Haiti Narcotics Activities, senate hearing, iii+54p

MISSING IMAGE

Material Information

Title:
Haiti Narcotics Activities, senate hearing, iii+54p
Physical Description:
Mixed Material
Publisher:
Wash., GPO, 1989

Notes

General Note:
4-trUS-1988
General Note:
SLU-Locust St-KF26.5 .N37 1988h

Record Information

Source Institution:
Saint Louis University
Holding Location:
Saint Louis University
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
LLMC31950
System ID:
AA00001201:00001

Full Text






















This copy of a rare volume in its collections,
digitized on-site under the
LLMC Extern-Scanner Program,
is made available courtesy of the

Saint Louis University Law Library





Y I. S. HRG. 100-1023
HAITIAN NARCOTICS ACTIVITIES






HEARING
BEFORE THE
CAUCUS ON
INTERNATIONAL NARCOTICS CONTROL
OF THE

UNITED STATES SENATE
ONE HUNDREDTH CONGRESS
SECOND SESSION
ON
THE MAGNITUDE OF HAITI'S ROLE AS A TRANSSHIPMENT POINT FOR
NARCOTICS IN THE UNITED STATES

MAY 21, 1988

MIAMI, FL

Printed for the use of the Senate Caucus on International Narcotics Control




US DEPOS
S I
3 L A 25'89 A
U W






U.S. GOVERNMENT PRINTING OFFICE
95-655 WASHINGTON : 1989


For sale by the Superintendent of Documents, Congressional Sales Office
U.S. Government Printing Office, Washington, DC 20402


































SENATE CAUCUS ON INTERNATIONAL NARCOTICS CONTROL
[Created by Public Law 99-151]

JOSEPH R. BIDEN, Delaware, Chairman
ALFONSE M. D'AMATO, New York, Cochairman
DENNIS DECONCINI, Arizona FRANK H. MURKOWSKI, Alaska
ALAN J. DIXON, Illinois PETE WILSON, California
BOB GRAHAM, Florida

(II)










/1<'
Af





CONTENTS


STATEMENTS OF CAUCUS MEMBERS
Page
Graham, Hon. Bob, a U.S. Senator from the State of Florida ............................ 1
D'Amato, Hon. Alfonse M., a U.S. Senator from the State of New York............ 2
ALPHABETICAL LIST OF WITNESSES
Biamby, Roger, executive director, Haitian-American Community Association
of D ade, Inc .......................................................... .................................................. 5
Cash, Tom, special agent in charge, Miami Field Office, Drug Enforcement
A dm inistration ...................................................................................................... 13
Dickson, Clarence, chief of police, Miami Police Department............................... 28
Heavey, George, Regional Commissioner, Southeast Region, U.S. Customs
Service ........................................................................................................................... 10
Lanfersiek, Michael, special agent, Florida Department of Law Enforcement... 37
Pierre-Louis, Fritz, former lieutenant, Haitian Army.................................. ..... 8
Piou, Edward, Charge D'Affaires, Embassy of Haiti............................... ....... 4
Shaw, John, Assistant Commissioner for Investigations, Immigration and Nat-
uralization Service ................................................................................................ 31
Stewart, Malone, captain, Metropolitan Bureau of Investigation, Orange
County Sheriffs Offi ce......................................................................................... 37


(III)












HAITIAN NARCOTICS ACTIVITIES


SATURDAY, MAY 21, 1988
U.S. SENATE,
SENATE CAUCUS ON INTERNATIONAL NARCOTICS CONTROL,
Miami, FL.
The committee met, pursuant to notice, at 10:30 a.m., in room
2106, Wolfson Campus, Miami-Dade Community College, 300
Northeast 2nd Avenue, Miami, FL, Hon. Bob Graham presiding.
Also present: Senator D'Amato.
OPENING STATEMENT OF SENATOR GRAHAM
Senator GRAHAM. Good morning.
I wish to welcome all of you to our hearing this morning, which
is being held under the auspices of the Senate Caucus on Interna-
tional Narcotics Control.
This Caucus is chaired by Senator Biden, and Senator D'Amato
is the ranking minority member of the Caucus and has been a
leader in the Senate and in America in bringing attention to the
issue of drugs and their impact on our society.
I would like to also express my appreciation to the leadership of
the Miami-Dade Community College, to Dr. McCabe, the members
of the board of trustees, and to Dr. Padron for their continuing
generosity in allowing us to utilize their excellent facilities for
public needs of this nature.
A year ago, Senator Biden chaired a hearing which was held also
at the New World Campus of the Miami-Dade Community College
on narcotics control.
I appreciate his continued interest and leadership in this impor-
tant issue.
Today I am joined by my colleague, Senator Al D'Amato, Repub-
lican from New York. Senator D'Amato has been a recognized
leader in the fight against drugs and in the efforts to bring greater
international recognition to the severity of the problem and to mo-
bilize American resources.
In the last 2 weeks, we have had the opportunity of working
closely in developing a new approach to how the American military
can be effectively involved in the efforts to stem the flow of drugs
into this country.
During some very strenuous and lengthy negotiations, Senator
D'Amato displayed a unique understanding of this issue, and his
wisdom and advice are an important part of shaping the American
policy.
I appreciate your making the effort to be with us today, and we
look forward to receiving your statements. I would also like to







extend a warm welcome to the witnesses who are here today. I rec-
ognize that Saturday is an off day for most of you, and I particular-
ly appreciate your making the effort to be here and to inform us of
your background on these issues.
This hearing has been called because of the Caucus' increasing
concern about the role of Haiti as a transshipment point and as a
production point for narcotics in the United States. Florida, as has
so often been the case in the past, has felt the brunt of this flow.
In hearing testimony today, we will focus on the following issues:
The magnitude of Haiti's role as a transshipment point for nar-
cotics, particularly in connection with cocaine shipped by the Co-
lombian cartel into the United States via Haiti.
The role of elements of the Haitian military in narcotics traffick-
ing.
The extent to which a network of current or former Namphy Ma-
coutes play a role in distributing narcotics, particularly crack co-
caine, in Florida and America.
The particular problems of bringing to justice those who are in-
volved in the Florida crack network, especially problems relative to
language, network mobility, and multiple identities.
Efforts through Operation Riverwatch to control the flow of
drugs up the Miami River.
As we listen to the testimony today, one important thing should
be kept in mind. There are tens of thousands of Haitians who are
now living in this community, in Senator D'Amato's State, and in
many other communities across America. These Haitians love the
land and the culture of Haiti. They have left because of the intoler-
ance and the violence within Haiti. It is their spirit which has con-
tributed so much to the community where they now live. It is that
same spirit with which they hope some day to return to the land of
Haiti.
What this hearing is about is our efforts to avoid the conditions
of violence and lack of respect for human rights which caused them
to leave Haiti and to be transplanted to this land of the United
States of America.
The overwhelming number of Haitians in our community want
nothing more than to rid themselves of the conditions that caused
them to leave their native land in the first instance. They need our
help to do so, and that is the main reason why we are here today.
Senator D'Amato.
OPENING STATEMENT OF SENATOR D'AMATO
Senator D'AMATO. Mr. Chairman, let me thank you for giving me
the opportunity of being here with you today.
Let me then simply say that Senator Bob Graham does not stand
for reelection in this cycle and that he does not stand for reelection
in the next cycle and, indeed, I doubt that he is going to have much
difficulty in the cycle when he does run.
I say this because it is important to understand that, although
there are those who rightfully say that the drug epidemic and
crisis issue is one which politicians are using to exploit in an elec-
tion year, and that it may be as it relates to many who seem to







fade from the scene when their election cycle is not up, that cer-
tainly is not the case with Senator Graham.
Were it not for his persistence as it relates to fashioning a com-
promise that brought about the legitimate use of the military,
whose prime role will be to help detect the thousands of planes
that carry drugs into this country, and to utilize the existing re-
sources and to coordinate its actual use, to work with the DEA
agents and Customs people, and our Coast Guard, we would prob-
ably still be debating the proper function and role of the military
in the attempt to take on the drug dealers who now transship their
cargo, not only from Haiti, but from all areas into our country.
I want to say that it is a deep privilege to be here with a col-
league who does not just raise this issue, but who has seen his
people suffer, as Governor; who sees this Nation suffering; who is
ready to come together in a spirit of representing all of our people,
not in a political manner as it relates to participant politics, but in
using the political body to address an issue that certainly should be
discussed. If it takes a national election to do it, to get the kind of
action necessary to deal with it as it relates to his determination to
see to it that this Nation does not support a Government that bru-
tally suppresses its people in their legitimate aspirations, so be it.
I was privileged to join with Senator Graham in sponsoring a bill
which would not permit continued financial aid to Haiti directly,
but would see that humanitarian assistance is made available to
the various independent agencies.
I commend him for that, and I commend him for taking time
from his schedule to call this hearing. And that is why I feel very
privileged to be here. And I certainly look forward to hearing the
testimony from the two panels that you have brought together
here, Senator.
Senator GRAHAM. Thank you, Senator.
We will hear from two panels this morning. The first focuses pri-
marily on international issues of narcotics involving Haiti and the
United States, and the second panel focuses on issues that are of
particular importance to the State of Florida.
In the interest of time, I will introduce the members of the first
panel by name and title.
I would request each of the panelists to limit their remarks to 5
minutes. At the completion of all of the introductory statements,
there will be a time for questions.
I will introduce the members of the first panel in the order in
which I will request them to speak.
First is Dr. Edouard Piou, Charge D'Affaires, from the Embassy
of Haiti.
Dr. Piou. Thank you, Mr. Chairman.
Senator GRAHAM. Second is Mr. Roger Biamby, executive direc-
tor of the Haitian-American Community Association of Dade
County.
Mr. BIAMBY. Thank you, Mr. Chairman.
Senator GRAHAM. Third is Mr. Fritz Pierre-Louis, who was for-
merly a lieutenant in the Haitian Army.
Mr. PIERRE-LOUIS. Thank you, Mr. Chairman.
Senator GRAHAM. Fourth is Mr. George Heavey, Regional Com-
missioner of the Southeast Region, U.S. Customs Service.







Mr. HEAVEY. Thank you, Mr. Chairman.
Senator GRAHAM. Finally we have Mr. Tom Cash, who is the spe-
cial agent in charge of the Miami field office of the U.S. Drug En-
forcement Administration.
Mr. CASH. Thank you, Mr. Chairman.
Senator GRAHAM. Dr. Piou.
STATEMENTS OF PANEL CONSISTING OF EDWARD PIOU, CHARGE
D'AFFAIRES, EMBASSY OF HAITI; ROGER BIAMBY, EXECUTIVE
DIRECTOR, HAITIAN-AMERICAN COMMUNITY ASSOCIATION OF
DADE, INC.; FRITZ PIERRE-LOUIS, FORMER LIEUTENANT, HAI-
TIAN ARMY; GEORGE HEAVY, REGIONAL COMMISSIONER,
SOUTHEAST REGION, U.S. CUSTOMS SERVICE; AND TOM CASH,
SPECIAL AGENT IN CHARGE, MIAMI FIELD OFFICE, DRUG EN-
FORCEMENT ADMINISTRATION
Dr. PIou. Thank you, Mr. Chairman.
Honorable Senators, members of the press, members of the
panel, and ladies and gentlemen.
As Charge D'Affaires of the Government of the Republic of Haiti,
I am grateful for the opportunity given to me to be here today to
state the position of our government on drug trafficking.
I am very grateful, but I am also very concerned, very concerned
about the way the public hearing has been organized. I am very
concerned for two reasons:
First, I am very concerned because of the inordinate and unde-
served attention that this hearing focuses on the Haitian people,
undeserved attention that reminds us of the AIDS propaganda that
stigmatizes our people.
Second, I am very concerned because the organizers did not pay
us the courtesy of advance notice. I am, it is true, the representa-
tive of a small country, but of a sovereign country that deserves
recognition.
It has been said that we hope that this hearing will result in
better cooperation between Haiti and the United States, much
needed better cooperation, because drug trafficking is not a Haitian
problem, it is a global problem.
Being hurt, we submit the following:
In our official statement, issued on March 14, the new Govern-
ment of Haiti affirmed its commitment to cooperate with the
United States and international organizations to put into place all
appropriate measures to prevent the use of Haiti as a relay point
for drugs destined for the United States.
The statement, signed by the Prime Minister, Martial Celestin,
and the Minister of Foreign Affairs, Gerard R. Latortue, makes
clear the government's position that drugs are a plague upon con-
temporary civilization, whose related criminal activities and propa-
gation in Haiti expose young and old to the gravest dangers in
Haiti and in the United States.
The Government of Haiti is quite concerned, however, about at-
tempts to single out its country for any special blame. The U.S.
Drug Enforcement Administration has never characterized Haiti as
a major-I repeat a major-drug transshipment point.







According to the official statement of the government, the gov-
ernment has moved quickly to strengthen its contribution to the
regional, hemispheric and international war against illegal and
criminal drug trafficking. In so doing, it wishes to avoid a repeti-
tion of the pernicious labeling that mistakenly infers some special
link between Haiti and the AIDS epidemic.
The recently established Drug Enforcement Administration office
in Haiti-the U.S. Drug Enforcement Administration in Port au
Prince-is coordinating Haitian and American interdiction efforts.
We are still negotiating with the DEA for much better cooperation.
We do not maybe agree on who is to stop the trafficking because
we have to participate.
We cannot allow any foreign government to do in Haiti what
should be done by Haitians, or if Haitians cannot do it by Haitians
and friends, we are willing to cooperate, but we cannot allow any
foreign government to patrol our coast.
The Government of Haiti is simultaneously implementing meas-
ures to combat the local distribution of narcotics. We are organiz-
ing and beefing up the police force, by the way, after requesting
the assistance of the United States to beef up our police force. This
assistance has been denied, so we are currently working with
France and with Israel to increase the capability of the police force
in Haiti.
Furthermore, and finally, the March 14 statement also makes
clear that in any criminal case, in any criminal case initiated in
another country and requiring Haitian cooperation, the govern-
ment will always welcome evidence and documented proof that can
facilitate its own investigation and permit it to take all appropriate
actions that are called for by Haitian law and by the Constitution
of the Republic of Haiti.
Thank you.
Senator GRAHAM. Thank you, Dr. Piou.
Mr. Biamby.
STATEMENT OF ROGER BIAMBY
Mr. BIAMBY. Good morning, Senator Graham and Senator
D'Amato, the members of the panel, and ladies and gentlemen.
The Haitian situation continues to be an extremely dangerous
and volatile one. It is so because, despite his absence, Duvalier's
government remains intact in Haiti.
The democratic aspirations of the Haitian people have been
squelched by the Macoute forces, who did not lose their power base
with the departure of Duvalier.
After 29 years of the brutal and corrupt Duvalier regime, the
Haitian people indeed had great hopes, upon Duvalier's departure,
that a true democracy would develop in Haiti. However, the mili-
tary Macoute Council of National Government, as headed by Gen-
eral Namphy, who replaced Duvalier, did nothing to bring about
any real change favoring democracy.
The popular call to uproot the Macoutes went unheeded. In fact,
the Macoutes eventually returned from their temporary hiding
places to participate in the Namphy-ordered elections last January,







and now serve as members of both Houses of the Haitian Parlia-
ment.
At the same time, Leslie Manigat, one of the organizers of the
Macoutes in the early sixties, was chosen as President by the mili-
tary because of a deal that had been worked out. Manigat agreed
not to disturb the military Macoute power structure. Thus, the
crisis in Haiti remains unresolved.
When Jean-Claude Duvalier left Haiti in February 1986, high
ranking army officers quickly took his place in dealing with the
international drug cartel.
It is a serious mistake to assume, as some U.S. public officials do,
that Jean Claude Paul is the only army officer who uses his power
and position to ship drugs, particularly cocaine, to the United
States. Other high ranking officers involved in the same trade re-
portedly include Col. Gregoire Figaro, chief of police in Port au
Prince; General William Regala, Minister of the Interior and of De-
fense under Manigat; Col. Prosper Avril in Port au Prince; Col.
Hippolite Gambetta, Military Commander of the Artibonite Depart-
ment; and Col. Aschilles, Commander of the Department of the
North.
Assisting these men are the following: Major Casimir, who has
now been assigned to work with the Drug Enforcement Adminis-
tration, and Major Baguity, who heads the Criminal Research Sec-
tion.
All of these men cooperate closely and protect one another and,
for this reason, the recent indictment of Jean-Claude Paul by a
Miami grand jury has no effect in Haiti. Leslie Manigat refused to
accept the indictment, thus defending Paul and his fellow crimi-
nals. Manigat must be viewed as their accomplice.
These officers have created an effective drug smuggling network
in Haiti and in the United States. They employ others to lease
boats for them in the United States in order to smuggle cocaine
into Miami. On their return trips to Haiti, these boats carry con-
traband products to be sold at local Haitian markets. This trade in
contraband poses a serious economic threat to the few remaining
legitimate businesses importing commercial goods into Haiti.
In order to bring democracy to Haiti and to put an end to Hai-
tian participation in the drug trade, the military Macoute power
structure that continues to dominate the country under the Mani-
gat government must be dismantled. Failure to do so means the
end of the aspirations of the Haitian people for political and eco-
nomic reform.
Under these circumstances, the drug triangle-Latin America to
Haiti and to the United States-will continue to exist and the drug
trade will flourish. Unless the U.S. Government acts to support the
legitimate democratic aspirations of the Haitian people and puts
an end to the criminal government of Haiti, peace will never be
achieved in the Caribbean region.
I recommend that the United States do the following:
One: Shift the focus of interdiction from Haitian refugees to Hai-
tian drug smugglers. The Coast Guard should undertake a thor-
ough search of vessels coming from Haiti. The search should be
conducted within United States' territorial limits in order to avoid
any complications resulting from international law.







