Part 2 of 2
Then something inexplicable happened.
Pereira, whom the FBI knew to be a major international cocaine trafficker, was turned loose after paying a small fine for not declaring the $70,000. He returned to Costa Rica and immediately resumed drug trafficking, which the FBI learned while monitoring a phone call from Pereira to Cabezas on January 21, 1983. "Fine was completed. No probation, no prison," Pereira was recorded as telling Cabezas. "Horacio wants to get ready to send Carlos some material."
By then the feds were crawling all over the drug ring. All of the traffickers' phone calls were being taped and transcribed; eventually the FBI would monitor more than 13,000 conversations. Cabezas and Zavala were being shadowed everywhere. Their dealers and their dealers' customers had their phones tapped as well.
The wiretaps revealed that the Colombian side of Zavala's drug operation was using freighters registered to the Gran Colombiana shipping line to bring cocaine into the United States. Agents began following the Gran Colombiana ships as they plied the waters off the West Coast and watched as kilos of cocaine were unloaded by Cabezas's associates in San Francisco and Seattle. Right before Christmas, the FBI started taking the operation apart.
On December 22, 1982, they intercepted two men coming off the freighter Ciudad de Nieva in Los Angeles, carrying thirty-nine pounds of cocaine. Another Gran Colombiana ship, the Ciudad de Cucuta, pulled into Pier 96 in San Francisco shortly after the first of the year, and the FBI set up a stakeout. It was a vessel that, according to one report, "had been raided in previous drug seizures."
Nearly two weeks went by without anything happening. Then, just before 2 a.m. on January 17, 1983, during the heaviest fog of the winter, a silver-and- orange Chevy van and a Toyota Celica pulled up to a hole in a fence near a swampy marsh leading to Pier 96. Seven men got out and began wading through the swamp toward the docked freighter, disappearing into the darkness. Two hours later the Celica and the van returned, and the seven men materialized out of the gloom, carrying heavy duffel bags. Two of them wore divers' wet suits.
The stakeout agents moved in, and one of the suspects unleashed a short burst from an Uzi submachine gun, but no one was injured, and they quickly surrendered. The agents found that all the men were heavily armed—a wise precaution, considering the value of what they were carrying: an astonishing 430 pounds of cocaine. Five other men were also rounded up that night, most of them Colombians who had been seen in Los Angeles and Seattle during earlier freighter stakeouts.
It was the biggest cocaine bust in the history of the West Coast.
The next day the San Francisco Chronicle blasted the news of the drug raid across its front page. Headlined "Cocaine Seized from Frogmen at S.F. Pier," the story told of "a fog-shrouded scene right out of a B-movie" and featured a large front-page picture of a Customs agent in a windbreaker piling football-sized bricks of cocaine on a table.
It was the first case made by President Ronald Reagan's new federal Drug Task Force in San Francisco, and U.S. Attorney Joseph Russoniello, a right-wing Republican close to the Reagan administration, made sure the media understood what a momentous seizure the president's new drug warriors had made. Russoniello told reporters that the street value of the cocaine the frogmen were carrying was, after "routine dilution," a whopping $750 million—three quarters of a billion dollars. Even the agents working the case couldn't swallow that one. Russoniello's quote in the Chronicle was followed by one from the DEA saying the load was worth no more than $100 million on the street, and between $11 million and $12 million wholesale.
Two weeks later agents in Los Angeles raided the Gran Colombiana freighter Ciudad de Santa Maria and arrested fifteen people, again mostly Colombians, in the act of unloading 150 pounds of cocaine. A UPI story noted that "the arrests were made as the suspects tried to transfer the drug ashore by way of couriers and a scuba diver." That story said the cocaine was worth $22.8 million.
(Amazingly, cocaine continued arriving in the United States aboard Gran Colombiana freighters all the way through 1986. The very same ship docked at Pier 96 that night in January 1983—the Ciudad de Cucuta —was found in Houston the following year with $18 million worth of cocaine secreted behind a steel wall. The shipping line was partly owned by the Colombian and Ecuadoran governments.)
The hammer fell next on Carlos Cabezas and Julio Zavala.
At 7 a.m. on February 15, federal agents and local police simultaneously raided fourteen locations in the San Francisco area, including Cabezas's house and Zavala's apartment, scooping up everyone and everything they could find. The haul included the Colombian supplier Alvaro Carvajal Minota; Cabezas; his mother, Gladys; Zavala; the low-level dealers they had been selling to; and some of their customers. In a bookcase in a San Francisco apartment, records show, police found "five flyers for Nicaraguan Benefit."
