations about being instructed not to
testify increased his suspicions.
But Blum could not get a hearing date. The
congressional session was coming to a close, there was the usual crush
of last-minute business, and everyone's eyes were on the presidential
and congressional elections in November. Members wanted to get home. So
he had to settle for a formal deposition. At least that would put Awan
on the record.
After getting Awan's address in Coral Gables, Blum had
a new subpoena served on him. Awan was to appear before the subcommittee
counsel and staff for a sworn statement on September 30. A few days
before the appearance was scheduled, Blum wrote a memo to the staff
files about his earlier conversation with Awan. Across the top, he
wrote:
"Warning. The contents of this memo are committee
sensitive. Disclosure of the contents or the fact of Mr. Awan's
cooperation with the committee could endanger his life."
At one point in this period, Blum had asked Altman
about the prospects for questioning Awan. "Maybe you can see him if
you travel to Paris," said Altman. While Blum interpreted this
remark as confirmation of Awan's story that Altman and the bank's other
lawyers were trying to keep the banker from testifying, Altman told a
different story.
Much of Awan's story to the bank's lawyers had been
the same as the version he had told Blum. He maintained that he knew
nothing about any money laundering at the bank, that Noriega's accounts
had been handled legally, if secretly. For that reason, Altman would say
later that he was eager for Awan to testify before the Kerry committee.
The hang-up, he said, was Amjad Awan's own fear that Noriega would have
him killed.
In Altman's version, the bank management had suggested
transferring Awan to Paris in hopes he could assume a lower profile
within the bank, but only after Awan had cooperated with the Senate
investigators. "There was no effort to prevent Mr. Awan from
testifying," Altman would say in sworn testimony before the House
Banking Committee in September 1991.
But Awan had conveyed a different interpretation to
both Mazur and Blum. He saw the transfer as part of a scheme to silence
him.
Clark Clifford had made his first appearance in
Senator John Kerry's office near the end of September in 1988. The two
men sat in armchairs in the office, which was far smaller than
Clifford's expansive office downtown. In his deep voice, Clifford had
promised politely that the bank wanted to cooperate in any way possible
with the subcommittee's inquiry.
"I want you to understand," he told Ker?y.
"We are prepared to cooperate. We want to be helpful."
His hands folded in trademark steeple-fashion in front
of him, the lawyer assured Kerry that he knew of no documents regarding
General Noriega that were in the possession or under the control of BCCI,
apart from a small number already turned over, but if any such documents
were uncovered, they would be turned over to the subcommittee in
accordance with the subpoena.
Kerry wanted to believe this. He did not want to buck
Clark Clifford and all that he symbolized. So far, however, the bank had
been less than cooperative. Some documents had been provided, but they
were of little relevance. Some travel records for Shafi and Awan had
been turned over, but Blum and the other key staffers on the
investigation, David McKean and Jonathan Winer, were telling Kerry that
critical records were being withheld and possibly destroyed. The senator
did not challenge Clifford. Nor did he ask about Amjad Awan's claim that
First American was owned by BCC I. Here was a man who deserved the
benefit of the doubt. Instead, he assured the lawyer that he was happy
that the bank was cooperating.
Why did John Kerry not confront Clark Clifford? After
all, it was Kerry who was insisting on keeping the investigation of BCCI
going. One explanation lies in Kerry's own character. He tends to
operate in bursts, pushing relentlessly on a subject and then seeming to
lose interest in it. Also, Kerry was learning the Washington game and
beginning to think of himself as possible presidential timber down the
road. That meant that certain people were not attacked, at least not
until all the evidence was in.
By this time, Kerry had become chairman of the
Democratic Senatorial Campaign Committee. Known by the shorthand DSCC,
the committee was one of the key fund-raising mechanisms for the party's
senators and a big step on the path to power in Washington.
Political campaigns cost millions of dollars these
days, mainly because they rely on expensive television advertising. As a
result, members of the House and Senate spend a great deal of their time
raising the campaign money necessary to keep them in office. And they
succeed, with more than nine out of ten congressmen winning reelection.
To raise the funds, most of these politicians tap the special interest
groups affected by the legislation they handle. The clearest example of
the dangers of this system was the savings and loan disaster, in which
campaign contributions by thrift owners gained them access to the
highest levels of U.S. government.
