
Report on Business Magazine
REORGANIZED crime
Friday, September 26, 2008
Our Mafia and Hells Angels have grown in a nice, co-operative
Canadian way. Now, big-time crime is run so much like a business
that the boundary between legit and crooked is beginning to blur
Bruce Livesey
John Xanthoudakis's introduction to the intimate connection between
conventional business and criminal business came in the form of
brass knuckles. Late on a Friday afternoon in November, 2005,
the investment banker arrived at a law office in Place Ville Marie
in downtown Montreal. Xanthoudakis was the former CEO of a $1-billion
hedge-fund firm, Norshield Financial Group. It was a dire time
for Xanthoudakis: Norshield had collapsed a few months earlier,
with more than $400 million of investors' money lost. Even his
own palatial house in Laval had been seized.
Xanthoudakis had come to the law firm for a meeting with some
investors, who turned out to be three lieutenants of Montreal's
notorious Rizzuto crime family. The three men got down to business
quickly, demanding Xanthoudakis make good on the $5 million the
Rizzutos had apparently lost in Norshield's meltdown.
"We represent a group of people who aren't very happy,"
the largest of the men told Xanthoudakis. "As a matter of
fact, they are very unhappy and their unhappiness makes me very,
very unhappy."
To drive home the point, "one guy sneaked behind John and
whacked him," relates Montreal businessman William Urseth,
a friend of Xanthoudakis's. "There was blood all over the
room." The brass knuckles snagged Xanthoudakis just above
his right eye, leaving a gash.
There was nothing complicated in the assault--the Rizzutos simply
wanted their money back. The incident is unusual only in that
it has become public. Countless points of contact exist between
the legitimate business world and organized crime. "If you
look closely, you will see there are distinctions in the underworld
that reflect crudely the distinctions in the upper world,"
says Diego Gambetta, an Oxford University sociologist and expert
on the Mafia. "[The Mafia] wouldn't have lasted 150 years
if they had been just a gang of extortionists. They served the
interests of various portions of the business world."
The pattern is reflected in the case of the Rizzutos. Led by
Nicolò Rizzuto and his son Vito--with Vito acting as CEO
and front man, and his father and a close-knit group of top lieutenants
functioning as senior management--this crime family began infiltrating
the business community decades ago. "These are guys who think
globally and make full use of global financial markets,"
says Lee Lamothe, a Toronto journalist who co-authored a book
on the Rizzutos, The Sixth Family. "They use lawyers and
sharp accountants, and weaknesses in stock market regulation,
and are able to get the money they need to do deals."
Today, the Rizzuto leadership is mostly behind bars. Sixty-two-year-old
Vito is languishing in a prison in Colorado for participating
in the 1981 gangland slaying of three fellow mobsters, while his
84-year-old father and 90 of their street bosses and soldiers
were swept up two years ago in an RCMP-led crackdown called Projet
Colisée. Facing roughly 1,000 charges for drug importing,
extortion, gangsterism and bookmaking, the Rizzuto gang are slated
to go to trial this fall.
The trial, if it proceeds, will inevitably underline how organized
crime can simply be commerce of a different hue, involving the
same sorts of challenges with personnel and competition that legitimate
businesses face. Carlo Morselli, a criminologist at the Université
de Montréal, believes that successful gangsters require
exceptional business skills. They work on a tightrope of alternately
competing against, and working with, their rivals, while agreeing
to deals that can't be enforced by law. Not to mention risking
everything at the hands of the police. "The only difference
between them and real businessmen is there's no room for error,"
says Pierre Boucher, a lieutenant with the Sûreté
du Québec who has investigated organized crime for many
years. Actually, there's one other difference. "You can kill
your competition."