Two: Undertake the surveillance of potential dropoff points for
drugs in the United States. Haitian smugglers frequently pack co-
caine in watertight plastic bags and tie the bags to small orange or
yellow floats which they drop off at sea within the 3-mile limit.
Small pleasure craft then retrieve the bags in order to avoid in-
spection by Customs agents. By maintaining a surveillance, the
Coast Guard will be able to intercept these shipments.
Three: Haitian passenger and cargo planes should also be thor-
oughly searched upon landing in the United States. The Duvaliers
and the Bennets use small planes, as well as the planes of Haiti
Air-an air cargo company that is now defunct-to smuggle drugs
into Miami. Only by inspecting all planes coming from Haiti will
United States officials be able to close off this avenue of smuggling.
Four: The Drug Enforcement Administration must create a more
effective force in Haiti in order to successfully investigate the drug
trade there. The present Drug Enforcement Administration's force
in Haiti faces two major problems:
First, Major Casimir, assigned by the Haitian Government to
serve as liaison with the Drug Enforcement Administration, is him-
self a member of the military Macoute clique that is shipping drugs
into the United States. Casimir was assigned to this position by
then Col. William Regala. The Drug Enforcement Administration
should immediately cease all interaction with Major Casimir and
with General Regala, the Minister of the Interior and of Defense.
Second, two of the Haitians hired by the Drug Enforcement Ad-
ministration in Haiti are well-known hoodlums in the Haitian com-
munity of New York. They both report almost daily to General
Regala. The Drug Enforcement Administration must purge its
force of these men and others like them, and undertake a thorough
screening of all applicants to the force.
Five: All small planes from South America should be searched
upon landing in Haiti. To accomplish this, the Drug Enforcement
Administration must create a special force in cooperation with the
few remaining honest men who are high ranking officers in the
Haitian military,. Once created, this force can be used to identify
and apprehend both civilian drug dealers in Haiti and military offi-
cers involved in the drug trade. To succeed, however, the force
should be equipped with sophisticated police and military equip-
ment. Moreover, the force must proceed with stealth in order to ap-
prehend military and civilian drug smugglers. Ultimately, the ac-
tions of such a force will result in the de-Macoutization of Haiti
and in a complete stoppage of the movement of drugs through
Haiti.
Six: The United States should revoke the visas of any Haitians in
Miami who serve as liaisons for Haitian drug smugglers. U.S. Gov-
ernment officials should also maintain a close watch of Macoutes
stationed here in Miami and who are suspected drug dealers.
Seven: The U.S. Government must continue its policy of suspend-
ing military and government-to-government economic aid to Haiti
and not give in to lobbyists hired by Manigat's group to convince
U.S. Government officials to reverse that policy. The U.S. Govern-
ment imposed its sanctions against the Manigat regime in response
to the fraudulent election process that established it at the expense
of the Haitian Constitution and the lives of many innocent civil-







ians. For the United States to reverse its position now would dem-
onstrate an absence of resolve and of consistency in the foreign
policy of the United States. Such an action would send a clear mes-
sage to the world that the United States acts precipitously and
thoughtlessly, and that its policies represent only the whims of the
moment. Furthermore, in giving legitimacy to the Manigat govern-
ment, such a reversal of United States policy would also condone
the criminal activities in which that government is engaged at the
expense of both the people of Haiti and of the United States.
The facts of politics and crime in Haiti speak for themselves. The
November 29 election day massacre, the February 17 coup d'etat by
the military, and the continued domination of national and local
politics by an arbitrary and cruel regime supporting itself through
economic exploitation and drug smuggling. In dealing with this
regime, the U.S. Government must acknowledge these facts and
take a firm stand.
Officials must not only consult their consciences and that of the
Nation, but they must also consider the devastating effect that rec-
ognizing the Haitian Government and allowing the drug trade to
continue will have not only upon the Haitian people but also upon
America's image in the eyes of the world.
Senator GRAHAM. Thank you, Mr. Biamby.
Mr. BIAMBY. Thank you, Senator Graham.
Senator GRAHAM. Mr. Fritz Pierre-Louis.
STATEMENT OF FRITZ PIERRE-LOUIS
Mr. PIERRE-LOUIS. Good morning, Senator Graham, members of
the panel, and ladies and gentlemen.
From 1981 until my desertion in November 1986, I was a second
lieutenant in the Haitian Army. I am presently seeking political
asylum in the United States.
At the time that I deserted, I was assigned to Casernes Dessa-
lines under the command of Col. Jean-Claude Paul. Col. Jean-
Claude Paul is a key link in the traffic of cocaine into and through
Haiti. He organizes the flow of the drug into Haiti. He uses the
forces under his control at the Dessalines barracks to protect the
trade, which is a part of his network, and to seize and then resell
drugs from those traffickers who are not a part of his network. Ap-
proximately 70 percent of the Dessalines force are part of Colonel
Paul's drug operation.
An airstrip has been prepared at Jean-Claude Paul's ranch in
Thomazeau to which drugs are shipped. This airstrip is secured by
a platoon of soldiers from the Dessalines barracks.
In October 1986, I myself participated in a search at Santo Nine,
a few miles from Port au Prince. As a result of the search, 6 kilos
of cocaine were seized. I personally delivered this cocaine to Colo-
nel Paul.
While he led me to believe that the cocaine would be sent to the
Narcotics Bureau, that did not happen.
Again in October 1986, the police captured a Colombian drug
smuggler and murderer named Carlos. Colonel Paul interceded on
behalf of Carlos and he was freed.







In March 1988, four officers from the Dessalines barracks were
arrested by the district commander of the city of Aquin after re-
ceiving a delivery of cocaine from a plane which had landed at
Aquin. Col. Jean-Claude Paul, in command of a platoon of soldiers,
went to Aquin and, by force, freed the officers who were a part of
his network. The names of those officers are as follows: Lt. James
Charles, Lt. Pierre Belizaire, Lt. Crueter Pinard, Lt. Clarelle Metel-
lus.
This incident indicates that Colonel Park has, if not the support,
at least the acquiescence of army headquarters in his drug oper-
ations.
Another important figure in the Haitian drug trade is Maj. An-
toine Jean-Gilles, who is in charge of traffic to the Dominican Re-
public.
It is necessary to understand the link between Colonel Paul and
drug traffic to and through Haiti, and the present situation of po-
litical turmoil and violence. Colonel Paul is a key actor in both of
these scenes.
From the Dessalines barracks, in addition to the drug trade, are
organized assassination squads to kill political opponents of the
Macoute system, and to conduct general terrorism amongst the
population in order to quell any popular unrest. Clearly, both the
drug trade and the political violence are part of the same plan by
those who see themselves as the heirs of Duvalierism to use Haiti
for their own personal gain.
While Colonel Paul is a key player in this, it is obvious that he
has the authority of the army headquarters and the present gov-
ernment behind him.
On November 12, 1986, I deserted from my post as a second lieu-
tenant in the Haitian Army to seek political asylum in the United
States, and to explain to the world the plans of Col. Jean-Claude
Paul, Commander of Casernes Dessalines, and Minister of the Inte-
rior Regala, to organize a new Macoute government for Haiti.
After the departure of Duvalier in February 1986, I witnessed
hundreds of Macouts being given safe haven at Casernes Dessa-
lines.
While the Haitian people were hunting these criminals, Paul and
Regala were protecting them and arming them with the intent of
using them to seize control of Haiti and to continue in the Duva-
lier's 30-year tradition.
Paul organized death squads composed of Macoutes and soldiers
in civilian clothing who were ordered out into Port au Prince to as-
sassinate those perceived as enemies, and generally to spread
terror and provoke chaos by random and arbitrary acts of violence.
I was obliged to accompany these squads, but I did not participate
in any acts of terror or violence.
Demonstrations by the population demanding democracy for
Haiti were met with rage by Colonel Paul. We were ordered to
shoot to kill the demonstrators. A group of eight officers, including
myself, met and determined that we could not participate in this
reinvigoration of the Macoutes, the mass violence and killings.
Thenceforth, while we would go out on patrol when ordered, we
would not shoot at unarmed demonstrators, nor would we partici-
pate in random violence.







On November 10, 1986, we were called to a meeting of the offi-
cers and soldiers stationed at Casernes Dessalines.
Colonel Paul was irate and warned us that he was aware that
certain officers were plotting to overthrow the CNG government
and threatened us that such would not be tolerated.
On November 11, 1986, eight officers, myself included, received
orders transferring us from Casernes Dessalines in Port au Prince
to various other posts around Haiti. I was told to report to Port de
Paix by the following day.
That evening, seven of us-we excluded Lieutenant Phillips, who
we believe to be an informer for Colonel Paul-met to discuss our
next steps.
Captain Cherubin told us that our lives were in danger; that if
we were to allow ourselves to be transferred to distant ports, that
would be the opportunity for the Macoutes to dispose of us, as they
intended to purge the army of everyone who did not support the
reconstruction of Macoute rule.
Captain Cherubin told us that he had friends in the Ministry of
the Interior under Regala who had told him that Regala and Paul
intended to have us all killed after we moved from the capital.
We therefore determined that myself and Lieutenant Toussaint,
who had U.S. visas, would try to go to the United States and publi-
cize what was being planned in Haiti. We believed that the publici-
ty and world attention brought to the situation would serve to pro-
tect those who were not able to leave Haiti.
On November 12, 1986, it was reported that roadblocks had been
set up near Gonaives, and I therefore reported to headquarters
that I could not travel to Fort de Paix that day as ordered. That
afternoon, I sent friends to the airport to ensure that my name was
not on a list with immigration for detention.
As my name was not on that list, I boarded a plan and flew to
Miami. Since that time, I have sought to publicize the true situa-
tion in Haiti.
I sincerely believe that only this publicity has ensured that those
officers who remained in Haiti are still alive.
I believe that if I were returned to Haiti, I would be arrested for
desertion and that, while imprisoned, I would be tortured and prob-
ably killed.
Thank you.
Senator GRAHAM. Thank you, sir.
Mr. George Heavey.
STATEMENT OF GEORGE HEAVY
Mr. HEAVEY. Thank you, Senator Graham and Senator D'Amato.
I am the Regional Commissioner of the U.S. Customs Service,
southeast region.
It is a pleasure to be here today to testify before the Senate
Caucus on International Narcotics Control concerning the role of
Haiti in drug smuggling and the Customs coordinated Operation
Riverwatch on the Miami River.
The country of Haiti is playing an ever-increasing role as a
major transshipment area for narcotics entering south Florida and
is increasingly active in international trafficking operations to







Europe. Major drug trafficking organizations are reportedly ex-
ploiting Haiti as a base of operations, as a staging area, and as a
rendezvous point for the transshipment of bulk quantities of co-
caine and marijuana. Additionally, opportunistic Haitian groups
are forming their own trafficking organizations in the United
States and other areas of the Caribbean.
The U.S. Customs Service's southeast region's seizure statistics
for the first two quarters of fiscal year 1988 already indicate that
cocaine courier activities via air and cocaine trafficking via vessel
into the south Florida area from Haiti are on the increase. A sub-
stantial increase in the number of small drug trafficking aircraft
utilizing Haitian clandestine airstrips has been reported in areas
west of Port au Prince, west of Caphaitien and along the north
coast of Haiti. Uses included air drops, stash points, transfer
points, refueling points, or simply to provide concealment of the
aircraft. Additionally, Haiti is being increasingly used to transship
drugs via direct commercial airline flights to Europe.
The Customs Service's seizure statistics for the first two quarters
of fiscal year 1988 show that cocaine courier seizures have already
surpassed those of fiscal year 1987, and that the quantity of cocaine
seized is almost three times greater than the amounts seized in the
entire 1987 fiscal year.
Fiscal year 1988's seizure statistics through February 1988 reflect
a total of 21 seizures and 153 pounds of cocaine seized via commer-
cial aircraft passenger activity.
Statistics for fiscal year 1987's commercial aircraft passengers
consisted of 15 seizures and 59 pounds of cocaine, as well as one
seizure of 660 pounds of cocaine from air cargo.
Fiscal year 1988's Haitian seizure statistics reflect 25 seizures to-
taling 2,223 pounds of cocaine, compared to 18 seizures totaling
4,637 pounds of cocaine during fiscal year 1987.
One seizure of marijuana from Haiti, consisting of 500 pounds,
has been made in fiscal year 1988.
Fiscal year 1987's statistics include four seizures of marijuana
from Haiti totaling some 5,493 pounds.
Reliable intelligence sources are reporting increased utilization
of multiengine aircraft, such as DC-6's, in addition to conventional
small private aircraft, to transport multi-ton loads of marijuana
and large loads of cocaine from respective source countries to clan-
destine airfields in remote areas of Haiti.
Subsequently, shipments are off-loaded and either stashed for
future transport or are immediately broken down and loaded onto
smaller aircraft and transported to the Bahamas for airdrop or di-
rectly into the United States.
I would especially like to address maritime activity and our Op-
eration Riverwatch.
Haiti favors the use of coastal traders for the transshipment of
narcotics to south Florida. Recent intelligence indicates that Hai-
tian-owned vessels are being registered under various names in
order to disguise the identity and ownership of the vessels. In a
similar manner, offshore corporations are often used to conceal the
true ownership of financial interest in the vessels.
These vessels are often manned and operated by Haitians and
are extensively engaged in cocaine trafficking into south Florida.







An analysis of Haitian vessel activity on the Miami River alone
has revealed that approximately 45 percent of the vessels, and 60
percent of the vessel agents engaged in international trade, are
documented for alleged involvement in alien and narcotics smug-
gling activities.
Seizure statistics for 1987 reveal the Haitian use of sea-land
cargo containers, commercial cargo containers, for the transship-
ment of marijuana into the United States.
This is a trafficking method which may become more prevalent
due to the increased container cargo activities at Haitian seaports.
Customs' seizure statistics for the first two quarters of fiscal year
1988 indicate that the same number of vessels have already been
seized, and that the quantity of cocaine seized is already 40 percent
of the total seized for the entire 1987 fiscal year.
Thus far, for fiscal year 1988, cocaine seizures have totaled 2,080
pounds, as compared to two fiscal year 1987 seizures totaling 3,938
pounds.
Through February of 1988, there has been one fiscal year, 1988,
marijuana seizure totaling 500 pounds, as compared to four fiscal
year 1987 seizures totaling 5,493 pounds.
Haitian immigrant groups operating in the United States,
Canada, and other areas of the Caribbean are reportedly operating
and controlling growing crack cocaine markets within Florida.
They are allegedly organizing drug trafficking organizations and
are considering the growing and cultivation of marijuana crops in
inaccessible areas of Haiti on a commercial scale rather than on
the personal use scale currently said to exist.
The Customs Service is addressing the threat of Haitian narcotic
trafficking with an increase in the frequency of intensive examina-
tions on both Haitian passenger and cargo arrivals.
Due to a growing concern that the Miami River might be a fre-
quently used off-load site for illegal narcotics coming from Haiti, as
well as from other Caribbean countries, the Customs Service initi-
ated Operation Riverwatch in July 1987. Operation Riverwatch is a
Customs' developed and coordinated interdiction program that in-
volves the participation of some 13 Federal, State, and local agen-
cies.
I might add that these local agencies include community ele-
ments, such as the Bridge Tenders' Association, the River Pilots'
Association, the Miami River Coordinating Committee, and the
Miami River Business Association.
During the past 11 months, the Customs Service has coordinated
a dozen meetings involving 13 agencies in an effort to better coordi-
nate an effective strategy of interdicting commercial vessels with
drafts of less than 7 feet. From the 13 agencies, a special enforce-
ment working group has been formed to coordinate special oper-
ations on the Miami River.
Operation Riverwatch specifically identifies suspect small
freighters entering the Port of Miami and the Miami River area,
after which multi-agency teams board the freighters and conduct
intensive examinations looking for violations of law or agency reg-
ulations.
Additional marine and ground support units are available to re-
spond to any situation.