Once again U.S. Attorney Russoniello hosted a media event, telling reporters: "Before, we got the mules. These are the higher-ups in the operation." But the real higher-ups eluded capture, as neither Norwin Meneses nor any of his family was charged. Former Meneses aide Renato Pena told the Justice Department in 1997 that Norwin had a DEA agent on his payroll at the time and the agent "called Norwin a few weeks before Julio Zavala and Carlos Cabezas were arrested and warned Meneses of their impending arrests." The DEA agent, who admitted knowing Meneses, disputed those allegations during a Justice Department interview. (Curiously, the agent recalled having the impression that Meneses was working with the CIA at the time "moving guns for the Contras.")
While Russoniello and the federal agents who accompanied him were more than happy to give out detailed tidbits concerning the Colombians—such as the fact that Carvajal Minota sent boxloads of cash and jewelry each month to his mother in Cali—they had nothing at all to say about the cocaine and the cash the Nicaraguans were hauling to and from Costa Rica.
The involvement of Pereira and the Sanchez brothers was never disclosed, nor were they ever charged with anything. For some reason, the fact that the former Nicaraguan ambassador to Guatemala was bringing cocaine into the United States wasn't deemed newsworthy—or indictable.
The Meneses family's involvement with the drug ring was also suppressed. Defense lawyers had to get a court order to force the Justice Department to reveal that the 1981 searches targeting Jairo Meneses and Julio Bermudez, had even occurred. After the lawyers got those files, they accused the FBI of "serious misrepresentation" for concealing the identities of individuals "who are, clearly from the government's point of view, either distributing cocaine obtained from some of the principals in this case, or supplying it to them." The records, they argued, revealed that there was "a direct and ongoing connection between the Meneses organization and Carlos Cabezas."
The government replied that the searches had been of little importance.
When news of the arrests reached Central America, reporters there saw an angle that their American counterparts missed. "Somocistas traffic in drugs," is how the pro-Sandinista daily, Barricada, headlined the story that appeared on February 20, 1983. "Narcotics police of San Francisco, California, carried out a haul last Wednesday of 20 cocaine traffickers, among whom are several Nicaraguans who supported through this criminal activity the economic needs of Contra groups."
The paper quoted unnamed Nicaraguan diplomatic sources, asserting that "one could not establish how many of those captured are of Nicaraguan origin, but there were several, and they were tied to groups of former Somocista Guards in San Francisco, and that through the crime of trafficking in cocaine they are contributing economically to the Contras." It would take another three years before an American journalist would make the same connection.
Julio Zavala complained to the court that similar stories had appeared in the Spanish-language press in Costa Rica, making it impossible for him to return to Central America. Both Zavala and Cabezas were held in prison on $1,000,000 bail, which Cabezas was unable to raise. After getting a look at the evidence the FBI had compiled against him, Cabezas's attorney advised him to cut a deal with the government and testify against Zavala, which Cabezas did.
About a year later, shortly before his trial was to begin, Zavala's attorney, Judd Iverson, walked into U.S. District Court judge Robert Peckham's office and dropped a bombshell on his desk. Iverson handed Peckham two letters addressed to the court, written by Nicaraguan exiles in Costa Rica, regarding Julio Zavala's activities on behalf of the Contras. One was written by Horacio Pereira's brother- in-law, the exiled attorney Francisco Aviles Saenz, who identified himself as the international relations secretary for UDN-FARN. A published account said Aviles had also helped set up the Committee in Defense of Democracy in Nicaragua, a CIA front in San Jose, Costa Rica, with money from Venezuelan sources. The other letter was also written by Aviles, together with businessman Vicente Rappaccioli Marquis, on behalf of a group called the Conservative Party of Nicaraguans in Exile (PCNE). In the early 1980s he was part of UDN-FARN, according to a former UDN-FARN commander who'd been recruited by Rappaccioli.
The Contras' letters said Julio Zavala, who stood accused by the Justice Department of being a cocaine kingpin, was actually a Contra official who had been working for the resistance forces at the time of his arrest; Zavala was the assistant treasurer of the PCNE and a longtime member of UDN-FARN, which "fights for the restoration of the democratic system in the Republic of Nicaragua... under the slogan 'God, Fatherland and Freedom.'" The reason they were writing Peckham, the Contra leaders stated, was because the FBI had something that belonged to them, and they wanted it back.