More important than the resemblance between the two spheres is
the way the border between the two is blurring. While dollar sums
are impossible to compile, police sources and other evidence suggest
organized crime is growing in Canada, and increasingly bleeding
into the legitimate economy. The old stereotypes of greasy goombahs
and bikers is being supplanted by profit-minded professionals
with top legal help. And Canada, with its porous borders, proximity
to the U.S. market, and light sentences for criminal activity,
is considered by police to be a haven for organized crime.
Internationally, annual revenues generated by organized crime
exceed $800 billion (U.S.)--up dramatically from $595 billion
(U.S.) in 2001--according to estimates by Friedrich Schneider,
an economist at the Johannes Kepler University of Linz in Austria.
Estimates of the portion of the GDP controlled by organized crime
reach as high as 13.1% in Italy and, startlingly, 11% in the U.S.
As for Canada, the International Monetary Fund suggests that money
laundering alone accounts for between 2% to 5% of GDP--or somewhere
between $30 billion and $77 billion. Nationwide narcotics sales
may be as high as $40 billion a year--as much as our domestic
mining production--or even higher. In B.C., as much as 5% of GDP
is estimated to stem from marijuana production.
So why is organized crime prospering? "It's because of income
distribution" and the potential for easy money, says Schneider,
who observes that the growing chasm between rich and poor is driving
the world's indigent toward crime out of necessity. In countries
like Colombia, Mexico, Russia, Brazil and Italy, criminal syndicates
and drug cartels control swaths of both the real economy and the
state, creating, in extreme cases like Colombia, anarchic narco-nations.
Another factor may be the celebration of bikers and mobsters
in North American popular culture. Canada, however, is different
from the U.S. Our criminals are often less inclined to violence,
and more toward co-operation with their rivals.
Money made in the criminal milieu travels various paths. But
the general pattern in narcotics--the bedrock criminal commodity--begins
with importers, who supply networks of distributors. The money
earned by the importers and retailers then flows to bankers and
lawyers who launder the loot in the mainstream economy.
The Importer
The Rizzuto organization extends across Canada, into the U.S.
and as afar afield as Latin America, Italy and the banking havens
of Switzerland and Liechtenstein. "These guys are so sophisticated
it's unfuckingbelievable!" exclaims Salvatore (Big Sal) Miciotta,
a former capo and hitman with the Colombos, one of New York's
five Mafia families. "Because you're talking about big, big,
gigantic money here....They have the gross income of small countries.
They are able to sway bond markets, that's how big they are."
While Miciotta may be exaggerating their wealth and ability to
influence markets, it's undeniable the Rizzutos created an awe-inducing
cash machine. Police say their bookmaking operations in Montreal,
Toronto and Ottawa alone did from $500 million to $1 billion in
business in one 11-month period in 2005. And that, of course,
is only a sideline to the narcotics business. The family is so
affluent that Italian authorities claim that in 2005 the Rizzutos
were assembling a consortium for the purpose of laundering money
via a $7-billion bridge that was to join Sicily to mainland Italy
(the money would likely have been laundered through construction
companies).
"Vito was involved in everything," says André
Cedilot, a veteran journalist at La Presse in Montreal who has
followed the Rizzutos' fortunes for years. "He's a co-ordinator,
a referee....He received a commission for everything."
Before his incarceration, Vito Rizzuto's days were spent doing
what other businessmen do--taking meetings. He tended to get up
late at his Tudor-style mansion located on "Mafia row,"
a secluded street on the north side of the Island of Montreal.
It was grand accommodation for someone who was registered for
a time as an employee of a funeral home, and later on as a vice-president
of a construction company that had sales of all of $34,032 in
2003. Vito's father, Nicolò, who lived two doors down,
was officially a pensioner living off $26,574 worth of old-age
security and investment income, although he had a condominium
in Milan, $5.2 million in Swiss bank accounts, an estimated $1.8
million in blue-chip stocks, and a 1987 Jaguar XJ12 and a 2001
Mercedes E430 in his driveway.