In addition to personal contributions, the special
interests contribute millions of dollars through political action
committees, or PACs. Much of both the individual donations and PAC money
is channeled through the DSCC and its counterpart organizations for
Republicans and House members. So Kerry's new job put him at the center
of power and meant that he would rub shoulders with the movers and
shakers who were financing the Democratic Party.
One of these men was David Paul, the owner of CenTrust
Savings in Miami and a pal of Ghaith Pharaon. On July 20, 1988, Kerry
hosted a reception honoring Paul, one of the largest contributors to the
DSCC, and later the senator used Paul's private jet to fly to a DSCC
leadership meeting. He was one of forty select guests at a $122,000
dinner thrown by Paul in Miami that December. Ghaith Pharaon was guest
of honor. Later, Paul would boast that he had derailed Kerry's
investigation. It was not true. But the senator's rising political
profile grated on Jack Blum in the summer of 1988 because of some of the
people it put Kerry next to.
Four days after Clifford's call on Kerry, Amjad Awan
appeared for his deposition shortly after ten on the morning of
September 30 in an office in the Capitol.
Awan was accompanied by his own lawyer, a former
Senate legal counsel named John Grabow. Awan had hired him following his
long session with Blum. Grabow had told Altman and Clifford that he was
representing Awan, so the bank's lawyers were aware of the deposition.
Attending with Blum were Jim Lucifer, the top Republican staffer on the
Senate Foreign Relations Committee, and two of Blum's
associates-Kathleen Smith and Jonathan Lichtman. Also present as
testament to Awan's fears were two guards from the congressional
security office, Alvin Romanowski and William Cochran.
There were no surprises. Awan's sworn testimony
essentially tracked what he had told Blum three weeks earlier on that
rainy day in Annapolis. He stuck steadfastly to his story that BCCI was
not involved in any illegal money laundering, so far as he knew.
The deposition had been taken just in time. On the
following Friday, October 7, Jack Blum learned of the impending climax
of Operation C-Chase. The investigator was told that the arrests of Awan
and several other BCCI bankers on money-laundering charges were expected
to start the following day. Apart from informing Kerry, Blum was urged
to keep the information secret.
He sat on the material until after the arrests, but
then played a game the C-Chase agents would have trouble understanding
when they learned about it months later. Whether on his own initiative
or at the direction of Senator Kerry, he called Clark Clifford's law
office on Monday and asked for an urgent meeting. On Thesday afternoon,
after the Customs Service announced the arrests to the press, John F.
Kovin, a partner at Clifford & Warnke, and Robert A. Altman himself
met with Jack Blum at the Kerry subcommittee's office. Blum handed over
the packet he had received from Customs the week before, without reading
it: the packet included a draft press release that was never meant to go
further than the Customs Service headquarters. Blum said that he sought
the meeting to show the lawyers how deeply BCCI was implicated in the
case. The packet later surfaced at the Tampa trial, in a filing by one
of the defense lawyers. It may not have had any effect on the case, but
the incident showed just how much access Clifford & Warnke still had
to the Senate staffers attempting to investigate BCCI.
The arrests occurred on Saturday as planned. On
Thesday, Customs boss William von Raab held his televised press
conference on Operation C-Chase. He warned banks around the world that
they had better know their customers or face the same sorts of charges.
BCCI responded with a press release asserting that it
was the victim of "a malicious campaign" and had never been
involved in laundering money from drug trafficking. "BCC has a
strong belief in the legal processes of the United States of America and
is confident of a satisfactory outcome," said the statement
distributed to news organizations around the world.
The next day, the sting and the arrests were big news
in newspapers around the world. But hard as he looked, Blum could find
no mention of Manuel Noriega and the dictator's connection to the bank
and Awan. He decided that Von Raab was playing politics with the case.
Noriega had been left out because the bank's tie to him would reawaken
questions about relations between the Panamanian and the CIA under
George Bush. With a month to go before the presidential election, such
questions could prove embarrassing for Bush.
So Blum went to Kerry and persuaded the senator that
this was a connection that should not be swept under the rug until after
the election. Kerry authorized the release of a transcript of Awan's
deposition detailing some parts of his relationship with Noriega. It
generated another round of news stories, more to Blum's satisfaction.
And then the story died.