We really feel that Operation Riverwatch has been a tremendous
success. We have conducted the operation in such a manner as to
have made it an institutional function on the river. Through its
multi-agency approach and its community approach, Customs has
created an entirely new enforcement presence on the Miami River.
Because of Operation Riverwatch, the Federal, State, and munici-
pal agencies are boarding many vessels which previously would
have transited the Miami River with only a cursory inspection.
Operation Riverwatch involves the following: the U.S. Customs
Service, U.S. Coast Guard, the U.S. Border Patrol, the U.S. Immi-
gration and Naturalization Service, the U.S. Public Health Service,
the U.S. Department of Agriculture, the Florida Marine Patrol, the
Metro-Dade Marine Patrol, the City of Miami's Marine Division,
the Dade County Public Works Bridge Tenders, the Biscayne Bay
Pilot Association, the Miami River Business Association, the Miami
River Consolidation Committee.
Since the beginning of Operation Riverwatch, the Customs Serv-
ice has boarded 365 vessels, seized 19 vessels, seized 28 automobiles,
seized 230 gallons of illicit liquor, seized 5,382 pounds of cocaine,
and $121,240 in currency. We have issued 48 penalties totaling
$718,224, and have made 19 arrests. We have also referred five ves-
sels to the Border Patrol, as well as 47 individuals who were arrest-
ed, detained, or deported by the Border Patrol, by Immigration.
Later, Senators, you will have a firsthand opportunity to see and
hear of the activities of Operation Riverwatch when we take you
on an inspection tour of the Miami River.
Thank you.
Senator GRAHAM. Thank you, Mr. Heavey.
Tom Cash.
STATEMENT OF TOM CASH
Mr. CASH. Good morning, Senator Graham, Senator D'Amato,
and fellow panel members.
My name is Thomas V. Cash, and I am the special agent in
charge of the Miami Field Division.
We cover 11 offices in the State of Florida and six islands in the
Caribbean, among them the Island of Hispaniola. We have offices,
of course, in Santo Domingo, in the Dominican Republic, as well as
in Port au Prince, Haiti, which are under my direction and control.
The office in the capital of Haiti, Port au Prince, opened in Octo-
ber 1987, and I think it is fair to say that it is a very new adven-
ture. We do feel that there are significant amounts of narcotics
transiting the country of Haiti.
We do see an alarming increase in the presence of the Colombian
population in that particular country, and we do know that the Co-
lombian traffickers are buying, or attempting to buy, legitimate
businesses to use as front companies for their smuggling ventures.
Typically, once Colombian organizations gain access to countries
and local commerce, they focus on the corruption of public officials
to protect their interests. This practice has been described in detail
in the 1986 Miami Federal grand jury indictment against members
of the Medellin Cartel.


95-655 0 89 2







The methods of the cartel, which have been well documented in
the media, include force and violence-including threats to, physi-
cal assaults upon, and murder of informants, discordant employees
and opponents of the cartel and their activities.
Recent political events and the long-term economic situation
have also served to make Haiti a fertile ground for exploitation by
drug traffickers. We are all aware of the very real problems facing
Haiti.
These include the widely publicized political instability that fol-
lowed the departure of the former President-for-Life, Jean-Claude
Duvalier; the considerable public unrest that was associated with
the most recent elections; the daily privations suffered by a large
segment of the Haitian population.
From our own perspective then, the principal factors that solidi-
fied the Drug Enforcement Administration perceptions concerning
the importance of Haiti to Caribbean area drug disruption efforts
were that Haiti is located astride significant air smuggling routes
from South America and Jamaica; the Haitian coastline is adjacent
to the Windward Passage, a prominent sea route for drug move-
ments. For some years, our intelligence has identified Haitian sites
that were, and are, being used by South American traffickers as re-
fueling points and transshipment points for cocaine and marijuana
cargoes destined for the United States.
The Drug Enforcement Administration is now dealing with gov-
ernment officials who were installed with the new government in
February of this year. As a result of the reorganizations in the new
government, a civilian police force that will operate under the Hai-
tian Justice Department was created. Formerly, law enforcement
was under the control of the Defense Ministry. The military will
retain an intelligence collection role.
We believe it significant that the Prime Minister in the new gov-
ernment also serves as the Justice Minister.
Of the many problems and challenges facing the new govern-
ment of Haiti, the establishment and training of an effective nar-
cotics element within the national civilian police force is central to
the Drug Enforcement Administration's mission in Haiti.
We believe it essential that the current state of drug enforce-
ment in Haiti be viewed, not as a measure of the new government's
resolve, but as the manifestation of the simple absence of capabili-
ties necessary to effectively confront and overcome the situation.
Through advice, assistance and training programs, the Drug En-
forcement Administration will vigorously promote the development
of an effective civilian narcotics police structure. The objective is to
structure and equip a responsive force that has the capability of
disrupting traffickers' access to, and use of, Haitian locations for
their ventures. The availability of the State Department and
Bureau of International Narcotics Matters' funding will be essen-
tial to this undertaking.
Our task can best be characterized as one of institution building,
and we believe it is critical that we move without delay.
The current narcotics element of the Haitian police force is a 19
officer unit stationed in Port au Prince, and it is sobering to note
that the unit has only two assigned vehicles.







Only one of the officers has received formal narcotics enforce-
ment training but, fortunately, this is the officer in charge, who
was trained in the Drug Enforcement Administration's schools.
This officer has been charged with preparation of a plan for train-
ing other narcotics unit members and the eventual extension of in-
country narcotics training to police units in the provinces. The de-
velopment of credible antinarcotics police units in the provinces is
within itself an enormous task.
This will be a long-term endeavor, but within our capabilities.
The Drug Enforcement Administration will vigorously support this
effort.
Another Drug Enforcement Administration aim is to encourage
the adoption of procedures relating to Haitian interdepartmental
coordination and information sharing, and the sharing of appropri-
ate intelligence with the Drug Enforcement Administration and
interdiction agencies of the United States.
For example, we see a compelling need for Haitian antinarcotics
officials to develop and implement the capability to access and co-
ordinate the flow of pertinent information amongst the police, Cus-
toms, Immigration, tax and other established systems.
The data of the most direct interest to narcotics enforcement in
Haiti is information on the identity of individuals, both Haitian
and foreign, smuggling and related criminal activity, information
on the entry and exit of aircraft and vessels from Haiti. We are
assisting in these endeavors and the Haitians are making some
progress. We shall encourage the Haitians to adopt trafficker asset
forfeiture laws similar to our own.
If, for example, aircraft with illegal fuel systems were subject to
seizure under Haitian law, the impact upon drug trafficking orga-
nizations could be severe. This would, of course, require an expan-
sion of their aircraft inspection capabilities. In a similar vein, the
seizure of vessels with false compartments would certainly have a
salutary impact.
At the same time, we must recognize the virtual nonexistence of
an effective Haitian Coast Guard and the expanse of the areas not
routinely patrolled.
The existing extradition treaty, which dates from 1904, does not
address narcotics offenses. From time to time, we receive informa-
tion that Drug Enforcement Administration fugitives have been ob-
served in Haiti. We will continue to encourage the adoption of an
extradition treaty that addresses narcotics offenses between our
two countries.
We understand that mutual legal assistance treaty negotiations
have been in progress for some time. We also see other opportuni-
ties in Haiti to improve our overall drug interdiction posture.
First, we encourage assistance to the government of Haiti in the
installation of in-country radar-approach facilities.
The Drug Enforcement Administration's office will work closely
with the assigned U.S. Coast Guard and with Defense Attache per-
sonnel at the Embassy in furtherance of this purpose.
The objective here is to close the radar gap between the radar
facilities at Cabo Rojo in the Dominican Republic and the U.S.
naval facility in Guantanamo. The coverage how available is effec-
tively masked by the mountains north of Port au Prince.







Pending development of a credible narcotics enforcement capac-
ity in the province, and upon achievement of an appropriate train-
ing base, we encourage the establishment of a United States-sup-
ported narcotics strike force patterned along the lines of the Baha-
mas and Turks and Caicos Response Team, which is commonly
dubbed the Bat Team, and which is now operating in the Bahamas.
This concept involves the airlift of Haitian narcotics police offi-
cers to remote enforcement locations in response to time-sensitive
tactical warnings.
In effect, mobility must be substituted for permanent presence.
We have noted some Haitian successes during the short period
since the establishment of our Drug Enforcement Administration
country office.
Haitian police have reported four significant seizures, amounting
to 672 kilograms of cocaine and 454 kilograms of marijuana. The
three cocaine seizures, each over 200 kilograms, were made at the
Port au Prince International Airport, the Cap-Haitian Internation-
al Airport, and at Port de Paix. The marijuana seizure was made
at Ile-a-Vaches, off the southern coast of Haiti.
As this Caucus is aware, a grand jury in the southern district of
Florida recently indicted Col. Jean-Claude Paul, an influential mili-
tary officer, for narcotics offenses. This is but another example of
the corrupting influence of drug profits.
Haiti is not alone, of course, in having to face up to having offi-
cials who have been corrupted by the huge profits of drug traffick-
ing. We have seen this elsewhere and, unfortunately, it is likely we
will see more in the future.
We believe, and certainly hope, that the indictment of Colonel
Paul, as in the case of other foreign officials, is being read by the
Haitian people as a measure of our resolve.
To place this matter into the proper perspective, I would state
first that the steps taken by the new government to transfer law
enforcement functions from military control should be viewed as a
forward looking step. There necessarily will be an interim period of
transition, and it would be shortsighted for us to believe that the
transition will be without pitfalls.
Pending development and expansion of the civilian-controlled
police force, there is still the need for military law enforcement as-
sistance.
Within the framework of our discussion today, and given the cur-
rent resources available to the Haitian Government and the Drug
Enforcement Administration, our best opportunity for early re-
wards is to improve the flow of tactical intelligence. Success here
would enable the interdiction elements of the United States to im-
prove the focus of their offshore drug interdiction efforts.
We all realize at the present time that Haiti is not financially
able to create a police force of the size needed to address the co-
caine traffic that is transiting that country, as well as the marijua-
na traffic. The Drug Enforcement Administration operates in a bi-
lateral effort in the 65 offices in the 45 countries where we are lo-
cated around the world.
Earlier, it was indicated that the Drug Enforcement Administra-
tion would be capable of establishing and initiating enforcement
programs in that country. The Drug Enforcement Administration







will state for the record that we have continuously worked only in
a bilateral manner in countries in which we are located and, in ad-
dition, we only do that through the cooperation of the host coun-
try's government-in this case, the existing government of Haiti.
There are several goals and objectives that have, primarily
aimed at increasing institutionally the strength of the Haitian
police and judicial systems so that they may be in existence so as
to be capable of dealing with the situations that are currently
being seen.
The successful initiation of a combined information center in
Port au Prince at the airport will remain a central focus of narcot-
ic operations.
INM funding, of course, is likely, and a request for equipment
purchases on behalf of the Haitian police.
The narcotic arm of the Haitian police reports to the Prime Min-
ister, who also is the Justice Minister.
There are, at the present time, 19 Haitian police officers assigned
to that unit and, again, it is somewhat sobering to note that there
are only two automobiles assigned for those 19 officers. So clearly
we see that the long coastline of Haiti, which is largely unpa-
trolled, the lack of any aviation interdiction capability or air-ap-
proach radar, the geographical location of the country astride sig-
nificant smuggling routes, the shortest length of which would be
from Colombia via Haiti to the United States, all make Haiti an
area in need of improvement.
We hope, as long-term goals, to decrease the availability of Haiti
by use of narcotic traffickers as a transshipment and processing
point. We hope to contribute to fostering an effective host govern-
ment narcotic control policy.
We hope to assist Haiti in developing an effective anti-narcotics
capability of its own, which is now in its embryonic stages, and we
hope to continue to discourage the local use of drugs. Clearly we
have our work cut out for us.
Because of the sensitivity which our counterparts in Haiti attach
to some of the issues which they face today, it may be appropriate
to address certain questions in a closed session. However, to the
extent that I can, I will be pleased to take any of your questions.
Thank you.
Senator GRAHAM. Thank, you, Mr. Cash.
I would now like to ask a few questions and then call upon Sena-
tor D'Amato for any questions he would like to pursue.
Dr. Piou, there have been some strong allegations made relative
to the government you represent.
In fairness, if you would like to make any comments with respect
to those allegations, we will be pleased to receive them.
Dr. Piou. Are you talking about something specific or are you
leave the choice to me?
Senator GRAHAM. You may select whatever you care to respond
to.
Dr. Piou. As to the first one, let me say, in response to Mr.
Biamby's presentation, that, as an official of the government, I am
not aware that the government has refused to accept the indict-
ment of Colonel Paul.







As an official of the government, I must say that the charges
have been submitted to the government and that they are under
review at this time. That is what I know.
Furthermore, I agree with Mr. Biamby when he says that unless
the U.S. Government acts to support the legitimate democratic as-
pirations of the Haitian people, peace will not be achieved in the
Caribbean region.
I fully agree with that, but I cannot agree with him when he
says in the same sentence that unless the U.S. Government acts
and puts an end to the criminal government of Haiti, peace will
never be achieved in the Caribbean region.
I cannot agree with him for two reasons:
First, he is talking maybe about some crimes, but he is not talk-
ing about a criminal government.
Second, I cannot agree with you would call for the Untied States
to intervene in internal affairs of the country and put an end to
the government.
These are two things with which I would not agree.
Furthermore, still on Mr. Biamby's presentation, I agree with
Mr. Biamby when he says that the Drug Enforcement Administra-
tion must create a special force in cooperation with the few re-
maining honest men who are high-ranking officers in the Haitian
military.
These are the only comments I wish to make now, but if there
are any specific questions about any of the allegations, I will at-
tempt to answer them.
Senator GRAHAM. You have indicated that the Haitian Govern-
ment has not yet taken final action on the request for the extradi-
tion of Colonel Paul.
Dr. Piou. That is correct.
Senator GRAHAM. Do you have any sense of when such final
action might be forthcoming?
Dr. Piou. Basically, regarding extradition, we cannot honor the
request to extradite a Haitian, not just talking about Colonel Paul.
According to our Constitution, we cannot do that.
Senator GRAHAM. What is the final action that the Haitian Gov-
ernment will take on the request for the extradition of Colonel
Paul?
Dr. Piou. As I said, the Haitian Government is currently review-
ing the charges.
Senator GRAHAM. If, at the conclusion of that review, it is deter-
mined that the charges are sufficiently valid, what action might be
taken?
Dr. Piou. If they are valid and the person is convicted, the
person will be punished according to the law.
In the case of Colonel Paul, he could be court martialed.
Senator GRAHAM. It would be an internal matter within Haiti?
Dr. Piou. Yes, because it is basically, as we said in the statement,
that we welcome evidence and proof, and then we will investigate
and take the appropriate action that is called for under Haitian
laws, because there is no extradition of a Haitian citizen.
Senator GRAHAM. I would like to ask the next question particu-
larly of Mr. Heavey and Mr. Cash.







This is not particularly focused on the Haitian drug connection,
but more generally on resources available within your agencies for
drug-related enforcement activities.
There has been a considerable amount of discussion within the
last few weeks about the Coast Guard and some of it resource prob-
lems and, more recently, the offices of the district attorneys nation-
ally and, more particularly, the one here in the southern district of
Florida.
Have your agencies had any reduction or withholding of re-
sources that you had contemplated and, if so, has that reduction
had any discernible effects upon your enforcement activities as
they relate to drug trafficking?
Mr. HEAVEY. Senator, my agency has not received any resource
reduction or decrease in operations, and it is functioning under ex-
isting resources.
As a Regional Commissioner, although this might be a bit paro-
chial, I do hope that if and when the omnibus bill is passed, Cus-
toms in the southeast region will receive increased resources, such
as the funds that we received under the omnibus bill of 1986.
The problem, is expanding, and it seems to be spreading through
more and more countries, including those in the Caribbean. And
we are waging the war in an extremely effective fashion on this
front.
But, to be perfectly frank, my people are getting a bit tired and
overstressed.
Mr. CASH. I do not think there is any doubt, Senator Graham,
that we have the need for additional resources in the south Florida
area.
I think that in the past I have seen an equalized approach of
across-the-board distribution of resources when, as Mr. Heavey
said, we are the main hub area, and I think the resources, were
they to be available, I think additional resources should be focused
in the major areas-in my opinion, New York, Los Angeles, and
Miami, but not necessarily in that order.
We have seen a reduction in the Justice Department's budget,
which was a net reduction of the U.S. attorneys present in the
southern district of Florida. Yes, we have had investigations that
were incapable of being pursued to the extent that we would have
hoped for due to that reduction, and that was a budgetary reduc-
tion, I am told by the U.S. attorney, Mr. Kellner, who is much
more competent to comment on this than I, that it was a 10-per-
cent cut across the board without realization or reflection upon
how that would impact on the most active Federal district court in
the United States of America, which happens to sit across the
street in the southern district of Florida.
Senator GRAHAM. Returning now to our specific focus on Haiti,
Haiti was not on the list of some 23 or 24 countries that the State
Department reviewed in 1988 for the purposes of their cooperation
with the United States in drug trafficking enforcement. The ration-
ale for Haiti's noninclusion was that it was not a sufficiently large,
quantitatively, transshipment point to justify inclusion.
Mr. Cash, in your statement, you indicate that for some period of
time the circumstances in Haiti have been alarming.
Mr. CASH. That is right.