Upon leaving home, Vito would always be on the move (he maintained
a Lincoln, a Mercedes-Benz, a Jaguar and more than one Corvette).
Often he headed to one of the better golf courses in the area
to meet colleagues. Otherwise, he visited cafés, restaurants,
nightclubs and bars. A favourite spot was the quiet corner of
a raucous nightclub. Vito spoke to people individually, mouths
pressed close to ears, his bodyguard Lorenzo Giordano keeping
watch on who was coming and going.
These meetings had many purposes, but importing drugs was the
key one. A typical deal might involve ordering a shipment of cocaine
into Canada through Rizzuto's Colombian contacts. "He was
the only one who had those type of connections," says Normand
Brisebois, a former debt collector and the bodyguard of one of
Vito's mistresses. Rizzuto might meet with members of the West
End Gang--which controlled the passage of drugs through Montreal's
port--or the Hells Angels, to see if they were interested in investing
in his shipment. "They would make a joint venture,"
says Cédilot.
A document filed in court describes how the business allegedly
worked. Once an order was made, the drugs would be sent from Colombia
to a country like Haiti or Jamaica. From there, the Rizzutos would
arrange importation via the Pierre Elliott Trudeau International
Airport in Montreal. At each point in the process, the legitimate
economy had to be twisted to the drug trade's purposes. The Rizzutos'
contacts in Jamaica would hide the drugs in containers or baggage
with secret compartments, or in the ceilings of planes. Or couriers
would bring it in for $500 per kilo. Having corrupted airline
employees, baggage handlers, customs officials and staff of transport
companies working at the Montreal airport, the Rizzutos knew drugs
would arrive and be delivered safely.
Like mainstream business, crime is globalized. Central to their
success as importers were the Rizzutos' international connections.
They worked with both the Sicilian and Calabrian Mafias, the Caruana-Cuntrera
crime syndicate (which branched out from Sicily to Canada and
South America), Colombian drug cartels and the five Mafia families
of New York, in particular the Bonannos and Gambinos. These relationships
were exposed last October when Italian authorities announced they'd
uncovered a money-laundering and drug-smuggling scheme involving
a Rome-based company called Made in Italy Inc. Ostensibly a company
that was promoting Italian wares internationally, Made in Italy
was headquartered across the Rome street from where the Italian
cabinet meets; the head of the company had political ambitions.
The Italian police claim Made in Italy is a front for laundering
$600 million in drug profits through Swiss bank accounts. Vito
Rizzuto was caught on wiretaps from his U.S. prison cell talking
to the head of Made in Italy, which was shipping cocaine from
Venezuela to Canada and then on to Italy. In total, 19 people,
including bankers, stockbrokers and other businesspeople who helped
with laundering cash, were arrested. Two bank workers in the Veneto
area in northern Italy were allegedly responsible for depositing
huge quantities of drug money into two Swiss bank accounts.
As the case of Norshield showed, the Rizzutos' contacts in the
business world were widespread.
- In the '80s, Vito controlled Penway Explorers Ltd., a junior
resource company listed on the Alberta Stock Exchange that was
used in a pump-and-dump scam. Vito was forced to pay a hefty tax
bill on his profits of $1.4 million from Penway.
- When Vito was arrested for impaired driving in 2002, he was
behind the wheel of a Jeep Grand Cherokee that belonged to the
director of the Quebec division of OMG Media Inc. OMG was an Ontario
garbage recycling company that, after extensive lobbying, landed
a contract with Toronto city council to place advertising-laden
recycling bins on city streets.
- Police have tied Rizzuto associates to Financement Malts Inc.,
a Laval-based loan and mortgage company that police say was the
centre of a money laundering web. Police allege that Rizzuto associate
Francesco del Balso funnelled money through nine Montreal-area
companies, including sports bars, car leasing companies and two
supermarkets. A lawyer who represented Malts also sits on the
municipality of Laval's executive committee.