When Zavala's apartment was searched the morning of his arrest, the police —in addition to finding an M-l carbine, a practice grenade, a variety of passports, and a catalog of machine guns and silencers—found slightly more than $36,000 in Zavala's nightstand, which was confiscated as illegal drug proceeds. That was not an unreasonable assumption, given all the cocaine and dmg paraphernalia the police found scattered about the place. But the Contras insisted that the money in the dealer's nightstand was theirs, and they had given it to Zavala so he could make some "purchases characteristic of this organization" while in San Francisco. "The retention of this money is prejudicing the progress of liberation, with natural consequences," Aviles warned Peckham.
According to the letter, Zavala had made several trips between California and Costa Rica on UDN-FARN's behalf, and during his last visit in January 1983 he was given $45,000 that UDN-FARN had "collected amongst our collaborators here in Costa Rica." To prove it, the Contra leaders provided copies of a letter appointing Zavala as the assistant treasurer of PCNE, and authorizing him "to collect within the United States money for the liberalization of Nicaragua from international communism"; a receipt showing the group had given him $45,000; his UDN-FARN credentials; and Aviles's sworn statement that he was willing to testify to Zavala's position if necessary.
Defense attorney Iverson told Judge Peckham that he wanted to go down to Costa Rica and take the Contras' depositions. If what they were saying was true, he argued, Zavala was going to defend himself on the grounds that "agents of the U.S. government were intricately involved in the alleged conspiracy and either sanctioned the use of cocaine trafficking to raise funds for Contra revolutionary activity and/or entrapped the Defendant into participating under the belief that such activity was sanctioned."
Peckham quickly scrawled his signature on an order sealing the Contras' letters and the other papers Iverson had submitted. Iverson had requested the secrecy order to keep the U.S. government from discovering the documents, which he felt might expose Aviles and Rappaccioli "and/or their families to harm or political pressure." In court a few weeks later, Iverson again raised the issue of the depositions, a request Peckham was still considering. Assistant U.S. Attorney Mark Zanides scoffed at the notion, saying that Iverson hadn't come close to showing a need to go "trudging off in the middle of the trial to Costa Rica without a firm basis for it."
Judge Peckham disagreed.
"It would be very important testimony to corroborate what they apparently claim is his defense. It has to do with the source of the money. My understanding is the Government will assert the money came from narcotics transactions?"
"It is very likely," Zanides answered.
"Well, he claims another source for another purpose," Peckham said. "And this evidence would corroborate that. It is very important evidence."
"I don't know, I have not seen any reason why the government isn't entitled to know the identity of the witnesses," Zanides complained. "I don't know what the source of this information is, or alleged information. I'm flying blind."
"There were letters from the people involved that were filed under seal with the court," Iverson reminded the prosecutor.
"I don't know who they are," Zanides protested. "These letters could come from anybody. I don't know if Mr. Iverson has ever spoken with them personally. I don't know how he can vouch... it is just a letter."
The prosecutor told Peckham that it wasn't "a situation where we are talking about a threat to the lives of the witnesses."
"They think so," Peckham replied.
"I think it is," Iverson said.
After holding two hearings in the secrecy of his chambers, Peckham had the lawyers come to his courtroom on July 16, 1984, to hear his decision. Prosecutor Zanides again complained that he was being kept in the dark about the identity of the Contra officials. "You are talking about some unknown people in a foreign country with allegedly revolutionary affiliation," he argued.
"The concern, I suppose, is that these people will be intimidated," the judge said, "not necessarily expressly. They are revolutionaries in Nicaragua. They want to overturn the Nicaraguan government, as I understand it. The Contras. They are based in Costa Rica and they have monies. Where those monies came from, nobody knows. There is speculation about that, but there is no evidence. They want to show that this money that was found in his possession came from the Contras."
"I appreciate all that. That's been apparent," Zanides said. "Let's assume for a moment that I don't believe these people, that I think they're lying. I mean, I have to be able to make inquiry of those persons or agencies whom I believe possess that information."
"Judge, these people probably have very close contacts with the CIA," Zavala's cocounsel, Marvin Cahn, argued. "We don't want the CIA saying to them, 'Don't testify.' I see no reason why an investigation can't be done after the deposition."
"Oh, that's ridiculous," Zanides said.
"I don't see anything ridiculous about it," Cahn retorted.
"Would you look to the CIA?" Peckham asked the prosecutor.
"I look anywhere I think there might be some information."
"That is troublesome," the judge said.
"Absolutely, I might look to the CIA."
"Is that troublesome?" Peckham inquired of the lawyers.
"Not to me," Zanides said. "I need to know. It may turn out that they may be telling the truth."