Senator GRAHAM. Had the State Department consulted with the
Drug Enforcement Administration in terms of whether to include
Haiti in its watchlist of countries?
Mr. CASH. Sir, I am not familiar with that.
The Office of Intelligence in the Drug Enforcement Administra-
tion's headquarters is consulted in the establishment of the State
Department s report, which I think you are referring to, and that
is done at the headquarters level. But it is with input from the
Miami division.
We have seen, and continue to see, a growing usage of Haiti as a
transshipment point by the Colombians for cocaine destined for the
United States by air and sea, as Mr. Heavey from the Customs
Service has pointed out.
Senator GRAHAM. I have one final question before calling on Sen-
ator D'Amato.
Mr. Biamby commented about the number of Haitians who are
currently operating within the United States as agents of the drug
cartel, and who have U.S. immigration visas, and he suggested that
those visas be lifted.
Mr. Biamby, Mr. Heavey, or Mr. Cash, I need some information
as to how good our intelligence is in terms of identifying who those
people are, and what the reasons are why they would continue to
hold a U.S. visa.
Mr. BIAMBY. Senator, let me point out an incident that occurred
a couple of months ago.
I received a call around one in the morning in my office, a call
from Haiti, informing me that Major Casimir had personally over-
seen the loading of a drug shipment into a boat named the Top
Sail Star that would be going to Miami, that the boat was to arrive
in Miami 2 days later.
The person also informed me that a Drug Enforcement Adminis-
tration agent stationed in Haiti would travel here the day before
the arrival of that boat from Haiti to ensure that everything would
be okay upon its arrival here.
I immediately informed the Metro-Dade Organized Crime Bureau
and the FBI to trigger a reaction on their parts to search that boat.
And I was told later on to be specific as to the location of the ship-
ment on the boat. I was, of course, outraged that such a question
would be asked of me, and I told them to just bring their dogs with
them when they search the boat.
The contact person here for the Haitian Government is a known
criminal named Lionel Woolly, who is a multimillionaire with a
massive fortune, working for both the Haitian Government of Du-
valier and the CAG. He continues to be very influential with the
Manigat government.
If the officials of the United States are serious about tracking
down those criminals, the drug smugglers here in Miami, the infor-
mation will be coming very soon. But the officials of the United
States must show us that they are serious and not just giving lip
service.
Mr. HEAVEY. Senator, in my testimony, I mentioned that we
have intelligence indicating that 45 percent of the Haitian vessels
and 60 percent of the vessel agents are allegedly involved in alien
and narcotics smuggling activities. Intelligence is an invaluable







asset, and it is the fundamental basis of the success of Operation
Riverwatch.
The agencies working together and sharing information on the
individuals and the vessels and on who owns the vessels, as well as
their level of involved in the drug trade-there is a body of trained
criminal investigators who work extensively on the river, and they
work with the larger south Florida drug task force, which is a com-
bined Customs and Drug Enforcement Administration function in
the interest of sharing intelligence, investigating together, and pro-
viding that information to the Riverwatch to target, profile and go
after those high viability or high predictability drug-wise vessels.
One most recent example was this past Monday when a vessel
received 254 pounds of cocaine involving the master, the master's
father, and two crewman, and the intelligence was very good.
The cocaine was concealed between the hull and the wooden
decking of that vessel. And it was so well concealed that the Coast
Guard boarded it out on the sea and searched it for several hours
and did not located it. Immediately after the Coast Guard disem-
barked, the master or the captain told the crew members to move
the cocaine. But again it was mainly due to intelligence that, when
the vessel came in and our joint resources searched it, the cocaine
was discovered.
Mr. CASH. Senator Graham, I would point out that, in concurring
with what Mr. Heavey said, the Drug Enforcement Administration
and the Customs Service jointly have been a part of almost every
major investigation in south Florida in recent years.
We follow the narcotics when they take us to people, and we are
devoid of political bias, and whether or not they are politicians is of
no concern to us.
The evidence is presented to the United States Attorney, and if
he sees that there is prosecution there, Mr. Kellner takes a very
aggressive stand.
We are proceeding against all of those sources, whether foreign
or domestic, who have trafficked in cocaine coming into the United
States from Haiti or from any other country.
Senator GRAHAM. Senator D'Amato.
Senator D'AMATO. Thank you, Mr. Chairman.
I would like to go back to something that Mr. Biamby indicated.
I read in your testimony, Mr. Biamby, that Major Casimir is him-
self a member of the military Macoute clique that is shipping drugs
into the United States, and that he was assigned to his present po-
sition by Colonel Regala.
Mr. BIAMBY. Yes, sir.
Senator D'AMATO. Now, Mr. Cash, what do you know about that?
Mr. CASH. I know, sir, that the Major was assigned by the Hai-
tian Government-that he is one of 19 people with whom we work.
We do not conduct background investigations or any other inves-
tigations of host country officers who are assigned to work with us.
And that is one of the limitations that the Drug Enforcement Ad-
ministration has always had.
Senator D'AMATO. All right. Let me suggest to you then, Mr.
Biamby, that if you have any information that would shed more
light on this, you share it with Mr. Cash, and I would also like to







have a report as to what the information is that Mr. Biamby has
and is willing to give as it relates to Major Casimir.
It also seems to me that we have other intelligence that the Drug
Enforcement Administration should review to see whether or not
the people we are working with are, indeed, the devils themselves.
If we have to rely upon the devil to smoke out the drug traffick-
ers, and they are part and parcel of it, we are playing games with
ourselves and destroying the credibility of the agency. And we
would perhaps be better off to have no agency there than to have
one that is set up in a conspiratorial manner by a government that
cares not a whit because the very people who are at the control
point in the military are involved deeply in that drug traffic.
I am not just suggesting now. I am going to push you on this, and
you know that I will.
Mr. CASH. No problem, sir.
Senator D'AMATO. It would seem to me that this is rather impor-
tant.
Mr. CASH. It is, sir.
Senator D'AMATO. Now, Mr. Biamby, I am going to ask you to be
a little more specific, iot with respect to Major Casimir, but to
come forward and give us some more detailed information.
I am going to ask you to supply it both to this committee-I
would appreciate that, and I think that is important-and to the
Drug Enforcement Administration's agents as well.
But let me ask you this: You say here that two of the Haitians
who were hired by the Drug Enforcement Administration in Haiti
are well-known hoodlums in the Haitian community of New York.
Mr. BIAMBY. Yes, sir.
Senator D'AMATO. Please expand upon that because I find that
quite disturbing, to be candid with you.
Do you know their names?
Mr. BIAMBY. Yes. But for purposes here, I-I will meet with Mr.
Cash at any time in the near future, and I will supply him with
additional names. And I will even tell him some things that he will
be interested in knowing about, things that are happening in Haiti,
but only if they are serious about doing things in Haiti.
Senator D'AMATO. Let me suggest to you that you brought up to
this committee what I believe is very relevant and important infor-
mation. If we can substantiate it, it is important, and it is going to
make the agency more effective. And I believe that Mr. Cash is se-
rious about this, no doubt about it.
Mr. BIAMBY. I will help him, Senator.
Senator D'AMATO. You do not choose to make public the names
of those two individuals at this time, is that what you are saying?
Mr. BIAMBY. I can tell you that both of them lived in New York
for over 15 years, and that they were involved in all kinds of activi-
ties-stealing, mugging people, and using drugs.
Senator D AMATO. Do you know whether or not they have crimi-
nal records?
Mr. BIAMBY. Yes, sir. In New York they do have records.
Senator D'AMATO. What you are saying to this committee is that
two people who have been hired by the Drug Enforcement Admin-
istration in Haiti, as they relate to their activities, have criminal
records in the United States; that the Haitian community in New







York is well aware of their backgrounds and activities; that they
are presently being employed by the Drug Enforcement Adminis-
tration in Haiti?
Mr. BIAMBY. Yes, sir.
Senator D'AMATO. Is that correct?
Mr. BIAMBY. That is correct.
Mr. CASH. I find this terribly difficult to believe, Senator
D'Amato, since we employ no Haitians.
This is perhaps a bit of verbiage as far as their being people who
are utilized as informants, vis-a-vis employees of the Drug Enforce-
ment Administration.
I would say that we will have to check this out and clear this up
for the record, but I find that to be very serious and very difficult
to believe.
Senator D'AMATO. Well, now, of course, you may have some-as
you move in a little bit closer on this, you may find that Mr.
Biamby is not talking about persons who are employed directly,
but about those who are employed as sources by the Drug Enforce-
ment Administration, as informants. What he is indicating is that
they have these kinds of backgrounds.
Of course, we all know that you do not go to Snow White for in-
formation in illegal drug trafficking, Mr. Biamby, so we do have to
get down to some specifics as to who is taking whom and as to who
is using whom.
This would not be the first time that something like this has
happened.
We had a fellow in the employ of the United States who was sup-
posed to be looking out for our interests down in Panama, you
know, and for 20 years he has been double, triple and quadruple
dealing, and that is General Noriega. You do not generally go to
the nicest people as it relates to some of this information. But I
think it is important, because if you have this kind of informa-
tion-indeed a leopard does not change its spots-these fellows
could just as likely be involved in a double dealing situation where
they are supposedly helping the Drug Enforcement Administration,
and are really continuing in their old ways.
Mr. Cash, you are going to meet with Mr. Biamby, is that cor-
rect?
Mr. CASH. I am, sir. And I will also state, as you have pointed
out, that we do not usually meet the people we work with at the
National Cathedral, and it is difficult to get the Snow White people
in these situations. But we will definitely be setting up the meeting
within the next week, absolutely.
Senator D'AMATO. Mr. Cash and Mr. Heavey, over a period of
time, one of our witnesses, Mr. Quinones, who was involved in the
indictment as it relates to Jean-Claude Paul, gave some testimony
about the elaborate use of the container shipment of food products
coming in, and hiding the tins of cocaine within the shipments. He
said that it would not be unusual that there could be up to 900
boxes in a container and that somewhere within the midst of 900
boxes of fish, there would be 50 boxes that would have the cocaine
in them.
What has your experience been as it relates to that, that indeed
the shipment of fish into this country is used as a major means of

S i

U W
0335-A







concealing cocaine either within the fish containers or within the
product itself, or within that shipment?
Mr. HEAVEY. Well, Senator, I have had, you might say, the unfor-
tunate experience of being in south Florida for over 2 years now.
When I first arrived, the largest by quantity volume of cocaine at
that point in time was about 3,400 pounds. That was in early 1986.
Since that time, we have had 11 seizures of cocaine, all in con-
tainerized cargo, which has averaged in excess of 6,500 pounds.
The most recent one-working with the Drug Enforcement Ad-
ministration in Tampa-was in the area of 9,000 pounds.
The shift over the past couple of years in smuggling cocaine has
gone from approximately 3 percent in fiscal year 1987 to about 40
percent by weight, by quantity and by volume.
Senator D'AMATO. Are you suggesting that approximately 40 per-
cent of the cocaine that comes in is coming in by way of contain-
ers?
Mr. HEAVEY. That is what we have seen in the last 2 years, a
shift from 3 percent in fiscal year 1987 to almost 40 percent of the
cocaine in fiscal year 1988. We are extremely apprehensive.
In the statement, I mentioned sea-land containers. It is very diffi-
cult, as you well know, to target containers at the Port of Miami,
for example, where we average in excess of 6,000 containers a
month. However, with the focus and some of the systems that Cus-
toms now has in place, we profile every shipment arriving by sea
and by air.
We look, and we profile them. And then, again, those from the
highest threat locations, coming from narcotic source countries, are
given special attention.
For instance, if you look at such things as the commodity itself,
the consignee, the importer, the Customs broker, the carrier itself,
what track record we have, the routing of the container and the
vessel, the monetary value involved, and the shipping costs, we
have to do this because there is no way that we can work on a
ratio of one-to-one, one Customs inspector to one container, because
it is just physically impossible.
We do an awful lot of analytical detection in identifying con-
tainerized cargo.
Mr. CASH. Senator D'Amato, I agree with Mr. Heavey here, and I
believe that the figure nationally is 7 million containers a year
coming into the United States, 7.7 million, and it is a very difficult
task.
No doubt there are, and have been for a number of years, coastal
freighters that transit between Miami and Haiti carrying a variety
of contraband goods ranging from bicycles to television sets. And
we also have a number of informants reporting intelligence rela-
tive to the utilization of those freighters, containers and caro in
the bringing of cocaine from Haiti into the United States, tha. co-
caine having originated in Colombia.
Senator D'AMATO. Let me ask you about your activities as they
relate to money laundering.
Mr. CASH. Yes, sir.
Senator D'AMATO. It has been suggested that the seafood indus-
try in Miami is the primary business operation that is used by nar-
cotics traffickers and also in the laundering of money.







Have you set up a special task force in the Drug Enforcement
Administration as it relates to that, and is the Treasury Depart-
ment working with you on that? Or what exactly are you doing, if
anything, in relationship to that?
Mr. CASH. Well, on the money laundering-
Senator D'AMATO. You know pretty well who the drug dealers
are, or you have a pretty good idea of who they are, even though
we all know that getting the proof is another matter. But the
money laundering is a matter in which you can do something. You
can seize those assets. It seems to me that this is an area in which
we have been somewhat negligent, and I think we should be doing
a lot more about it.
Mr. CASH. In Miami, Senator D'Amato, the Drug Enforcement
Administration and the agencies that participate with us, the Cus-
toms Service and the FBI, seized over $132 million in cash and
assets in this State.
Thirty-eight percent of that was in hard currency, and certainly
there is a plethora of money launderers operating in and out of
this city. But I cannot say that any particular industry at this
point is more predominant than any other.
I would say that the numbers of people involved in this trade are
legion.
Senator D'AMATO. How about this fellow, Lionel Woolly? Did you
ever hear of him?
Mr. CASH. I do not have any particular recall of that name, no,
sir.
Senator D'AMATO. Did you ever hear of Lionel Woolly, Mr.
Heavey?
Mr. HEAVEY. No, Senator. But I would like to address here your
statement of money laundering.
In addition to what Tom Cash has said, the Customs Service has
operated, in conjunction with the Internal Revenue Service and the
Department of Justice, in excess of five years now, Operation
Greenback.
We have 40 to 50 special agents working with the U.S. attorney,
the Internal Revenue Service, and with the Drug Enforcement Ad-
ministration. They focus on money laundering and currency viola-
tions, and it has been extremely successful.
In addition, we also focus on shipments in traffic going out of the
country, going to such source countries as Panama and Colombia.
We focus on passengers and cargo departing the country, in looking
for illicit drug proceeds, looking for currency.
Senator D'AMATO. Mr. Biamby, you testified about this Lionel
Woolly.
Mr. BIAMBY. Yes, sir.
Senator D'AMATO. What does he do, this multimillionaire, as an
official of the Haitian Government? Or is he an official of the Hai-
tian Government?
Mr. BIAMBY. He does not hold an official post right now, not as
an official.
Senator D'AMATO. You are saying that he is well connected, is
that it?
Mr. BIAMBY. He is the liaison between General Regala and Colo-
nel Figaro and Colonel Paul.







He is the contact here, and, in fact, he is like the Haitian Godfa-
ther in distributing those drugs when they come into this country.
Senator D'AMATO. Dr. Piou, do you know of this individual, this
Lionel Woolly?
Dr. PIou. Not personally, no. But I have heard of his name. I
have heard about him, but I do not know him.
Senator D'AMATO. What did you hear about him?
Dr. Piou. I have heard that he was very powerful during the
time of the Duvalier government.
Senator D'AMATO. Do you know whether he has any contact with
any of the individuals mentioned by Mr. Biamby?
Dr. Piou. Not that I know of, no.
Senator D'AMATO. Is he some sort of a mythical creation in the
mind of Mr. Biamby?
Dr. Piou. No. And that is not what I said. I did not say that.
Senator D'AMATO. You are the Charge d'Affaires here, are you
not?
Dr. Piou. Yes.
Senator D'AMATO. Have Mr. Woolly or any of his associates had
any occasion to call upon you?
Dr. Piou. No.
Senator D'AMATO. You have had no occasion to call upon him or
any of his representatives?
Dr. Piou. No.
Senator D'AMATO. Is he wealthy?
Dr. Piou. It is a possibility. But I have never met him, and I do
not know.
Senator D'AMATO. What have you heard about him?
Dr. Piou. I just heard that he was a very wealthy person during
the Duvalier regime, and that is the only thing that I ever did hear
about him.
Senator D'AMATO. Would you be in a position to know whether
he does or does not have any of these contacts that Mr. Biamby
told us about here today?
Dr. Piou. Well, no, I do not think so, because I have been in
charge for just about a month now in Washington, and I have been
in and out of--
Senator D'AMATO. In other words, you have not yet been in
touch with the Godfather?
Dr. PIou. With whom?
Senator D'AMATO. With Mr. Woolly.
Dr. Piou. No. I do not-why should I get in touch with him?
Senator D'AMATO. Well, we have Mr. Biamby here saying that
Mr. Woolly-have either one of you fellows heard of Mr. Woolly,
Mr. Heavey or Mr. Cash?
Mr. HEAVEY. No, sir.
Senator D'AMATO. What about the Drug Enforcement Adminis-
tration?
Mr. CASH. No, sir,'I do not have that name.
Senator D'AMATO. How do you spell Lionel Woolly's name?
Mr. BIAMBY. The first name is Lionel, and I would guess that it
is either L-y-o-n-e-l or L-i-o-n-e-l. And the last name would be W-
double o-double 1-y or W-double o-double 1-e-y.