Vito Rizzuto's style of business was a striking contrast to flamboyant
American mobsters like John Gotti. Rizzuto stayed at the top of
Canada's criminal underworld by keeping a low profile, working
only with trusted people close to the family, and spreading the
wealth around. In the end, he was brought down not by the cleverness
of Canadian law enforcement but by the treachery of his American
brethren. A leader in the Bonanno family told the FBI that Rizzuto
was one of the shooters in the murder of three Bonanno capos in
1981. Vito is now serving a 10-year sentence in an American prison.
Still, in spite of Projet Colisée and other setbacks, the
clan's enterprises continue to prosper. Says former Colombo hitman
Miciotta: "Right now they are in transition mode, to hand
it over to a successor, maybe a distant relative--people they
feel they can trust."
For importers like the Rizzutos to be successful, they need competent
distributors. And no one runs a better network than the Hells
Angels, whose Canadian arm has perfected the art of criminal franchising.
The franchisor
Walter Stadnick was a David among the hirsute Goliaths who make
up the Hells Angels. Just 5 feet 4 inches tall, "Nurget"
rose through the ranks to become the genius behind the Hells Angels'
spectacular growth in Canada.
When Stadnick joined the Hells Angels in 1982, the motorcycle
gang had just two chapters in Quebec and fewer than 30 full-patch
members. By the time Stadnick was arrested in 2001 for murder
and drug trafficking, the organization had metastasized into 36
chapters across Canada and nearly 500 full-patch members. "Stadnick's
legacy is a coast-to-coast empire of crime," says Julian
Sher, co-author of two books on the gang.
The Hells Angels, who boast chapters in 29 countries and 2,500
members globally, have long embraced a franchising model. The
leadership meets regularly to discuss how the chain can be expanded.
In Canada, Stadnick was responsible for turning the Hells Angels
from a bunch of violent party boys into one of the richest, most
powerful and wiliest organized crime groups in North America.
The decentralized network of chapters was designed not only to
market narcotics but to withstand police efforts to drive them
out of business. The long-time head of the organization in Quebec
was Maurice (Mom) Boucher. "Mom Boucher was the thug, the
Al Capone who was going to barrel his way to the top by shooting
people and prison guards," says Sher. "But Stadnick
was the one who also had the business plan. Stadnick was the CEO."
Founded in San Bernardino, California, in 1948 as an outlet for
war vets seeking thrills, the Hells Angels were originally all
about having a good time and occasionally breaking bones for mobsters.
But by the '60s, the Hells Angels had discovered the lucrative
business of selling drugs to hippies.
The first Hells Angels chapter in Canada was established in Montreal
in 1977. In those days, the bikers seemed more interested in killing
each other than in building a criminal enterprise. "It was
disorganized crime--they made money for themselves in an often
clumsy way," says Jerry Langton, author of a 2006 biography
of Stadnick, Fallen Angel.
Growing up in Hamilton, Stadnick was a cunning and ambitious
youth who became a small-time drug dealer in high school before
forming his own short-lived motorcycle gang. Rejected by the local
Satan's Choice chapter, he rode to Montreal and showed up at one
of the city's two Hells Angels clubs in 1982. Although he did
not speak the language of the francophone clubs, he was immediately
accepted as a prospect.
Three years later, the Hells Angels' Sorel club president decided
to wipe out five members of the Laval chapter who were snorting
more cocaine than they were selling. This massacre marked a turning
point for the Hells Angels in this country. "The Hells Angels
had divided," says Langton. "There were the guys who
wanted to have a good time, make a few bucks if possible, get
drunk and kick up shit, and there were the new ones who wanted
to make money. These were the guys with short hair who didn't
have big bellies and some of them didn't even have motorcycles."
Stadnick and Boucher exempl-fied this new breed of business-oriented
Hells Angel. "[Stadnick] is part of that key cocaine industry
that turns the Hells Angels from basically gofer boys of the Mafia
into powerbrokers who are sitting down with the Mafia and negotiating
the price of cocaine," explains Sher.