"It is very troublesome to us to have the CIA involved because I think our witnesses won't be there if that happens," Cahn said. "It seems our witnesses should be afforded the same degree of protection that the government's informants are afforded."
"That just doesn't add up," Zanides said.
"There is a far more dangerous situation in Costa Rica than an informant has in the United States!" Cahn said.
Peckham gently intervened. "They fear, you see, that there will be disclosures made," the judge explained to Zanides. "And again, I don't accept this because I have no evidence. So by my saying it, I don't want it understood that I am finding what I say to be fact. They are afraid. Just like you are afraid about the safety of informants, they are afraid that if the CIA is, in fact, financing these people that they will not want it disclosed and that they will take measures to make certain people don't get funding or be advised strongly not to cooperate. I don't know if you have control over that."
"So the fear," Zanides asked, "is that the CIA is going to bring some pressure on these people not to testify, is that it?"
"That's very much the fear," Cahn said. "And I think it is a realistic fear in this case."
"I don't see any evidence. . .1 can't even respond to that," Zanides argued. "What is the evidence the CIA—"
"That is fairly well documented," Iverson interjected. "I don't think there is any question that they are down there and intimately involved with the group that is trying to overthrow the Sandinista government."
"All we are saying," Judge Peckham told Zanides, "is that nobody should discourage them from testifying in this proceeding by way of deposition. I don't know what is so horrendous about that."
Peckham granted the defense lawyer's motion to fly to Costa Rica during mid-August "for the purpose of taking depositions of Francisco Aviles Saenz and Vicente Rappaccioli Marquis." He instructed the government to pay $5,000 in travel expenses for the attorneys.
Six days later the Costa Rican CIA station fired off a cable to Langley to warn that a federal prosecutor and an FBI agent were planning a trip to San Jose "to question two anti-Sandinistas in connection with the prosecution of a cocaine trafficking case." The problem, the station told Langley, is that both Aviles and Rappaccioli were Contra officials and belonged to an organization that had "unwittingly received CIA support."
Both men were also CIA assets, the station said. Langley was advised to search its files for anything it had on them and their connection to the cocaine traffickers, and the cable ended by saying that the CIA station was "concerned that this kind of uncoordinated activity (i.e. the assistant U.S. attorney and FBI visit and depositions) could have serious implications for anti-Sandinista activities in Costa Rica and elsewhere."
CIA headquarters discovered that Aviles was indeed a Contra official and had attended an August 1982 conference in Miami, where he was elected to the board of directors of the PCNE, which was receiving CIA money.
Various branches of the CIA were alerted, and the agency sprang into action. The Justice Department and the federal prosecutor handling the Zavala case, CIA officials decided, needed to be "discreetly approached."
On August 3, 1984, CIA headquarters instructed the Costa Rican station to keep away from Aviles and Rappaccioli, "to avoid giving Zavala's defense attorneys a possible issue." Langley reassured the nervous Costa Rican station that "there was no reason to believe that Zavala's attorneys knew Rappaccioli had any association with CIA." The whole thing could just blow over "if planned legal action is successful," the cable said.
CIA lawyer Lee S. Strickland flew into San Francisco from Washington, and on August 7, 1984, he sat down with prosecutor Mark Zanides and had what Zanides recalled as an "opaque conversation" with him. The CIA, Strickland told him, "would be immensely grateful if these depositions did not go forward." But Strickland "provided little or no explanation regarding what the CIA's interests were in the case," Zanides said. Strickland appeared "very concerned about the public identification of the individuals who were to be deposed."
There was one problem, however. Neither the CIA nor the prosecutor knew what was in the letters the Contras sent to the judge. Before they could do anything, they needed to see those letters.
That afternoon Zanides filed a motion asking Peckham to unseal the Contras' letters so government lawyers could read them. "Keeping it under seal at this point would result only in preventing the counsel for the United States from preparing properly for the deposition," he wrote. "At present the government is undertaking an inquiry with respect to the identities of these persons and counsel for the government is attempting to ascertain precisely what the facts are."
At a hearing the next day, Zanides wanted to clarify the government's position. When he asked for the records to be unsealed, he told Peckham, he hadn't meant for the general public to be able to read them. All he was asking for was that the documents be shown to government lawyers under a protective order.
Judge Peckham bristled at the prosecutor's suggestion.
"I think it ought to be made public," he said. "Why should we not make it public? What is there left to keep—"
"Your Honor," Zanides interrupted, "before I could comment on that—"
But the judge abruptly cut off the prosecutor.
"I am going to make it public. If it is unsealed it is going to be public," he warned.