Senator D'AMATO. Well, we will see if any of the agencies have
ever heard of him and try to find out what kind of an inspection he
is under, if he is under any inspection.
We realize that you might not want to make that known, but it
would certainly seem to me that you would have an excellent op-
portunity to follow up here on Mr. Woolly.
We are going to have to conclude now because we have a second
panel that is waiting. But let me just simply say this to you.
I have never seen before more horrible or incredibly awful sav-
agery than that which took place during the election process. The
Haitian people wanted it and were involved in it, but were de-
prived of a free vote, being butchered in their attempts to vote.
I have to tell you, Dr. Piou, that-and I do not direct this at you
personally-I have nothing but disdain towards the general who
runs that place, or for the puppet who allows himself to be used as
he has, or for Jean-Claude Paul, because I happen to respect the
men and women who are undertaking law enforcement efforts in
this country against great odds, against the failure of this Nation
and our own people to mobilize in this battle against drugs, be-
cause it is not just law enforcement, but education.
We are the ones who are buying this junk and contributing to it,
everybody who is using drugs.
The law enforcement people are strenuously laboring out there
against great odds. Let me tell you something. If Jean-Claude Paul
is indicted by the Federal grand jury down here in this district, you
better believe that there is more than smoke and rumors behind
that, that there is something of some substance.
He is a crook, he is a thief, he has aligned himself with the head
of a murderous group. And you may take back to your people word
that there are members of the Senate and of the Congress who
know exactly what is taking place as it relates to the brutalization
of the Haitian people.
Nothing there has anything to do with democracy, and it is a
sham. And I have to tell you that this is one Senator who has deep,
deep feelings and concerns, and I know that Senator Graham does
also, with the plight of the Haitian people. And I look forward to
working with Senator Graham in doing anything that I can to end
that plight and that misery.
I also have to tell you something about national sovereignty. I
think we have a right, particularly as it relates to a country that is
inextricably linked to the United States, given its proximity and
given the fact that people who have been oppressed there come
here. This business about sovereignty should not be trivialized, cer-
tainly not at this hearing. And we do have, I think, a moral respon-
sibility to exercise leadership, and that leadership might even
mean taking on the Ton Ton Macoute [applause], and using the
force and strength of this great Nation.
We better begin to examine our views and our relationships as I
suggest that the same kind of situations exist in Panama, that
there are parallels in Panama and parallels in Haiti, and is it not
interesting that the military forces of each have pretty good com-
munications with each other.
The birds of a feather, you know, flock together. And I will just
leave you with that.







I certainly do not direct this to you personally, Dr. Piou. I make
this observation as it relates to what is taking place in Haiti.
As far as I am concerned, it is not acceptable, and we have an
obligation to do everything that we can to put an end to it. [Ap-
plause.]
Thank you.
Senator GRAHAM. Thank you very much, Senator D'Amato. And
I wish to express my appreciation to this very informative panel.
There may be subsequent questions which we would reserve the
right to submit to any of you in writing, and request that you re-
spond for the record.
Thank you very much.
Ladies and gentlemen, our second panel is going to focus particu-
larly on the issue of Haitian involvement in drug trafficking as it
impacts on this community and on this State.
As I did with the first panel, I will introduce the members of the
panel by name and title, but have the record carry a fuller bio-
graphical statement.
I will introduce each.one of the four members of this panel in the
order in which they will be called upon to testify.
Upon completion of all four of the statements, we will then have
a period of questioning.
The first panelist is Mr. Clarence Dickson, who is the chief of
police for the city of Miami.
The second panelist is Mr. John Shaw, who is the Assistant Com-
missioner for Investigations with the U.S. Immigration and Natu-
ralization Service.
The third panelist is Mr. Michael Lanfersiek, who is a special
agent with the Florida Department of Law Enforcement.
The fourth panelist is Captain Malone Stewart, who is with the
Metropolitan Bureau of Investigation of the Orange County Sher-
iff's Office.
Chief Dickson.
STATEMENTS OF PANEL CONSISTING OF CLARENCE DICKSON,
CHIEF OF POLICE, MIAMI POLICE DEPARTMENT; JOHN SHAW,
ASSISTANT COMMISSIONER FOR INVESTIGATIONS, IMMIGRA-
TION AND NATURALIZATION SERVICE; MICHAEL LANFERSIEK,
SPECIAL AGENT, FLORIDA DEPARTMENT OF LAW ENFORCE-
MENT; AND CAPTAIN MALONE STEWART, METROPOLITAN
BUREAU OF INVESTIGATION, ORANGE COUNTY SHERIFF'S
OFFICE
Chief DICKSON. Thank you, Senator Graham and Senator
D'Amato, for allowing me the opportunity to speak before the
Senate Caucus on International Narcotics Control in reference to
drugs in the Haitian community. I would like to read my statement
into the record.
Senator GRAHAM. Chief, as with the first panel, I would request
that each member of this panel limit his oral comments to approxi-
mately 5 minutes, with the full statement being available for the
record.
Chief DICKSON. I have submitted a very short statement in writ-
ing so it will probably take less than 5 minutes for me to get it in.







Senator GRAHAM. That will be fine.
Chief Dickson. South Florida and Miami have long been consid-
ered the gateway to the United States from the Caribbean and Cen-
tral and South America.
The geographical location of south Florida, and specifically
Miami, has made this area an important link in legal trade be-
tween the United States and those countries. However, these same
conditions have also made the area a favorite trade hub for drug
traffickers, changing our communities for the worse.
In the early 1980's, the U.S. Government initiated programs
aimed at certain countries with reputations for permitting illegal
drug production and transportation to go unchecked. These pro-
grams have met with some success and have forced drug traffickers
to seek new havens for storage and to seek new routes for their
shipments to the United States and through south Florida.
Haiti, due to its location and unstable economy, is certainly one
such port and route.
The greed and corruption of some high level Haitian officials
during the Duvalier era more than qualified Haiti as a strategic
point for drug trafficking. However, the problem has really reached
its peak since Baby Doc fled the country in February 1986.
There was and is internal turmoil in Haiti, and the lack of lead-
ership has created a vacuum favorable to the drug traffickers,
which accelerates the corruption process of government officials.
Some of these officials, attracted by the high profits of the drug
business, have become themselves first-class drug traffickers.
Several high ranking career Army officers have been implicated
in the drug trade and, not long ago, a well-known Haitian Army
colonel, Jean-Claude Paul, who is in charge of the military bar-
racks in Port au Prince, was indicted by the Drug Enforcement Ad-
ministration in Miami.
Law enforcement agencies in south Florida realize the severity of
the drug trafficking in Haiti as its relates to our communities. Hai-
tian commercial vessels entering our waters were, for some time,
looked at only in relationship to illegal aliens, but the concern of
drug smuggling by these vessels had to be, and is now being, ad-
dressed. The scenario is simple.
The drugs coming from South America are transited in Haiti
with the complicity of Haitian officials. From there, the drugs are
either sent to an island in the Bahamas or shipped directly to the
United States hidden in Haitian vessels involved with contraband.
r The emphasis on the Haitian connection does not mean that the
old routes have been completely abandoned. It only shows the enor-
mity of the task facing the law enforcement community in combat-
ting the illegal entry of drugs into the United States.
With 90 percent of the Haitian vessels docking along the 6 miles
of the Miami River that are within the city of Miami, the workload
of the Miami Police Department is greatly complicated.
The Haitian connection is not limited to the Miami area. From
Miami to West Palm Beach, from Immokalee to Tampa, from Or-
lando to Jacksonville, the Haitian crack cocaine industry is flour-
ishing.
In February 1987, a joint investigation by the Florida Depart-
ment of Law Enforcement, the Metro-Dade Police Department, the







Saint Lucie Sheriffs Office, and the Miami Police Department re-
sulted in the indictment of a dozen Haitians who were operating a
$200,000 a week crack business in the Fort Pierce area, with con-
nections in the city of Miami.
The positive results of this investigation would have been very
difficult, if not impossible, without the assistance of Creole-speak-
ing officers within several of the agencies.
The need for more Haitian police officers is a priority for the
Miami Police Department, and should be recognized by all of the
agencies that have any connection with the problems concerning
drugs coming into the country.
We started with one Creole-speaking officer in 1985, and to this
date we have been able to recruit seven more, and we now have a
total of eight active Haitian-born police officers on the force. This
is one of our key missions, we feel, with the growing drug traffick-
ing problems in our Haitian community.
We see in police departments across the country, and especially
here in Miami, the end result.
After all of the hullabaloo and the high level drug dealings, and
all of the things that go into the drug culture, the bottom line is
what hits the streets, and that is where the local law enforcement
agencies become involved, and that is where we see the bottom
line.
Now, the things that go on in Haiti-Haiti being a port of transit
for the storage of drugs being brought into this country-are the
preliminaries that occur in connection with the drugs coming into
our country. But where it is really hurting the Haitian community
and our local Miami citizenry is when the drugs get into the hands
of what were previously some of the most law-abiding people in
this country.
In the past, the members of the Haitian community have been
some of the most law-abiding people who have ever entered into
this country. However, now with the drugs-the drugs are now
plaguing the Haitian community, and these same law-abiding
people are beginning to be enticed into the drug business, as are
our American citizens. It is very easy for law enforcement officers
to find themselves locked out as to what is occurring in the Haitian
community because of the language barrier.
As I said previously, the Miami Police Department now has eight
active Haitian-born police officers on the force. There are very few
people other than Haitians who speak their language so, therefore,
if we are not careful, we might in fact wake up one day and find
that what was once a peaceful, law-abiding, hardworking produc-
tive part of this community has become just the opposite of that,
and no one will know how or when it occurred.
In spite of our increase in the number of Haitian-born police offi-
cers on the force, every time a Haitian recruit graduates from the
police academy, it does not take very long before he or she is well-
known by the Haitian dealers, and this, plus the closely knit orga-
nization of Haitian drug dealers, makes it extremely difficult to in-
filtrate the drug traffickers' network.
It truly is a problem that must be resolved because of its impact
upon the success of undercover operations and the reduction of
drugs within our communities.







In closing, I would like to say that we in the law enforcement
community, especially in Miami and south Florida, must continue
to recruit qualified Haitians to join the ranks of law enforcement.
We must continue to use joint or multiagency task forces in the
war against drugs as traffickers certainly are not hampered by ju-
risdictional boundaries. Additionally, in these times of severe
budget constraints on all of us, we cannot afford duplication of ef-
forts and dollars which may not produce the maximum possible re-
duction in the drug problem.
Drugs from Haiti, as well as drugs from any other place, are de-
stroying our children, the hope of tomorrow, and our communities.
We of the Miami Police Department are dedicated to the war
against drugs, and we will continue to work to return our commu-
nity to the decent citizens. And it is my hope that this Senate coun-
cil or investigating committee will in fact be able to come up with
some answers and some recommendations after asking the ques-
tions which you think should be asked at this time.
Again, I would like to thank you for having been given the op-
portunity to address this committee, and I look forward to a contin-
ued joint commitment in the war on drugs.
Senator GRAHAM. Thank you, Chief.
Mr. John Shaw.
STATEMENT OF JOHN SHAW
Mr. SHAW. Good morning, Senator Graham, and the distin-
guished members of the Senate Caucus on International Narcotics
Control.
I am pleased to have this opportunity to appear here today on
behalf of the Immigration and Naturalization Service to testify on
Haitian narcotics activities in the United States, and on the re-
sponse of the Immigration and Naturalization Service to this
threat.
Let me preface my remarks by stating that the specific topic of
today's discussion-Haiti's role as a drug transshipment point-in
an area of overseas intelligence activity in which we are not pri-
marily involved. To that extent, I must defer to my colleagues from
the Drug Enforcement Administration and from the U.S. Customs
Service to discuss how the narcotics are arriving in the United
States.
Controlling aliens is our prime mission. However, the large per-
centage of narcotics violators who are aliens moves the Immigra-
tion and Naturalization Service squarely into the narcotics enforce-
ment area.
What I would like to discuss are the unique capabilities of the
Immigration and Naturalization Service to respond to the threat of
alien narcotics activities and our ongoing efforts to thwart these
and other alien criminal activities.
The Congress of the United States addressed the problem of nar-
cotics offenders and criminal aliens as a national problem in the
context of two major pieces of legislation in 1986, and those two
pieces of legislation-the Anti-Drug Abuse Act of 1986 and the Im-
migration Reform and Control Act of 1986-thrust the Immigration








and Naturalization Service into the spotlight, if you will, in a
major enforcement role which it must assume.
Perhaps the Immigration and Naturalization Service did not
have the tools to effectively utilize in its role against the national
problems of aliens committing serious crimes and of aliens being
involved in narcotics.
The picture that the Immigration and Naturalization Service
sees in south Florida is a microcosm of the problems that we are
trying to deal with nationwide. The application of the Immigration
and Naturalization Service's statutory jurisdiction to coordinated
law enforcement is only now beginning to be realized. The nexus is
obvious.
Narcotics trafficking as an international activity, almost by defi-
nition, involves criminal aliens. Newly emerging ethnic narcotics
trafficking organizations are no different than traditional criminal
organizations in their techniques or modes of operation. They use
anything that works.
What is now, however, is the increased diversity of ethnic groups
engaging in these criminal activities, and the increased difficulty
in penetrating some of these groups, which include Colombians,
Cubans, Jamaicans, Nigerians, Indians, and Chinese, among others.
And the Haitian narcotics traffickers are among the newest of
these criminal groups.
Investigative efforts have revealed that, within most of the
emerging criminal organizations, the principals and active mem-
bers are often aliens, and the organizations conduct their illicit ac-
tivities using the services of aliens, and the organizations engage in
the full range of violations under the jurisdiction of the Immigra-
tion and Naturalization Service-document fraud, alien smuggling,
marriage fraud and illegal entry.
Disruption of criminal enterprises can be accomplished either
through infiltration and prosecution of the narcotics statutes, or
through removal of individual criminal members convicted of any
variety of violations, such as those of immigration statutes.
The application of the Immigration and Naturalization Service's
statutory jurisdiction to coordinated law enforcement efforts makes
good sense.
The Immigration and Naturalization Service has traditionally ac-
corded individual criminal aliens one of its highest priorities, and
more recently we are actively targeting organizations involved in
continuing criminal enterprises, particularly narcotics.
These investigations have given our agents tremendous ability
and experience in dealing with alien communities, particularly in
cultivating informants using as a lever highly coveted immigration
benefits. Here in Dade County, Colombians and Cubans dominate
the drug trade.
In Broward, Palm Beach, Saint Lucie, and Brevard Counties, and
across the State to Tampa and around Orlando, Haitian groups
have been able to set up networks. Our agents suspect that this is
because the Haitians do not have the competition from the more
sophisticated Colombian and Cuban groups, and because they can
sell more easily to co-nationals and native-born Americans in those
communities.






33
Our experience with Haitian traffickers, which is similar to our
experience with Jamaican violators, is that they will frequently try
to bluff local law enforcement officers into believing that they are
native-born citizens of the United States, or that they are legal
residents. But, because of the familiarity of our agents with these
scams and with both genuine and fraudulent nationality docu-
ments, these false claims frequently evaporate as soon as our offi-
cers arrive on the scene.
The Immigration and Naturalization Service's efforts focus on
preventing the entry of narcotics violators into the United States,
and then locating and removing egregious individual violators who
are in the United States, thus disrupting their organizations.
Our first line of defense is at the borders, and here in south Flor-
ida, the Immigration and Naturalization Service works with the
U.S. Coast Guard to interdict illegal Haitian entrants before they
enter the United States.
These efforts, however, have not disclosed this type of Haitian
alien smuggling as a prime mechanism for narcotics investigation.
Our inspectors at the airports have a somewhat different experi-
ence.
In calendar year 1987, 54 incidents occurred involving the seizure
of narcotics or currency from Haitian aliens arriving in the United
States via commercial air carriers, and 26 of these incidents oc-
curred in Miami.
Through April 15, 1988, another 21 incidents occurred involving
Haitians arriving via commercial aircraft, and 10 of these occurred
in Miami. Approximately one-half of these incidents involved the
use of counterfeit or altered entry documents.
To increase our detection efforts, the Immigration and Natural-
ization Service has deployed in Miami members of the terrorism,
drugs, and fraud detection teams, who have received specialized
training in identifying and intercepting bogus documents and nar-
cotics.
Additional support to our port interdiction efforts is provided by
our Intelligence Division's Forensic Document Laboratory, which
assists in identifying fraudulent, altered and counterfeit passports,
visas and immigration documents.
As full members of the El Paso Intelligence Center, our intelli-
gence also receives valuable analytical support in identifying both
individual violators and trends of violations.
Our efforts in the interior of the United States are focused on
two primary areas, our activities as members of the Organized
Crime Drug Enforcement Task Force, and our Alien Criminal Ap-
prehension Program.
Because drug trafficking is no longer an isolated problem, but an
everyday problem transcending all levels of society, the President
has declared drug trafficking a matter of national security.
The Immigration and Naturalization Service became a full
member of the Organized Crime Drug Enforcement Task Force on
December 23, 1986, when the Deputy Attorney General approved a
formal implementation plan for the inclusion of the Immigration
and Naturalization Service. During May 1987, 13 of our full-time
core city coordinators were selected and entered on duty. Miami is
one of these cities having a coordinator.