In fact, a Hells Angels chapter is a perfect entrepreneurial
franchise for criminality. Each autonomous chapter is led by a
president who presides over an executive and a collection of usually
about 20 full-patch members. No chapter answers to any other--which
means that if the police raid one club, the others keep on functioning.
A full-patch member is akin to a "made man" in the Mafia--there
are many who aspire but only a few who are chosen. They are basically
self-employed businessmen, their value to the chapter rooted in
their ability to earn money, says the Sûreté du Québec's
Pierre Boucher. While full-patch members are entrepreneurs, they
"are working toward a main goal collectively," explains
Boucher. All full-patch members give a small portion of their
profits to the chapter.
A full-patch member runs his own little empire. "Each Hells
Angels member can represent 100 people below him," says Boucher.
They have access to puppet clubs--less powerful bikers who do
the bidding of the Hells Angels, selling and distributing drugs,
running strip bars and prostitution rings, and acting as enforcers.
Managing all this keeps the Angels busy. "They start their
day with meetings and end their day with meetings and go from
one meeting to another," says Boucher.
The Hells Angels have long claimed they are a mere motorcycle
club. They market their logo on everything from T-shirts and leather
jackets to knickknacks. Their members also own real estate, play
the stock market and run legitimate companies. In B.C., for example,
leading members of the Hells Angels have owned motorcycle stores,
apartment buildings, supermarkets, cafés, construction
and waste disposal companies, and cellphone and clothing stores.
Then there are the businesses that are legal but seamy. Starnet
Communications, a B.C. company run by the Hells Angels during
the '90s, became a multimillion-dollar porn and online gambling
operation. It got start-up funds via a $2.2-million private placement,
and at one point was valued at $900 million on paper. Not surprisingly,
members of the gang's provincial leadership live in mansions in
some of Vancouver's swankier neighbourhoods. Here and elsewhere,
the Angels are as intimate with the mainstream Canadian economy
as former biker chick Julie Couillard was with the federal cabinet.
When Stadnick became national president in 1988, his plan was
to establish chapters across Canada. The Hells Angels had a burgeoning
presence in Quebec, Halifax and B.C., but were completely cut
out of Ontario and the Prairies, which were controlled by rival
biker gangs. Ontario, with its rich drug market, was especially
critical for the Angels.
Two approaches were available to Stadnick. He could kill his
competitors, or woo them. While the Hells Angels in the U.S. and
other parts of the world often wipe out rival gangs--a tendency
that was shared by Mom Boucher in Quebec--Stadnick chose a Canadian
approach: diplomacy. In Ontario, Stadnick's first effort was to
persuade the dominant Outlaws and Satan's Choice gangs to join
the Angels. He tried to do the same in Winnipeg, an important
distribution hub for drugs. "An informant told me that if
he could boil down Walter's philosophy to one sentence, it would
be: 'He would rather buy his rival a drink than kick his head
in.'" says Langton.
Rebuffed, Stadnick got innovative: In Manitoba, he formed the
Redliners club in 1995 to compete with the entrenched Los Brovos
and Spartans clubs. Two years later, he was victorious; Stadnick
merged the Redliners with Los Brovos and the Spartans to form
a Hells Angels chapter. By then, he'd already conquered Alberta,
where the Angels had been warmly welcomed.
Ontario proved more difficult. Finally, Stadnick had an epiphany.
He knew that full-patch members of the Outlaws and Satan's Choice
did not relish the prospect of being reduced to junior status
if they joined the Hells Angels. They didn't see the point of
getting onside. Stadnick's solution was simple: All full-patch
members of those clubs would automatically become full-patch members
of the Hells Angels. Thus, 179 members of the Outlaws, Para-Dice
Riders, Satan's Choice, Lobos, Last Chance and Rock Machine were
"patched over" in just one day in December of 2000,
giving Stadnick his lock on Ontario. The power and prestige of
the Hells Angels brand was part of the appeal to the lower-profile
clubs. "If you can't beat them, buy them," says Sher.