The only blip on the screen related to BCCI was a
story in December in The Boston Globe. In a deposition to Kerry's
subcommittee, Aziz Rehman, the one-time gofer at BCCI in Miami, had
described dragging around bags full of cash. The story said that Rehman
had gone to the IRS with his allegations and there had been no follow-up
investigation.
The criminal case in Tampa put an effective lid on the
subcommittee's efforts to obtain more bank documents from Clifford and
Altman. The Justice Department had demanded the same records, and their
request took precedence. Blum spent the remainder of the fall working
with Dick McCall, David McKean, and Jonathan Winer of Kerry's staff to
draft a massive report from the hearings in 1987 and 1988.
Blum kept after BCCI information, however, mining his
network of sources for information and hoping that the subcommittee
could hold hearings on the bank sometime in 1989. Kerry, too, remained
interested in the bank. Blu m's contract as special chief counsel for
the subcommittee expired in December, but Kerry had persuaded Senator
Pell to authorize the additional money to keep Blum on a monthly basis
until the subcommittee report was published. In March the Rhode Island
senator said that the investigation had gone far enough and there would
be no more money since the report on the investigation was done and
scheduled to be published in April. Blum would be out of a job on March
31, 1989.
By the spring of 1989, Jack Blum was in too deep to
let go of BCCI just because his job had ended.
In early March, Blum's old friend with the
intelligence ties, the one who had put him in touch with Amer Lodhi a
year earlier, sent him a memorandum in which a man identified as a BCCI
executive boasted that the bank's lawyers had succeeded in quashing the
Senate subcommittee's investigation of BCCI. Blum was angered by the
allegation and fired off a memo of his own to Kerry complaining about
it. He also decided to try to get the Operation C-Chase investigators to
take a broader look at the bank.
A week after getting the boastful memo, Blum persuaded
Amer Lodhi to meet him in Miami to talk about the bank's operations
again. Since the C-Chase indictment, Blum had gotten to know Steve Cook,
David Burns, and some of the other Customs and IRS agents assigned to
the case. He contacted them with a promise of new information on the
case and they arranged to record the meeting without Lodhi's knowledge.
The meeting was set for late March at the Embassy
Suites hotel near Miami International Airport. The hotel had been
selected because all of the rooms were suites, which meant that Blum and
Lodhi could sit and talk comfortably in the living room. In a smaller
room, Lodhi might have wanted to have the conversation in the hotel
lobby or another more comfortable place.
Two suites were rented, side by side. The plan was for
the Customs technicians to drill through the wall between the suites and
insert a tiny microphone to pick up the conversation. Agents would sit
in the next room and monitor the meeting. What they did not count on was
that the hotel was built of poured concrete, a substance that does not
take well to drilling. They did not want to alert hotel authorities, so
the technicians could only drill when there was an airplane passing
overhead to cover up the sound. Still, they could not get through the
wall. Finally, in frustration, they ran the wire out the window of the
listening room and into the other suite. They ran it under the carpet
and stuck the microphone behind the couch.
For several hours over the course of three days, Blum
pumped Amer Lodhi for specific information. Again, Lodhi described
corruption on a global scale: insider loans to major shareholders, the
use of front men to acquire banks in the United States, money laundering
and capital flight, massive trading losses covered up with fake loans. A
laundry list of accusations.
On the third day, Blum spent two hours persuading
Lodhi to cooperate with Tampa prosecutors in the BCCI case. Lodhi
protested that he feared for his life, that the bank would think nothing
of having him murdered. In the end, with assurances of confidentiality,
he agreed, and that day he and Blum were flown to Tampa to meet with the
BCCI prosecutors.
By this time, Mark Jackowski had been joined on the
case by Michael Rubinstein, another assistant U.S. attorney in the
office. The Customs agents, who seemed interested in the allegations,
wanted the prosecutors to hear firsthand what the witness had to say.
The question in the agents' minds was whether the information was
relevant to the pending case against the bank and its employees.
Armed Customs agents accompanied Blum and Lodhi on a
USAir flight from Miami to Tampa. They were supposed to be met at the
airport by other agents and taken to a hotel suite for a meeting with
the prosecutors. For security reasons, they did not want to take Lodhi
to the federal building downtown, but it turned out that all the suites
in local hotels were booked. Blum, Lodhi, and their Customs guards wound
up driving from hotel to hotel trying to find a suite large enough for
their meeting. Finally, after the agents said they had no luck at a
Howard Johnson's motel, Blum stomped out of the car and into the
registration office. When he came back, he had rented a conference room
for the session.