An additional 87 special agent positions were committed to staff
these 13 Organized Crime Drug Enforcement Task Force regions.
At the present time, 85 of these positions have been selected and
filled, and 4 of these newly filled positions are in Miami.
Since May 1987, our special agents have participated in 58 of the
Organized Crime Drug Enforcement Task Force's investigations,
formally accepted by the core city coordinating groups.
To date, the Immigration and Naturalization Service has been
designated as the lead or co-lead agency in 11 accepted Organized
Crime Drug Enforcement Task Force investigations.
As a direct result of the Immigration and Naturalization Serv-
ice's participation in the Organized Drug Enforcement Task Force's
program, our special agents have been responsible for, or have as-
sisted in, drug-related seizures and forfeitures amounting to $7.3
million in currency, 91 vehicles, 169 firearms, 991.8 kilograms of
cocaine, 1,521 vials of crack, 29.5 pounds of heroin, 21,211 pounds of
marijuana, 60 pounds of amphetamines, and 500 units of LSD.
In addition, our special agents have arrested 484 aliens involved
in illegal drug activities.
Significantly, the majority of investigative activity that resulted
in these accomplishments occurred with less than one-half of the
formal special agent positions filled.
To date, our activities in Miami have focused on Jamaican crimi-
nal groups, and our Organized Crime Drug Enforcement Task
Force coordinator here has been directly involved in such activities
as Operation Rum Punch, which was our national effort against Ja-
maican narcotics and firearms violators.
With the full implementation of our special agent staffing at the
Miami Organized Crime Drug Enforcement Task Force, we will
build on the impressive record which we have already established
at other locations in the United States.
The Alien Criminal Apprehension Program is an aggressive mul-
tiphased strategy devised by the Immigration and Naturalization
Service to remove criminal aliens from the street, from the commu-
nity, and ultimately from the United States in as expeditious a
manner as possible, consistent with due process requirements.
The program is designed to be proactive as well as reactive in
nature, to detect and arrest criminal aliens both before and after
incarceration.
One example of proactive efforts occurred during March and
May 1987, when our investigators from Miami joined with the Fort
Pierce Police in joint efforts to remove Haitians who had been con-
victed of possession of small amounts of cocaine.
Fifty Haitian aliens were taken into custody by the Immigration
and Naturalization Service during these operations and placed in
deportation proceedings.
Another example of that the Immigration and Naturalization
Service in Miami is doing is streamlining the way aliens appre-
hended by other law enforcement agencies are referred to the Serv-
ice and our own deportation hearing efforts in the cases of these
incarcerated aliens. Nationally, the Investigations Division is co-
ordinating the development of an Institutional Hearing Program in
cooperation with the Detention and Deportation Program and the
Executive Office of Immigration Review. The goal of this program








is to establish cooperative programs with State penal institutions
holding deportable aliens.
Expulsion and deportation proceedings can be conducted in these
institutions, thereby reducing detention costs and expediting the
removal of criminal aliens upon completion of their sentences.
During the past year, approximately 1,000 incarcerated aliens,
who had been sentenced to a minimum of one year and one day in
prison, were referred to the Immigration and Naturalization Serv-
ice in Miami via this process and, although only approximately 50
of these 1,000 incarcerated aliens were Haitians, the majority of
them had been imprisoned based upon convictions for narcotics vio-
lations.
Special pilot projects are underway at four cities, including
Miami, to increase our capabilities to respond to local law enforce-
ment agencies' inquiries concerning aliens who have been convict-
ed for, or are the subject of criminal investigations relating to con-
trolled substances.
The Immigration and Naturalization Service has just brought on
board a complement of four special agents who will be participat-
ing in the Organized Crime Drug Enforcement Task Force in south
Florida, and with these agents fully assimilated into joint agency
operations, we anticipate making a significant contribution to the
war on narcotics in Florida.
The Immigration and Naturalization Service continues to work
through its Institutional Hearing Program to expeditiously identify
and process incarcerated alien criminal violators. In Florida, the
majority of these felons are narcotics violators.
Miami is one of four pilot cities where we are exploring automat-
ed system prototypes to meet specific local needs in assuring
prompt identification and referral of aliens of interest to the Serv-
ice.
It should be noted here that one of the areas already identified
as a bottleneck, which can be easily broken, we hope, is in the area
of obtaining certified copies of judgment and conviction records of
aliens who have been convicted of narcotics violations and serious
felonies.
Certified copies are needed for deportation hearings, and expedi-
tious hearings are delayed when such records are sought from dis-
tant counties, and this is a critical problem when detention space is
at a premium.
The Immigration and Naturalization Service is currently work-
ing on enhancing the security levels at the Krome Detention Facili-
ty in order to facilitate the detention and removal of deportable
aliens from the United States.
During the past calendar year, the Immigration and Naturaliza-
tion Service has made significant inroads against criminal aliens,
and this has been accomplished largely through regulatory initia-
tives and the creation of participation in new programs, such as
the Organized Crime Drug Enforcement Task Force, operating pro-
cedures and guidelines, management system enhancement and en-
hanced public awareness of our role in the criminal justice commu-
nity. Significant inroads have been made in targeting major viola-
tors of both new laws and those which previously existed.








With resource enhancements, additional manpower, actually
coming on duty for the first time in 9 years, our investigations pro-
gram is prepared to make greater efforts in thwarting these new
criminal groups.
Two months ago, the Immigration and Naturalization Service
submitted its first report to Congress relative to those provisions
known as the Akerman amendment under the Anti-Drug Abuse
Act of 1986.
By the end of 1988, Judge Roby, working with our general coun-
sel and with our Investigations Division, will have afforded every
State the opportunity to set up an Institutional Hearing Program
in any institution, or in a number of institutions, in each of the
States of the United States. The purpose of this is to take the in-
carcerated convicted alien population and to expeditiously push
them through this somewhat clogged system of administrative
review.
More specifically, coming back to Florida, Miami is one of the
cities that the Immigration and Naturalization Service has desig-
nated a full-time Organized Drug Enforcement Task Force coordi-
nator, to work full time in conjunction with other Federal agencies
in joint task force operations.
The Immigration and Naturalization Service's Miami office has
recently staffed its positions allocated to participate in that Orga-
nized Crime Drug Enforcement Task Force, so the way that we are
approaching the problems of Haitians, Jamaicans and serious
felony offenders involved in narcotics is with criminal alien track,
more effective cooperation with the State and local police through
a national strategy that we implemented in September 1986 and
furnished to the Congress at that time. Senate Appropriations re-
ceived that.
The second mode of operation upon which we have embarked,
and which we have staffed with 100 agents, is participation in the
Organized Crime Drug Enforcement Task Force, one of the cities
being Miami.
In the past year, our first year of full operation in Organized
Crime Drug Enforcement Task Force activity, the Immigration and
Naturalization Service has participated in a full partner in 85
cases, and we exercised lead agency responsibility in 15 of those
cases. And those cases have all either resulted in developed investi-
gations, indictments or convictions, and they are all moving
through the various criminal justice processes under the control or
supervision of the key city U.S. attorneys.
I will be pleased to respond more specifically to your concerns as
they relate to Florida, but I conclude by saying again that Florida
to us represents a microcosm for the problems that the Immigra-
tion and Naturalization Service has had to deal with in focusing
more specifically on this problem of criminal aliens, serious con-
victed felons, and searching for the tools and the expedited systems
that will allow us to streamline this process that paralyzed the
local criminal justice system, and it is called the administrative re-
moval process of deportation under the ambit of the Immigration
and Nationality Act.
I will be happy to respond more specifically to any questions that
you have.







Senator GRAHAM. Thank you, Mr. Shaw.
Mr. LANFERSIEK.
STATEMENT OF MICHAEL LANFERSIEK
Mr. LANFERSIEK. Thank you and good morning, Senator Graham,
Senator D'Amato, ladies and gentlemen of the press, and members
of the panel.
I would like to take this opportunity to thank you on behalf of
the Department of Law Enforcement for allowing me to express
our position as it relates to crack cocaine and the Haitian commu-
nity within our State.
As of late, the Department of Law Enforcement has become the
depository for intelligence, both statewide and with other State law
enforcement agencies outside of the State of Florida. We currently
coordinate many multiagency State and local task forces to investi-
gate crack cocaine trafficking, and we supply investigative exper-
tise and support personnel to these multijurisdictional type investi-
gations.
As I laid out in my synopsis, one investigation that we did began
in Winter Park, FL, and culminated in Miami, FL, and the indus-
try was reaping approximately, according to our estimates,
$200,000 per week in the distribution of crack cocaine.
If there are any other comments that you would like to have me
make, I will be pleased to answer them in answering your ques-
tions.
Senator GRAHAM. Thank you, Mr. Lanfersiek.
Captain Stewart.
STATEMENT OF MALONE STEWART
Captain STEWART. Thank you, Senator Graham and Senator
D'Amato, ladies and gentlemen of the press, and members of the
panel. I appreciate being given the opportunity to speak in front of
you here today.
I would like to tell you something about the illegal aliens,
namely Haitians and some Jamaicans, in the southern Florida
area.
We mostly think of Orlando, as most people view Orlando, as
Disney World and an area where we do not have any problems.
But there is a very serious problem, an epidemic that is becoming a
plague, relating to crack cocaine. Crack cocaine entered the metro-
politan area of Orlando, FL, in the latter part of 1985 via Haitian
drug dealers, Haitians being the latest large group of aliens to have
come into our country at that particular time.
Prior to 1985, the Haitian aliens were at the lower end of the so-
cioeconomic ladder, being only able to get service related jobs or
jobs picking vegetables or fruit. But, in the latter part of 1985, with
their introduction to crack cocaine, there came a meteoric rise of
influence and social prominence for them.
In essence, prior to being crack cocaine dealers, they had been
abused by blacks, whites, Hispanics, and just about anybody else;
being sold cars for $7,000 when the cars were only worth $2,000,
and then missing a payment and having the car taken away from
them and resold.








Well, all of that changed with the crack cocaine, and the afore-
mentioned, as I just explained, caught us unprepared and confused,
because we had never experienced a drug so abundant, cheap and
addictive. What was even more unusual was the fact that the
abuse of the drug crossed all social and ethnic lines.
Normally, with heroin, it was mostly in the minority communi-
ties, but now we were having housewives from the more affluent
areas who were involved, and everyone who tried this new drug,
this crack cocaine, became highly addicted. And there are no recre-
ational uses of drugs.
At that time, the Haitians were the masters of making crack
and, therefore, they quickly became the kingpins of the trade, and
an even larger problem evolved once a Haitian was caught, that he
never made it through the judicial process.
Just off the top of my head, of a hundred Haitians we have ar-
rested, just recently about 5 percent have actually gone through
the judicial process of being prosecuted and going to jail.
The number of illegal aliens who deal in crack cocaine has in-
creased by more than 300 percent in the past 24 months. And al-
though the recent enforcement efforts of local law enforcement has
somewhat stabilized drug trafficking by illegal aliens, one major
problem remains. That problem is identification, pretrial detention
and successful prosecution of those illegal aliens.
Less than 5 percent of all illegal aliens arrested by the Orange
County Sheriffs Office for Narcotics Violations have been success-
fully prosecuted. A typical case scenario is one in which an illegal
alien is arrested for trafficking in cocaine, booked into the jail and
a bond is set. These illegal aliens bond out and are never seen or
heard from again until they surface in another jurisdiction under a
new name, for instance, in another service-related area or in an-
other agricultural area, such as Fort Pierce. It is not uncommon to
find Haitian dealers in possession of several pieces of identification
in different names.
At the execution of one search warrant in Orange County, we
found a Haitian crack dealer in possession of several driver's li-
censes in different names in his wallet, along with $15,000 in cash.
In another case, a Haitian drug dealer was stopped at the Orlan-
do International Airport when he was bound for Haiti with $26,000
in cash in his possession.
We are told by Haitian informants, and there are few of them to
come by, since they are a very closely knit community, that the
proceeds from drug transactions are being taken to Haiti to finance
the government. And we are also told that Haitians are recruited
and smuggled into the United States for the sole purpose of dealing
drugs. Through intelligence sources, we have documented a formal
network of drug trafficking by Haitian dealers.
Cocaine is coming directly from Colombia to Haiti and then to
south Florida, and on up the eastern seaboard and into Montreal,
Canada.
In addition to drug trafficking, we have observed a transforma-
tion among the Haitians who, as Chief Dickson said before, had
been, prior to the induction of crack cocaine, docile people. They
were hardworking people, people who would work two service-relat-
ed jobs, one at Disney World and one at Sea World. But that has







changed and now, during drug transactions, they carry machine-
guns and they are violent too.
Recently, a trend has developed where the Haitians and Jamai-
cans who are on record as being the most violent are starting to
work together in the cocaine distribution business. Our present
system encourages illegal aliens to come into Florida for the pur-
pose of dealing drugs.
The enticement of making thousands of dollars a week dealing
drugs, with the only consequence being paying a fine, obtaining a
false identify, and relocating, is too good to pass up.
A special street drug unit, which started with eight drug agents
at the beginning of 1986, averaged 50 arrests a month. Eight addi-
tional agents were added in 1987, and arrests doubled. If arrests
remain on course as they are presently in 1988, we are expecting a
50 percent increase. In my professional opinion, if resources per-
mitted the doubling of the present staff, the arrests for crack co-
caine would double again.
The cost of cocaine has been cut in half from last year.
Our jails are overcrowded and under a Federal mandate, and the
most damaging aspect of the entire situation with crack cocaine is
this, abstinence from the drug, being in jail, is not a cure. They tell
me that the only idea on their minds is to get back to the crack
house. There is no rehabilitation in central Florida, no free reha-
bilitation. If anyone wants rehabilitation, he has to have major
medical insurance.
The best thing going is a two-month program, and that is
$17,000, and you have to pay $3,400, 20 percent of that, and the av-
erage person cannot afford it, if you are indigent. That includes ju-
veniles too, because I checked with the HRS officials. I am speak-
ing of Orlando when I say that there is no rehabilitation.
We need your help with the rehabilitation, and we need your
help with the jails, and we need your help with harsher penalties,
and we need your help with deportation.
If you or I were caught in a foreign country selling drugs, we
would serve time for it, but that is not occurring in Florida.
The other thing that I would like to touch base on here is the
fact that it takes four times to be caught dealing drugs in order to
get State time. And when anyone does get jail time under the State
system, only 20 percent of that time is normally spent in jail. And
when someone is given a 3-year mandatory sentence, he is getting
out in 6 months on a work release program. Crack is here to stay.
It is a question of supply and demand, and if we were to take all
of the Haitians and all of the immigrants away, crack is still going
to be here, and we are going to have to attack it in different ways.
We are talking about a tremendous resource. A person who is total-
ly addicted to crack cocaine and is selling it just to supply his
habit.
We have other facilities, incarcerating facilities, for those people
so that we do not load up the jails, and it is not a continuing re-
volving door situation.
Just last night, we executed a reverse sting where we were
posing as the drug dealers, and we arrested 50 whites in one of the
worst parts of Orange County that you would ever want to venture