"That's exactly what he did....It was a brilliant strategy."
Stadnick also helped create a narcotics pipeline to feed his
growing network of franchises. As the Hells Angels became established
in Quebec, they occupied the mid-level drug distribution tier
just below the Mafia. Led by Mom Boucher, they aggressively sought
more turf in the cocaine market, leading to a war with the rival
Rock Machine biker gang that took more than 160 lives.
The Hells Angels created a new corporate structure to profit
from and manage their exploding drug business. In 1994, they founded
the Nomads, a superchapter that was not bound by territory. "In
Quebec, the Nomads were just the toughest and meanest and most
powerful," says Sher. An elite circle of five Nomads, called
La Table, set prices and managed the drug trade. "Stadnick
and his partners were able to build a pyramid structure that put
the Nomads on top of all the other clubs," says Sher, "which
you don't see anywhere else. And La Table was a powerful clique,
which is why they amassed such huge fortunes."
The Nomads ordered cocaine and hashish shipments and then demanded
that all Hells Angels clubs in Quebec buy product only from them.
In 2000, La Table had so much clout that it arranged a meeting
with Vito Rizzuto at a Montreal restaurant to set the price of
a kilo of cocaine at $50,000 and divide up the city's market.
Police got an inkling of just how much money the Nomads were
making when, in 2000, they discovered the gang had set up their
own bank in a series of apartments in Montreal. Here, cash from
drug deals was delivered, counted and stored. Records from the
bank show that between March 30, 1999, and December 19, 2000,
the Nomads sold $111.5 million worth of cocaine and hashish. Stadnick
and one of his Hells Angels buddies had an account code-named
"Gertrude," through which the two men bought 267 kilos
of cocaine and 173 kilos of hashish from the Nomads, worth $11.1
million, during an 11-month period. Police estimate the duo's
profits were between $2 million and $3 million.
But Stadnick's days at the top were coming to an end. Just as
his plan for a national chain was realized, he was arrested in
March, 2001, as part of Operation Printemps, which took down the
Quebec leadership of the Hells Angels. He was charged with drug
trafficking and conspiring to commit more than a dozen murders,
eventually receiving a 20-year sentence, less double time served.
His network remains very much intact. "Part of Walter's
genius is he went to parts of Canada where the Mafia didn't exist,"
observes Langton. "There is no Mafia in Thunder Bay--but
there are bikers. Same as Saskatoon and North Battleford. And
you know what? People there want drugs, too."
As criminal organizations like the Hells Angels have grown more
skilled at making mountains of money, they increasingly need the
services of bankers, accountants and lawyers to help launder their
ill-gotten gains. Given the sums involved, they never lack for
willing recruits.
The lawyers
Cal Broeker is a gregarious American, a bear of a man with a
profane patter that served him well when he infiltrated the criminal
netherworld as an undercover operative for the RCMP and the U.S.
Secret Service. In 1997, Broeker began getting close to the Rizzutos,
claiming to be a money launderer with ties to Eastern European
banks. He once had coffee with Vito Rizzuto in a restaurant in
Montreal's Little Italy to talk business. "They wanted me
to handle the money laundering for the Hells Angels," recalls
Broeker. "The Hells were using [the Rizzutos] to launder
their cash. The volume was huge. I had an airtight plan located
out of Bulgaria....These guys were freaking over it. The Rizzutos
offered me all of the money laundering for the Hells."
The deal never happened, but Broeker gained insight into the
white-collar end of organized crime. "When we say 'Mafia,'
you think of so many images--least of them is a bank manager with
a plastic penholder and round glasses and a short haircut,"
he says. "But he is as lethal as any enforcer or hitman as
far as what he can accomplish for the gangs."