Lodhi was nervous and frightened. Before saying
anything, he elicited a promise that his name would be kept
confidential. He also was cagey as he began to repeat the highlights of
his story for several Customs agents and Mark Jackowski.
Mike Rubinstein was late, but he arrived with a
splash. Rubinstein is a voluble man, one whose loose talk sometimes
caused Jackowski and others to wince or motion for him to keep quiet.
Walking into the room, he asked, "Are you the guy we taped in
Miami?" Lodhi did not quite hear what the prosecutor said and
Rubinstein was hustled out of the room by one of the Customs agents. In
the hall, the agent explained that Lodhi did not know he had been taped
and was already plenty nervous.
Over a couple of hours, Lodhi provided a more cautious
version of what he had told Blum. He told everyone that he did not want
to be a witness, that he was providing this information only as leads, a
road map for the investigators and prosecutors to follow. He said that
he feared for himself and his family if he went public with what he knew
about BCCI. Amer Lodhi did not want to appear in court, and he
constructed his story and his answers to the questions from Jackowski
and Rubinstein in a way that seemed designed to avoid having to testify.
Basically, only a witness with firsthand knowledge of
criminal activity can testify in a trial. Rumors and information passed
on by someone else fall into the category of hearsay and are rarely
admissible in court. Lodhi was careful to couch his information in terms
of secondhand knowledge or general rumor within the bank. For instance,
when Jackowski asked him how he knew about huge insider loans to bank
shareholders, Lodhi said, "Everybody knew that."
While Blum thought that Jackowski and Rubinstein
seemed excited at the new information, the prosecutors really saw little
that they could use. Their indictment, by its nature and the demands of
law, was focused tightly on what had occurred during the undercover
operation. The case would rest on the taped conversations and the
testimony of Bob Mazur. It was a complicated piece of prosecution to
begin with, since the jury would be asked to follow the money through
the banking system. Plus, the entire team was devoted to complying with
the barrage of motions being filed by defense attorneys. More than 2,000
taped conversations had to be transcribed and the top fifty or so
selected for use at the trial.
The information from Lodhi was deemed too tangential
to pursue as a new case. It was possible that Lodhi might be called as a
witness in the case against BCCI to show that the bank was corrupt from
top to bottom, but there were two problems from the point of view of the
prosecutors. One was Amer Lodhi's obvious reluctance to testify in
court. The other was Jack Blum.
According to Jackowski and Rubinstein, at one point
during the questioning of Lodhi, Blum had taken them aside. Explaining
that his job with the Kerry subcommittee was ending that month, Blum
offered to continue helping the criminal investigation. However, he
wanted to be paid. He would not go on the payroll. Rather, he proposed
that he be paid out of funds available to confidential informants.
In characteristically blunt language, Mark Jackowski
later described the incident this way: "Blum wanted to become a
paid snitch."
The request was rejected immediately by the two
prosecutors and it changed their perception of Jack Blum. In their view,
his motives were suddenly tainted. They decided that this was a guy who
should be kept at arm's length. (Blum denies ever seeking money from the
prosecutors, saying later: "It is absolutely untrue. I never
brought up the subject of money.)
- Despite what they said were their misgivings about
Blum, in early April the prosecutors and agents went through a similar
process with a former BCCI executive whom Blum had persuaded to meet
with him in Miami. This time, the agents chose the Hilton Hotel near
the airport since it was deemed to have more accommodating walls. A
day-long interview in which the banker provided a similar story to
that of Lodhi was climaxed with another trip up to Tampa for a session
with the prosecutors.
As the days passed after these two sessions, Jack Blum
began to believe that the prosecutors and agents in Tampa were not
following up on the information his sources had provided them. The
sources had not been contacted by any government authorities. Other
avenues for pursuing the information appeared to be untrodden. When Blum
telephoned Steve Cook, the case agent on C-Chase, he often could not get
through and his calls were rarely returned.
It is possible that the reaction of Jackowski and
Rubinstein to Blum's supposed request for money had so colored their
view of the information provided by his informants that it was not given
proper consideration. Even if Blum never asked for money, there was
another explanation for the apparent unwillingness of the prosecutors to
pursue the broader allegations at that point in the case.