into, within 2 hours, in a 2-hour period of time, and that ended in a
shootout.
We have a serious problem, and any help would be greatly appre-
ciated.
If there are any questions, I will be happy to try to answer them
for you.
Senator GRAHAM. Thank you, Captain.
Captain Stewart. Thank you, Senator.
Senator GRAHAM. Focusing first on the role of the Immigration
and Naturalization Service in this issue, it seems to me that there
are at least three areas that have been sketched out by the first
panel, or by you, and one of those is in identifying persons who are
currently residents of Haiti, or who are in the United States as
Haitian nationals legally, that is, with a United States issued visa,
and who are involved in drug trafficking activities.
The second area deals with those persons who are in the country
illegally, and who have been found to have been engaged in some
felonious activities relative to drugs-how those persons are treat-
ed.
I would like to focus on those two aspects of the Immigration and
Naturalization Service's involvement.
First, what is our level of intelligence, Mr. Shaw, as to persons
who are in the United States with a legal visa, and who are in-
volved in drug trafficking, and what kinds of actions do we take to
try to screen those persons out initially and when they come to our
attention, to lift their visas?
Mr. SHAW. Senator Graham, the level of intelligence that has
reached the Immigration and Naturalization Service, certainly
which derived benefit of the products of the intelligence communi-
ty of which we may not be a formal member, has not let us do a
focus on a significant problem of the importation of drugs, or an
infrastructure, and therein lies the problem which Haitian crack
and the distribution range that we have heard described here
today.
One is that the level of activity seldom rises to meet the thresh-
old of the Drug Enforcement Administration or of the Federal
Bureau of Investigation. And there may be some question as to
whether it reaches the threshold of acceptability for the OCDETF,
the Organized Crime Drug Enforcement Task Force.
I have asked Mr. Kearns to look into that. And I think that since
there is a middle road here, our best way of addressing this prob-
lem, developing this intelligence and focusing on the problem is to
move into this middle area. And the ATF and the INS have begun
to do that, certainly on Jamaicans. And there is a problem with
Haitians, and there has been here in Florida, and the access seems
to be in the Fort Pierce, Orlando, and Tampa areas. And we have
moved in there before on a joint operation. And I think that is the
way to approach that, to work with State and locals, and with the
Immigration and Naturalization Service, using its identification
systems to try to get a handle on known felons, members of the
Haitian community who have been previously convicted, and who
are clearly amenable to deportation, and to work out some joint op-
erations that will allow us to harness our limited resources and go







in for limited duration operations. And I think it would be highly
effective.
The second way that we hope to approach it in working with the
State and locals, is by presenting certain cases with regard to Hai-
tian traffickers and crack operations to the Organized Crime Drug
Enforcement key city attorney here in Miami now that we have
staffed this office. And I have discussed that with Mr. Kearns.
Frankly, from the Intelligence Committee, with regard to drug
intelligence, our focus has been on Jamaicans, and we are operat-
ing today in about 15 cities, because the clear appearance of an in-
frastructure amongst Jamaicans and their known propensity for vi-
olence that has related to Jamaican involvement in cornering their
share of the narcotics market--
Senator D'AMATO. If I might, Mr. Chairman.
Let me put you on the spot, Mr. Shaw.
What to date has your local District Director evidenced as it re-
lates to the deportation of criminal aliens?
Mr. SHAW. I did not hear the first part of your question, Senator.
Senator D'AMATO. What programs do you have? Do you have a
program, or have you talked to Judge Robey, or are you deporting
criminal aliens after they have served their time and, if so, how
many have been deported?
Mr. SHAW. I do not have the numbers, but I can give you the
numbers of 18,000 completed criminal investigations with regard to
criminal aliens, nationally, this year which is an increase over--
Senator D'AMATO. What I am asking you is here in this region.
Mr. SHAW. I would have to get that for you.
Senator D'AMATO. Do you have a process whereby, before that
criminal alien who has been convicted and served his time is dis-
charged from the city jail or State prison, they get their review and
are eligible for deportation, or are they basically just discharged
back out onto the street?
Mr. SHAW. No, sir. We have a process here that focuses on the 33
State investigations.
There are 33 of them that are spread throughout the length and
breadth of Florida, and we have identified 2,500 criminal aliens
who were incarcerated and serving sentences for felony convictions,
which shows that they are docketing information, and their convic-
tion records show foreign nationalities, foreign birthplaces.
We have placed detainers at this point in Florida on about 1,000
of that population, and we track them and work in conjunction
with the department of corrections in Florida in improving our
tracking capabilities so that at such time as they are discharged,
we then put them into our expedited hearing process.
I do not have the end results of--
Senator D'AMATO. Let me ask you about the expedited hearing
process.
Mr. SHAW. Yes, sir.
Senator D'AMATO. Does that mean a release or that they are de-
tained?
Mr. SHAW. At the present time, they are turned over to INS, the
Immigration and Naturalization Service.
Senator D'AMATO. And you hold them?
Mr. SHAW. Not in Krome any longer.








Senator D'AMATO. You parole them?
Mr. SHAW. Our detention facility has been closed down in Flori-
da until it can be toughened up as a minimum security institution,
which I believe was a Senator Chiles' rider on one of the recent ap-
propriation bills.
Senator GRAHAM. I think he is asking a broader question.
What is the third category after illegal persons who are in the
United States have committed felonies, persons who are in custo-
dy?
Mr. SHAW. Who are incarcerated?
Senator GRAHAM. If, at the conclusion of the period of incarcer-
ation in a State or Federal institution an illegal alien is about to be
released, what are the steps that the Immigration and Naturaliza-
tion Service is currently taking?
Mr. SHAW. The program that we have embarked on is to push
those people, to accelerate them through the system, or through
the institutional hearing process. It is to receive them when the
State releases them and, in Florida, that means moving them cur-
rently to either Oakdale or to Houston, since we have no holding
facility, and only five jail cells or spaces, leased jail spaces, in the
entire State of Florida. It is to remove them to Houston or Oak-
dale, and to expedite them through the Robey accelerated hearing
process, except for the Cubans.
Senator GRAHAM. Let me take the example of a Haitian national
who has been serving a sentence in a New York State penal insti-
tution.
After they have the administrative hearing, and after they have
been removed to a Federal detention facility, what would be their
path thereafter, and how long would it take to complete the proc-
ess?
Mr. SHAW. That could involve one of two paths, Senator.
The first path that we would encourage-in placing a detainer
on that person and in interviewing him, we would hope that he
would not seek any waiver under the law; that, as a convicted felon
amenable to deportation, he would accept an expedited hearing
process, and we would take him before a judge when he is avail-
able. And that is one of the pilots set up in New York, and it is
functioning, one at Fishkill and one at Riker's Island. That would
be the best of all worlds.
Senator D'AMATO. You are not yet pursuing that?
Mr. SHAW. Yes, we are, State by State.
The worst case scenario is that, under the provisions of the Im-
migration and Nationality Act, if the person has been in the
United States and has gained permanent residence or has been
here for 7 years, regardless of a Federal conviction or a felony con-
viction at the State level, he can seek a waiver of that, he can ask
for a hearing, and that hearing process can be protracted. Judge
Robey is seeking clean cases.
Our ability to expedite people through that process depends upon
their ability to accept a waiver of their rights under the law. If
they wish, they can protract the process for up to two years.
I think there are 52 administrative law judges who-let me cor-
rect that. There are 52 hearing officers or immigration judges who
handle all of the criminal alien removal cases.







Senator GRAHAM. How many cases do you average per year?
Mr. SHAW. I am going to have to research that, Senator Graham,
because the institutional hearing process is not under the control
of the Immigration and Naturalization Service.
As far as the Executive Office of Immigration's review, I can
only tell you the inputs into that system and then how many are
quickly expedited through. And that is exactly the process that we
are trying to institute and to measure the trickle out the other end.
Hopefully we can expand that trickle.
Last year, we completed 18,000 criminal alien cases, which
means that we identified and presented into the hearing process
18,000 aliens who were, under the law, amenable to deportation,
and that was 10,000 person increase over the year before.
I will also tell you that part of our problem in the Immigration
and Naturalization Service is that we have taken a plethora of leg-
islation which the Congress has given us under two major bills in
1986, and we are embarking upon a course of trying to implement
those provisions all at once.
We had something called "employer sanctions" as the center-
piece of immigrational form legislation. We have a focus upon get-
ting a better hand upon incarcerated aliens and seeking to work
with the Executive Office of Immigration on the expedited hearing
process.
We have a major role to play now in connection with the narcot-
ics defenders, in early identification and in tracking them through
the system, and it is not easy to set up an automated system within
a year in any Federal agency, and certainly not in the Immigration
and Naturalization Service.
We are in the process of instituting that as the system's pilot,
relative to the Akerman amendment, so that we can track more ef-
fectively and coordinate our hearing process with the State release
date of those felons.
One of the other things that we are embarked upon, of course, is
coming in belatedly as a full partner in the task force operations.
Because of the language capability, the knowledge of the alien com-
munity that the immigration agents bring with them-this is to
correct a major misunderstanding on the part of most Americans,
and perhaps even some Members of the Senate, which is that the
Immigration Service's enforcement responsibilities do not end at
the border; that it is not simply a thin green line out there; that
something happens when the aliens penetrate that line, either as
legal entrants when they overstay, or as aliens who come here and
break our laws, and who should forfeit their rights under the law.
It then falls into our purview, within the Investigations Division,
and there is a whole criminal justice system, if you will, which is
called the administrative review process, in addition to the local
criminal justice system.
Senator D'Amato and Senator DeConcini have addressed various
provisions of that in the Anti-Drug Abuse Act of 1988.
We submitted extensive comments on those expedited deporta-
tion provisions.
I would harken back to some pending legislation which Senator
Chiles has recommended, and which we think avoids some of the
civil liberties complications and some of the perhaps more draconi-








an measures in these specific provisions proposed in the pending
legislation. And Senator Chiles has looked for loopholes in the ex-
isting law that would allow for Immigration and Naturalization
Service to get a better handle on criminal aliens, on convicted of-
fenders, on re-entrants after previous deportation, or against aliens
who have absconded from the present process, and getting those
warrants that we have issued into the Bureau's NCIC inlets data
base. We are not to date.
Those I reference are S. 972, S. 973, S. 974 and S. 985, and there
is companion legislation that has been introduced by Congressman
Lawrence J. Smith of Florida in the House. And I think those
bodies, or those particular bills, would address the concerns that
you two Senators have raised here today.
It is a quagmire, and we are trying to address that quagmire.
And I think Judge Robey has shown himself to be more flexible,
because he is trying to implement the same provisions of the law
by statute that we are trying to implement. And I think there is
more cohesion and exchange of information, but it is by no means
a perfect system.
Senator GRAHAM. I think Senator D'Amato might want to pursue
further the issue of incarcerated illegal alien felons, but I would
like to go back to the first two points, and one if the national who
is legally in this country and has a visa issued by the United
States, and who is considered by law enforcement to be using that
legal presence in the United States for illegal purpose, in this case
involving drug trafficking.
Mr. Shaw has referred to the need for close intelligence linkages
with State and local law enforcement. Would any of the represent-
atives of the local or State law enforcement agencies be able to
comment as to how effective you think we are in identifying those
persons who were in the country legally and who are using that
legal presence for a drug or other illicit purpose?
Mr. LANFERSIEK. I will take that for a moment, Senator.
The Department of Law Enforcement in early April, as I set out
in my synopsis, of 1986, began an in-depth intelligence gathering
process about the crack cocaine.
Much was being said in the law enforcement communities about
the American street gangs, such as the Miami Boys, being the
center of attention for crack cocaine. But we quickly discovered, in
talking with other law enforcement agencies, that it was not.
We discovered that the Haitians had quickly taken over this lu-
crative business, and we then asked for some help from the Immi-
gration and Naturalization Service in ways that we could deter-
mine how these people were bypassing our systems of identifica-
tion.
We found that, on many occasions-I cannot remember the form
number, but it is basically a temporary or probationary type of
green card that was being bootlegged, so to speak, and along with a
sworn affidavit from an agricultural person that these people
needed a driver's license to operate farm machinery, for example,
they were walking into our driver's license bureaus and acquiring
a driver's license, which meant that they then had a permanent
piece of Florida identification.








It was with the help of the Immigration and Naturalization Serv-
ice out of Tampa-I believe that his name is Fernandez, but I am
not sure that we were able to convince the Department of Motor
Vehicles and VHSMB that we had to tighten loopholes, which we
have done.
Mr. SHAW. That is right.
Mr. LANFERSIEK. We have had great success in after-arrest con-
tact with the Immigration and Naturalization Service, but I think
they are like everybody else, that they do not have the support per-
sonnel to be there with us in the field all the time.
After we had made some arrests and gotten people in jail, I per-
sonally have had good response from it.
We have a situation in Fort Pierce right now where we are plan-
ning to go to trial on the 1st of June, next month, on an oral inter-
cept. We feel certain that just as soon as our convictions are upheld
and these people are passed through our system, the Immigration
and Naturalization Service is going to be there to take them out of
the country.
Mr. SHAW. Let me comment, and compliment as well, a little bit
on the program that I believe the officer is referring to, and that is
the Special Agricultural Workers' Program, which was a rider or a
part of the Immigration Reform and Control Act, and which was
put in specifically to address agricultural concerns relative to per-
ishable crops.
We have currently about 220 investigations going that relate to
that program alone, investigations of suspected fraud. Of 107,000
applications processed to date-I think the law allows for 900,000-
of the 107,000 processed to date, 10,000 have been rejected up until
now as being fraudulent on their faces and, in addition, we have
had task forces in South Florida not terribly successful, and more
recently in Charlotte.
Throughout the country, we have investigations of another 220
in number focusing on facilitators, arrangers, and document ven-
dors-not individual applicants-that feast on that particular pro-
gram because the degree of certification is only 90 days in some
forms of agriculture, so that is a separate problem from the narcot-
ics, that is a problem of aliens picking up quickly on this loose
system of documentation in the United States, part of which in-
volves the Immigration and Naturalization Service, the type of doc-
uments it is using in authorizing work while certain applications
for benefits under the law are being processed.
We have lived in Florida with some of the horrors committed in
the past on the type of documents and the lack of control over
those documents that we have issued as a service.
Senator GRAHAM. Agricultural documentation is one specific
issue but the kinds of people who were described by the first panel
as being here in Miami, and allegedly involved in drug trafficking,
do not strike me as being the kinds of people who would have
gotten here under agricultural documents.
Mr. SHAW. Senator Graham, the law requires a conviction, and
usually those convictions for the offenses committed are at the
State and local level. And the Immigration and Naturalization
Service depends very much upon the local criminal justice system.








Senator GRAHAM. Do you mean that if, for instance, Chief Dick-
son were to give you some credible information that there was an
individual in the city of Miami who was involved in drug traffick-
ing, and who was here legally, and who held a visa issued by, in
this case, our Embassy in Port au Prince, there would not be a pro-
cedure under which that person's right to be in the United States
could not be terminated?
Mr. SHAW. Absolutely. And that would be a matter for us to
pursue.
That is a violation of not only immigration law but, because the
Immigration and Naturalization Service has clearly responsibilities
for narcotic offenses and for identifying narcotics offenders, that
would clearly be a matter that we would have to investigate with
limited resources. I am talking about two different situations.
One is where we are trying to track a population of incarcerated
felons who are easier to remove, and-
Senator GRAHAM. I am trying to separate-
Mr. SHAW. I understand.
Senator GRAHAM [continuing]. What I think are three different
categories of problems here.
Mr. SHAW. I understand.
Senator GRAHAM. Right now, I am focusing on those people who
have a document that indicates that they have a legal right to be
in the United States, and where the appropriate law enforcement
agency has information that they are using their legal presence for
illicit purposes.
I wonder whether any of the three law enforcement representa-
tives could comment on any experiences that they have had in that
connection and what those experiences might have been, or how
successful they might have been.
Chief DICKSON. Senator, we have not, to my knowledge, had any
personal experience in arresting the Haitian drug traffickers and
having them successfully deported or even removed from society.
I think that the problem of drug trafficking among the Haitian
communities is not given enough importance because we just do
not know how involved it is because of the language barrier that
exists between the law enforcement agencies that investigate these
kinds of crimes and the people who are being arrested.
Usually, the arrest almost ends the investigation, and there is
little further followup beyond what we are discussing now, such as
whether or not the person is an illegal alien, but to investigate the
administrative aspect of the business of the drug traffickers and
higher connections, but the language barrier has often been the
greatest barrier to further any successful investigation.
Very few people speak the language of the Haitians, and it is,
besides being a very difficult language, not a written language. But
I think the problem is much larger than what most law enforce-
ment people envision, and I think it needs to be dealt with now.
It is not as big as the Jamaican drug problem, but it can get
there. And I think the time is ripe right now to deal with it so that
it will take, as Mr. Shaw said, the resources or manpower which is
a problem for all of us.
At the present time, I believe that working smart, along with
working hard, is what we have to do.