Broeker says the Rizzutos laundered money through an extensive
network that one of the family's enforcers told him even included
one of the Big Three auto companies in Detroit, thanks to a corrupt
contact. "They would send cash along with a false invoice
to this contact in Detroit who would put the money through one
of the company's divisions," explains Broeker. "In turn,
the contact would issue a cheque to the Rizzutos, claiming the
payment was for something like car parts when, in fact, it was
for this dirty money needing laundering."
Criminals can take a variety of routes into the financial system.
The white-collar professionals they employ include lawyers, accountants,
stockbrokers, insurance agents, real estate agents and staff at
financial institutions and car dealerships. "Within the criminal
milieu, money laundering has taken on a life of its own and has
become an integral component in the operations of criminal organizations,"
York University criminologist Margaret Beare has written. "A
distinct criminal career has opened up to provide laundering services."
Police forces say Canada is a haven for money laundering, thanks
in part to a crazy-quilt regulatory system and a banking industry
whose priorities are elsewhere. Take the case of the 'Ndrangheta,
the powerful Mafia from Calabria that has annual revenues estimated
at $68 billion. Italian magistrates, like Alberto Cisterna of
the Anti-Mafia Directorate, say the 'Ndrangheta launders drug
profits through Canadian banks and companies (as well as through
restaurants, franchises and travel agencies), and even pays for
its cocaine shipments from Colombia via its Canadian division.
Yet few Canadians have ever heard of the 'Ndrangheta.
Not long ago, money laundering simply involved corrupting a few
bank branch officers. In the '80s, the police found that the Rizzuto
and Caruana-Cuntrera families laundered at least $35 million (U.S.)
through Montreal's City and District Savings Bank (now Laurentian
Bank of Canada) and two other financial institutions in exactly
this fashion. But this method is no longer as viable, given laws
governing the deposit of large amounts of paper money in banks.
The launderers have become more inventive, as was demonstrated
by Bermuda Short, a joint FBI-RCMP sting operation. One of the
targets was Martin Chambers, an Oxford-educated lawyer. In 1967,
Chambers set up his legal practice in Vancouver. "He was
very bright and unusual and almost anti-establishment," says
one of his peers in the Vancouver bar. Chambers also had a toxic
streak in his personality that was eventually accentuated by a
cocaine habit.
Canadian lawyers like Chambers have long been favourites of mobsters,
especially for money laundering, mainly because they can move
cash through trust accounts with little scrutiny by the banks.
"If I were a criminal," observes one former RCMP officer,
"I would want to become a lawyer." A 2004 study by criminologist
Stephen Schneider of York University found that of 149 major money-laundering
and proceeds-of-crimes cases the RCMP solved in a five-year period
in the '90s, lawyers played a role in half of them, albeit often
unwittingly.
That lawyers in Canada can set up opaque trust accounts for clients
is unusual by global standards. Regulations introduced by the
federal government to close this loophole in 2000 were met with
lawsuits from the legal profession, which was concerned that the
changes would undermine the bedrock principle of solicitor-client
privilege. The courts ruled in the lawyers' favour.
Chambers had a history of trouble: In 1981, for instance, he
was charged for his role in a conspiracy to import a kilo of cocaine
from Miami to Vancouver. He was convicted, but fought the case
all the way to the Supreme Court of Canada. He won, but was forced
to quit practising law (he was never disbarred per se).
Chambers also tried to help a motorcycle gang named Satan's Angels
incorporate their chapters and set up their holding companies.
In 1993, he assumed a behind-the-scenes role in a publicly traded
company, Marlat Resources Ltd., one of whose principals was allegedly
linked to the Russian Mafia. Chambers also became involved in
a cigarette smuggling scheme, and borrowed money from Eron Mortgage
Corp., a Vancouver mortgage-brokering firm that raised $200 million
from B.C. investors in the mid-'90s before going bust amid charges
of fraud.