In the spring of 1989, the prosecutors were immersed
in the legal complexities of preparing the BCCI case for trial. They
were working on a new, broader indictment of the bank and its employees
as well as responding to dozens of motions filed by a small army of
top-notch defense attorneys. In addition, Jackowski and Rubinstein both
had a full load of other cases. Another factor at play was the basic
strategy of the prosecution, one that is followed in virtually every
U.S. attorney's office around the country.
"Convict the people that are in your gunsights,"
explained Gregory Kehoe, who had replaced Joe Magri as the first
assistant U.S. attorney. "You take the case you have and you win
it. You get the bank and you get the employees. Then you get them to
cooperate and you move ijp. That is the traditional way of operating at
the Justice Department, and it is the strongest way of operating."
Mark Jackowski has a more colloquial way of explaining
the process:
"It's like a dinner with a number of courses.
Your mother tells you that you have to eat what's on each plate before
you get the next course. So we ate all the food on all the plates. But
we didn't forget about dessert."
Despite his years of investigating complex crimes and
his righteous indignation over the apparent crimes of the Bank of Credit
and Commerce, Jack Blum had never been a prosecutor. His experience said
that he should charge ahead.
So, near the end of April, Jack Blum decided to take
matters into his own hands. If the feds were not going to move fast
enough on the BCCI trail, he would find someone who would do so.
By this time Blum was off the Senate payroll and
Kerry's investigation into the bank was being handled chiefly by David
McKean and Jonathan Winer. One afternoon, Blum took McKean aside and
said that he planned to take the information that he and the
subcommittee staff had learned about BCCI to Robert Morgenthau, the
district attorney in New York City. If a state prosecutor started
raising hell about BCCI, Blum explained, then the Feds would have to
follow. He asked McKean to tell Kerry of his decision, and the senator
later gave his blessing to the mission.
The U.S. attorney in Manhattan from 1961 to 1970 and
the district attorney for New York County since 1975, Bob Morgenthau had
a reputation for unstoppable integrity and enough sophistication to
handle a major financial investigation. He also had preached that a
critical step in fighting the drug problem was stopping the suppliers
from getting their money out of the United States. Indeed, Morgenthau
had been the very first witness at the same February 1988 subcommittee
hearings at which Jose Blandon had mentioned BCCI. And he had railed
against the billions of dollars in money taken out of the United States
by the drug barons, calling it a "contemporary Marshall Plan."
Not only did Blum expect Morgenthau to be receptive to
going after a money-laundering bank, he thought he might have a way for
the district attorney to gain jurisdiction. First American Bankshares
owned a New York bank. If Amjad Awan was right and BCCI controlled First
American, it would be a way into the case for the New York district
attorney's office.
In late April, Blum had three or four prospective law
clients to see in New York, so he made an appointment for late one
afternoon with Morgenthau and wound up sitting in the district
attorney's memento-filled office in the south wing of the massive
Criminal Courts Building in lower Manhattan.
"Look, this is why I'm here," said Blum.
"I stumbled upon this problem. It's enormous. Maybe the biggest
bank fraud ever. It was with the Feds in Tampa, but Tampa doesn't have
the will or the resources to follow up on it. It may be a giant Ponzi
scheme with drug money. The bank appears to be built on air. Loans to
shareholders are counted as capital. Noriega is involved and who knows
who else. The U.S. attorney's office in Tampa has reached the end of the
road. Senator Kerry's mandate to hold hearings has expired. And we
couldn't get the interviews we wanted."
Morgenthau nodded as Blum explained how his office
might have jurisdiction through First American Bank of New York. The
district attorney summoned John Moscow, the deputy chief of his fraud
division, to the office and introduced him to Blum. Moscow then took
Blum to his office one floor below, where Blum described what he knew
about the BCCI network in far greater detail for Moscow and two
financial crimes investigators who worked for him. He also said he would
contact the two potential witnesses and help persuade them to cooperate
with the new investigation.
- Walking out of the district attorney's office, Jack
Blum felt a sense of relief. He was confident that nobody could stop
Robert Morgenthau. Finally, he believed, someone was going to go after
the Bank of Credit and Commerce International in earnest.