As a result of this meeting today, I will certainly pursue-I am
very happy to hear the Immigration and Naturalization Service
say that they will pursue those kinds of drug offenders, those high-
level drug offenders, who can be identified by the local law enforce-
ment agencies, because that will make the hundreds of hours that
we take to investigate these people worthwhile, because we know
that we can connect with the Immigration and Naturalization
Service at the early stages of investigation and keep them abreast
right on through until they finally say, "Okay, we have got
enough." And that will be time well spent, and we will certainly be
happy to do that.
Senator GRAHAM. Would either of the other two law enforcement
persons have any comments to make on the question of this foreign
national who is legally in the United States, and upon whom there
is information that they are engaged in illicit activities, such as
drug trafficking?
Captain STEWART. Well, Senator Graham, the way it has oc-
curred in central Florida is that, once that person has been arrest-
ed and he bonds out, he absconds and goes to another area and
says that he works for Farmer Jones and he signs that statement.
He does not go through a judicial process, having never been con-
victed, he never goes through that and--
Mr. LANFERSIEK. Senator Graham, excuse me, please.
In an investigation that we recently had, we tracked our case
target who was here on a temporary.
He had married an American, and he and two other co-conspira-
tors in the investigation, along with his wife, flew from Melbourne,
FL, to Quebec. And they went to our Embassy there and attempted
to expedite his permanent status. Not utilizing our Embassy in
Port au Prince or the channels here, he went into Canada.
So many of them will go into Canada and attempt to enter from
Canada into the United States to show their permanent status,
even though we have been investigating them.
This man was the subject of an all-intercept, and he left and
went to Canada and attempted to show that he was coming in from
Canada. These are the loopholes that we are confronted with once
they are already in the country.
The people that Customs and the DEA representatives were
speaking about are the persons who basically get directly into our
country from Haiti, and we are then having to deal with what they
do not get. We are dealing with their aftermath, so to speak.
Senator GRAHAM. Before I turn to Senator D'Amato for ques-
tions, I would like to go to the second item, which is the person
who is here illegally and who is found to have committed a felony.
Captain Malone, you discussed in detail how that case is likely to
be handled. And I wonder whether Mr. Dickson, Mr. Lanfersiek or
Mr. Shaw have any further comments on the category of the illegal
alien who commits a felony.
Mr. LANFERSIEK. I have a chart here, Senator, that I can show
you momentarily, and I might add that this was made for a jury
visual aid, and not for anything like this, and it was made to show
to an organization. [Setting up chart on easel.]
A number of these people, as you can see, were fugitives, because
they were in the country illegally. But before we could identify








them as being here illegally, they were afforded the opportunity to
make bond and they were gone. A few of the persons here were ar-
rested and-
Senator D'AMATO. Could you just take one of those individuals
and go on through with him?
Mr. LANFERSIEK. All right. Let us take this person right here,
Rodnes Gurrier.
As I mentioned before, he was tracked to Quebec, along with this
gentleman right here, Joseph Guy Bain.
They were both arrested as a result of an oral intercept in Fort
Pierce and Miami, about a $200,000 per week crack cocaine oper-
ation. He immediately made bond and he was gone, and he is a fu-
gitive, but we feel as though he is back in Haiti.
He might have returned to the United States illegally again, but
we do not know, and until he surfaces-as Captain Stewart has
said, until he surfaces again in another investigation, we have no
way of knowing.
These people-Margaret Louissaint and Jean Paul Solon-were
arrested but, prior to their being bonded out, the Immigration and
Naturalization Service stepped in and took custody of them.
Where they are now, I do not know. But the last that we knew,
they were in Krome. But Krome has been closed down since that
time.
We were able to identify them as being in the country illegally
before they bonded out, but that is the problem that we usually
have, that they cannot make bond and they are gone.
If we cannot get the courts to set high enough bonds, that is also
a problem.
Senator GRAHAM. If I may ask this question. We now have a
person who is in detention, and he or she is having a bond hearing
based upon whatever the specific charge is that has been filed, the
criminal violation, and he or she is now known to be an illegal
alien.
What independent action, administrative or judicial, is taken rel-
ative to their illegal alien status concurrent with their status as a
person being held for having allegedly committed a criminal act?
Mr. LANFERSIEK. We have to follow the course of attempting to
show the courts that this person will flee, that this person is not a
bondable risk, and either one of two things happens. Either the
bond is set higher or--
Senator GRAHAM. Yes. But you have got to be there at the time.
Is there anything beyond what you would do with a U.S. citizen
that is done with an illegal alien who is charged with the same
criminal offense?
Mr. LANFERSIEK. We would attempt to show, if there were any
evidence gathered upon their arrest, for example, that this person
is an illegal alien and that he would flee, and we would ask for the
help of the Immigration and Naturalization Service.
Senator GRAHAM. Is a representative of the Immigration and
Naturalization Service present at the time when this first bond
hearing takes place?
Mr. LANFERSIEK. Not usually, no, sir.








Senator GRAHAM. Is that a matter of policy or a matter of re-
sources, why no one from the Immigration and Naturalization
Service is present at the initial hearing?
Mr. SHAW. It is probably a combination of both, Senator.
There is an allegation, and the person is accused of having com-
mitted a crime, and he is arrested. However, he is not convicted of
anything at that time, and he is within a local jurisdiction, or it
could even be a Federal jurisdiction, and-
Senator GRAHAM. But there is no question, or that is what I am
assuming in my hypothetical, that the person is an illegal alien.
Whether he has committed a drug offense is yet to be adjudicat-
ed but there is no question that he is here in this country illegally.
Is that not of concern to the Immigration and Naturalization
Service?
Mr. SHAW. If the Immigration and Naturalization Service were
able to respond to all of those courts in the United States and to
take that person into custody because he was a suspected offender
involving a narcotic violation with possible felony implications-if
the Immigration and Naturalization Service were to take charge,
he would have to take him before an immigration judge who would
then make a bond determination based upon two requirements of
considerations, whether he had ties to the community or would be
likely to flee, and Immigration and Naturalization's investigations
would have to establish that proof, or whether he would be likely
to commit a violent act and, therefore, be a threat to the communi-
ty.
Those would be the considerations, and the judge would probably
knock down the recommended bond and release him either on his
own recognizance or on a low bond pending local disposition or
pending the determination of his alien status at an immigration
hearing.
He might have been married to an American, or he might have
relatives in the United States.
There are a number of things that could gain him equity under
the Immigration and Nationality Act, and that would have to be
adjudicated in an immigration review hearing. There is no summa-
ry deportation.
Senator D'AMATO. Obviously, as a drug dealer, he would take the
summary deportation and come right back in, so it would just be a
catch 22.
Mr. SHAW. That is one of Senator Chiles' provisions. If we can
catch those guys coming back in, and if we can identify them with
a different set of identification documents and nail them, and give
them a mandatory 15 or 10 years as opposed to the circular proc-
ess.
If they're in an organized drug activity, they just get another set
of identity documents and come right back in and bypass the in-
spection system or process. That is the worst case scenario.
We will work with the other Federal agencies, as well as with
the State and locals.
We believe that there are about 42,000 convicted aliens in vari-
ous Federal and State institutions throughout the United States,
which is based upon a survey that we did in 1986, and many of
them have not been served with detainers, and many of them are








unknown to the Immigration and Naturalization Service but, based
upon a crash review of State records, we identified 42,000 alien con-
victs who are incarcerated and who should be brought into the ad-
ministrative review process. It is that population that we are
trying to handle through the institutional hearing process, to at
least get a handle so that those guys do not hit the street and go
right back into new criminal activities. It is a tough system.
Senator GRAHAM. Are there any other comments on the second
category, the illegal alien who is alleged to have committed a
felony?
If not-Senator D'Amato.
Senator D'AMATO. Mr. Chairman, I am going to keep my ques-
tions brief in view of the time, but I want to commend the panel,
and I want to compliment Mr. Shaw certainly for his spirit, vigor
and determination to try to do something. However, unfortunately,
I do not think he is getting some of the cooperation that he should
from some of the upper echelons who are missing the point. They
are not giving him the resources necessary so that he and his
people could be more effective in their work with the local activi-
ties and the State task forces. I think we are missing the boat.
I said it before in New York, and I will say it again down here. I
am not suggesting to you that we in the Congress-as far as the
issues of the illegal worker and employer sanctions-we advocate
that. But that pales in comparison, Mr. Chairman, with the crimi-
nal alien problems, the networks that have been established and
the criminal enterprises that they have been encouraged to come
into.
As Special Agent Lanfersiek pointed out, they know how to beat
the system and, more often than not, they will beat the system. It
takes a number of arrests before they ever get held or are identi-
fied in such a manner as to get an adequate bond set.
It is very, very distressing, and I consider it to be a far more
pressing problem, the criminal alien who is engaged in drug enter-
prises, as well as other very violent activities.
I have been impressed, Mr. Chairman, and I want to commend
you because I think a great deal of this came about while you were
Governor, putting together this task force of Federal, State, and
local people, and I think it is necessary throughout our Nation.
I would also like to commend Chief Dickson.
Chief, I followed your emphasis on the sting operations, and Cap-
tain Stewart referred to his recent efforts in relationship to that.
Could you give us some kind of a profile, first on the buyer, and
then on what you have seen coming out of that, and then on how
effective it has been, and then whether we could expand on it or
what you would recommend?
Chief DICKSON. Over the past 2/2 years, Senator, we did arrest
over 5,000 people buying drugs, which we-out of those 5,000, we
have had about 40 repeat arrests.
The rest have not come back to us yet, and that is a good sign
that there is some deterrent effect there or that they have gone to
some other place, probably both. I am sure that it is both. We rely
upon the rehabilitative effect of an arrest of someone who has
never been arrested before.








The user who is employed, and who has never been arrested
before, and who is walking a gray line between total addiction and
the loss of society and/or being shocked back into the real world-
the arrest does do that for some, the traumatic effect of being ar-
rested, the traumatic effect of fear of the loss of a job, and the ex-
posure to society and embarrassment to their family, and all of
those things happen to the person who is being arrested for the
first time.
Senator D'AMATO. Chief, do you seize their cars?
Chief DICKSON. We do when the transaction takes place with the
use of their vehicle.
Senator D'AMATO. Do you sell that vehicle if they plead guilty?
Chief DICKSON. We start litigation right away to seize the vehi-
cle, and once we get the vehicle-and we have been successful in
every case so far where we set out in a good case-we either use
that car to fight drugs or we sell it and place the money into the
law enforcement trust fund to fight crime.
We have seized over 2,000 vehicles during that period of time.
The people who are arrested are anywhere from white collar to
blue collar to professionals, teachers, engineers, There are the un-
employed and the drug addicts, all kinds of people. There are the
old and the young, all kinds of people.
Senator D'AMATO. I think, Mr. Chairman, that it is a focus that
politically may have a lot of potential.
It is a real hot spot, but if we do not begin to discourage the use
of drugs-some kinds of civil penalties or society's condemnation of
the user-we are not going to win this.
We could double, triple, or quadruple all of the forces. We could
use the military and have some of the toughest laws, but that is
not the way to win it. It has to be with prevention, education and
rehabilitation. Let me touch on rehabilitation.
I think Captain Stewart talked about how all they think about is
getting back to the crack house, getting back out on the street so
that they can get more.
What about drug treatment in our penal systems, testing before
release because they are getting drugs in the prisons in so many
cases.
Captain STEWART. You are talking about a lack of resources, and
you are talking about society itself, the entire system fully not ac-
cepting the phenomenon that crack is.
It is different from heroin or marijuana in that there is the insa-
tiable desire, and just abstinence from it is not known to be a cure.
There will be the shock factor, as Chief Dickson said, for some.
In Orlando, we have some people crying when they are arrested.
They call the van that comes back to pick them up the rescue, and
they want help and, of course, in any sort of rehabilitation, you
have got to want help for it to be successful.
In Orlando, FL, if you have a 12-year old child and no insurance,
you cannot get any free rehabilitation if he is addicted to crack co-
caine, and we need to have strong emphasis put on that, that wher-
ever the money comes from, it has got to be there.
Arrests cannot continue year after year to double, triple and
quadruple, because that is not the answer.








Senator D'AMATO. Captain, I take it in your statement-this is
the second or third time-that you have made a very clear distinc-
tion as it relates to the addictive propensities of drugs and you
have identified crack as being far more addictive and one with
which the user becomes an addict and rarely breaks that addiction.
Captain STEWART. Well, I have been a law enforcement officer
for 13 years, and, during 8 of those years, I have been involved in
vice and narcotics, and I have gone through the trends of heroin
and all of them, and I can only describe this as being far worse.
Senator D'AMATO. It is the worst?
Captain STEWART. It is the worst. Yes, sir.
Senator D'AMATO. Chief?
Chief DICKSON. Without a doubt, crack is the most addictive drug
out there, and it acts very quickly as well, and it does not take a
lengthy or sustained period of time to become addicted to crack.
And, in fact, one can become addicted to crack over a 2-week period
of use.
Senator D'AMATO. Mr. Lanfersiek.
Mr. LANFERSIEK. I agree with both of their statements. And one
of the saddest things that goes hand in hand with it is that it has
become one of the cheapest.
Senator D'AMATO. We have not begun any rehabilitation, we
have not done anything in our prisons, or before we let people out
on parole or early release, testing for drugs in the urine.
You have a criminal addict, a person who is already committing
crimes, wanting an early release. We do not provide any rehabilita-
tion for the addicts who need and want help.
It is like a one-sided war, and now there are people saying legal-
ize it. It is a big debate, the issue of legalization.
What are your thoughts? Anybody.
Captain STEWART. From what I have observed, Senator, over the
last 3 years, referring back to crack, what you are looking at with
crack use is complete emaciation, and the only thing that I can
think of to compare it with is a Jewish POW camp.
With these people, the only thing left is the head. The hygiene
goes; there is no desire for food; there is no desire for sex. If you
were to just give it away, you would just have masses of people
dying.
Senator D'AMATO. What would happen in the poorer communi-
ties if you were to legalize drugs, genocide?
I called it genocide. Is that a good word?
Chief DICKSON. That is a good description of exactly what legal-
ization would do to the poor communities, especially the ghetto. I
would be totally against legalization.
I think we have not done the very best we can in the war on
drugs. And now crack cocaine is the main weapon in the war on
drugs which is being used against our country, and we have not
done the best we can.
There are a lot more innovative and imaginative approaches that
we have not yet used, and as we come together with our resources,
I believe that we are developing at this time a better approach as
we are looking at the demand side of this affair, as well as the
supply side. The demand side has been neglected for years. We
have never really helped the demand side.






53
I believe that Americans are beginning to look at the demand
side now, and that, with the innovations, resources and intelligence
that we have here, we will be able to help the demand side.
Senator D'AMATO. Mr. Shaw?
Mr. SHAW. I cannot address the narcotic or addiction qualities of
crack, Senator D'Amato.
Senator D'AMATO. What about legalization?
Mr. SHAW. That falls into the same category as the opening of
the borders. If we cannot control our borders, let all of the free-
dom-loving people of the world send whomever they will.
It just does not work that way, and narcotics is part of that same
process, trying to strike a delicate balance with reasonable applica-
tion and enforcement efforts-open borders and maintain an open
system of democracy versus reasonable law enforcement controls.
I do not see legalization as a solution. I see that as part of going
down a permissive path that may lead to self-destruction.
I would like to enter one bright note, and that is, from Immigra-
tion's perspective, from my program's perspective, I started out this
fiscal year with 690 officers nationwide, and by the end of fiscal
year 1988, I will have 1,350 special agents. At least that is a dou-
bling of our ability to respond to some of the questions raised here
today.
In addition, we have some automated files underway, which we
would like to expand as rapidly as we can beyond four cities and to
each of our districts, and that would tie the Immigration and Natu-
ralization Service in more closely to the local criminal justice proc-
esses, to give local officers feedback, as well as to handle their re-
ferrals to us with this whole problem of identifying and tracking
criminal aliens in our society.
I think we are on the right path, but it is going to take us some
time to perfect our act.
Senator D'AMATO. Mr. Lanfersiek?
Mr. LANFERSIEK. On legalization?
Senator D'AMATO. Right.
Mr. LANFERSIEK. That would be one of the worst things that we
could ever do.
If we have a problem that we cannot control and we merely give
up on it, we are giving up on everything that we fought for years
and years to have.
For so long in law enforcement, when you come together on task
forces to work on joint operations, there are always petty differ-
ences and bickering, but when we started this, I think the law en-
forcement community recognized that this is one of the world's
worst problems that we have ever run into.
There is not only the drug addiction program, but there are also
the related problems that go along with it-the robberies, the mur-
ders and the burglaries.
When the Department of Law Enforcement needed Creole moni-
tors, I think there was one phone call made to the chief over there,
and we got a couple of his people and we got some people from
Metro Dade, and we got a couple of people from the State attor-
ney's office-no questions asked.
Generally, there are a lot of problems with things like that, but
we removed those people from their own enforcement area and








took them to another enforcement area, and they worked for us-
no questions asked.
This is the kind of cooperation that we know that this problem
really needs.
Senator D'AMATO. Thank you, Mr. Chairman.
Senator GRAHAM. Thank you, Senator.
This has been such an informative and insightful session that I
wish we could go on. But, as I said earlier to the first panel, I ap-
preciate the fact that you have shared your Saturday with us. And
I thank you very much for the special efforts that you all have
made.
I have sometimes described my old job and my new job as the
difference between being the quarterback down on the field and
the athletic director up in the air-conditioned box.
I think sometimes those of us who are in the air-conditioned
boxes need to get down on the field with people like you who deal
with the reality of these problems, where it takes on a sense of
flesh and blood and urgency that you have certainly all given to it
today.
I thank you very much for your contributions.
If there are no further questions, we thank you very much. And
the hearing is adjourned.
[Whereupon, at 1:30 p.m., the committee adjourned, subject to
the call of the Chair.]

O


95-655 (64)