One of Chambers's acquaintances was a Vancouver stock promoter,
Jack Purdy. By the late '90s, Purdy had piqued the curiosity of
both the RCMP and FBI, who believed he was in cahoots with mobsters.
Accordingly, in 1999, the Bermuda Short team assigned veteran
RCMP undercover officer Bill Majcher to represent a fictitious
Colombian cartel that had bags of cash to launder--up to $2 million
a day. The sting was set up in Florida.
Soon enough, Majcher came to the attention of Purdy and his colleague,
Kevan Garner, who together ran Garner Purdy Venture Capital, a
Vancouver stock promoter. In early 2002, Garner flew to Fort Lauderdale
and met with Majcher. Majcher made it clear he had drug profits
to wash. Garner returned to Vancouver, then flew back to Florida,
where he picked up a "damned big" bag stuffed with $500,000
(U.S.). He laundered some of the money by buying a shell company.
By laundering on the stock market, criminals can increase their
profits many times over. "We used to say dumb ones make millions,
the semi-smart ones make tens of millions, and the really crafty
make hundreds of millions," says Ross Gaffney, a former FBI
agent who oversaw Bermuda Short. Using shell companies, criminals
can employ pump-and-dump schemes to multiply their wealth. "It's
not unheard of to have a stock starting in the pennies and [the
promoters] ending up making 40 or 100 times their investment,"
says Gaffney.
According to testimony given in court, Garner soon returned to
Florida, this time with Chambers in tow. In the spring of 2002,
Chambers, Garner and Majcher met aboard a boat in Fort Lauderdale's
harbour to talk business. Majcher produced a bag containing $500,000
(U.S.), remarking to Chambers that he needed a total of $26 million
(U.S.) laundered per year. Chambers quickly agreed to help. Majcher
says he next set up a corporation, which was used to open an account
at Key West Swiss Investment Bank, based in the Bahamas. The money
was then laundered through a casino and a chain of restaurants
connected to the bank, as well as through a company of Chambers's
called Mystar Holdings, which in turn had an account with the
Royal Bank of Canada. "It's called layering--to hide the
origins of the money," says Majcher.
Another lawyer ensnared by Bermuda Short was Simon Rosenfeld,
a sole practitioner with an office in a handsome brownstone in
downtown Toronto. In 2001, Rosenfeld had been convicted and fined
$2.8 million (U.S.) by U.S. regulators for operating a pump-and-dump
scheme at a company called Synpro Environmental Services Inc.
He declared bankruptcy in the wake of that penalty.
In March of 2002, Rosenfeld flew down to Miami to meet with Majcher.
According to court testimony, Rosen-feld insisted that any transactions
be carried out in Toronto, as he feared the consequences of getting
caught in the States. He told Majcher that he'd laundered more
than $150 million over the years. "Rosenfeld also explained
that in the early '90s, he was a banker in Sicily, and told me
about a relationship with the Hells Angels and Vito Rizzuto,"
says Majcher.
In June of 2002, Majcher went to Rosenfeld's Toronto office with
a bag containing $250,000. He handed Rosenfeld a piece of paper
with the number of an account in a bank in Miami. Using a legitimate
foreign exchange company in Montreal called Denarius Financial
Group, Rosenfeld made three wire transfers to shift the money
from Canada to the Miami bank.
In August, 2002, the FBI and RCMP made their move, arresting
Purdy, Garner, Chambers, Rosenfeld and more than 50 other alleged
launderers, many of whom worked at dodgy brokerages. Of the 58
men arrested, a third were Canadians. In 2003, Chambers received
a 15-year sentence. Garner served 15 months in jail and went on
to invent a money-laundering board game. A broken man, he apparently
took his own life in September of this year. Purdy was acquitted.
In 2005, Rosenfeld was given three years in prison and fined $43,230.
Five days later, he was released on bail of $1.95 million.