"Well, as Your Honor knows, I can't comment since I really haven't seen those materials," Zanides said.
"I am ordering it made public. It is unsealed," the judge said. "I don't have to put it that way. I will just order it unsealed."
"Very well," Zanides replied. "May I obtain a copy from your clerk this morning?"
"Certainly," the judge said, taking out his pen. "So I will sign this. . .there is no restriction on the public disclosure of this."
When Strickland and Zanides saw the letters the two CIA operatives had sent to Peckham, their faces must have fallen. They had put the Contras right in the middle of the biggest cocaine bust in California history. Zanides went running back to Judge Peckham with a request that he make the documents secret again, until the government could make a private "presentation to the court why the record re Costa Rica depositions should not be made public." Zavala's attorneys weren't invited.
Whatever the Justice Department told Peckham during the private meeting in his chambers, it worked. Peckham issued an order that afternoon sealing up the records he'd made public only that morning. Five days later Zanides filed a three-paragraph agreement that said simply that the "United States will not introduce the $36,020 in United States currency seized from the residence of Julio Zavala" and "agrees to return said currency to Julio Zavala." In exchange, the agreement stated, Zavala would not press the issue of the Costa Rican depositions.
"As the matter stands now," a CIA cable stated, "CIA equities are fully protected." The cable bemoaned the fact that both Aviles and Rappaccioli "planned to testify at their deposition as to the source of the money in question.
We can only guess at what other testimony may have been forthcoming."
A U.S. embassy official in Costa Rica, after hearing that the depositions had been called off, quipped that they "had been canceled by The Funny Farm." His remark quickly got back to Langley, which instructed its Costa Rican agents to tell the diplomat "that CIA had no hand in cancellation of the trip."
Years later, when questioned about the case by the author, former U.S. Attorney Russoniello said the only reason he agreed to return the drug dealer's cash was because it would have cost the government too much money to go to Costa Rica and take two depositions. There never was any evidence to suggest that the Contras were involved with the drug ring, he insisted. But even the Justice Department's Inspector General didn't buy that. After questioning Russioniello, the IG concluded that the CIA had intervened with the prosecutor because of "a desire to protect the public image of the Contras or the CIA. . .the CIA considered the potential press coverage of a Contra-drug link to be a sufficient reason to attempt to influence the decision to return the money to Zavala." CIA cables further described Russioniello as "most deferential to our interests."
In addition, there was a stack of telephone records linking the Contras directly to the drug ring, which Russioniello never released or publicly admitted. "A defendant in the Frogman case had made 51 phone calls to the FDN office in San Francisco," a secret 1987 DEA report states, noting that one of its confidential informants had met with the traffickers at the FDN's office.
The FBI agent who investigated the case, David Alba, had little doubt the CIA was behind Russioniello's decision to give back the drug money. "Zavala or someone he was working with was involved with the CIA," Alba told Justice Department inspectors in 1997.
Even after the depositions were canceled, the agency continued to fret that its dirty secrets would somehow leak out. CIA officials were instructed to "monitor the prosecution closely so that any further disclosures or allegations by defendant or his confidants can be deflected." CIA lawyer Strickland argued in a memo that the Costa Rican station "must be made aware of the potential for disaster. While the allegations may be entirely false, there are sufficient factual details which would cause certain damage to our image and program in Central America." A memo from CIA general counsel Stanley Sporkin observed, "This matter raises obvious questions concerning the people we are supporting in Central America."
In a lengthy cable to the Costa Rican station on August 24, 1984, Strickland detailed his concerns. "While this particular aspect was successfully resolved, the possibility of potential damage to CIA interests was not lost on the U.S. Attorney or headquarters. By virtue of Rappaccioli's relationship as a former covert action asset and a member of board of directors of a Contra organization, Aviles' role as director of the Contra support group office in San Jose, and their formal claim of drug-tainted money, case could be made that CIA funds are being diverted by CIA assets into the drug trade," he wrote. "Indeed, close relationship between Zavala, a convicted drug dealer, and Rappaccioli and Aviles could prove most damaging especially if any relationship, no matter how indirect, were to continue. As long as Rappaccioli and Aviles continue to play any role in the anti-Sandinista movement, any public disclosure of the foregoing would have as a certain element the fact that they were 'linked to' or 'assets of' CIA."
Strickland told the Costa Rican station to look into whether the Contras were dealing drugs but warned "no action other than discreet inquiries should be undertaken without headquarters approval."
What the CIA found was censored from the report, but the agency clearly didn't cut its ties with the two Nicaraguans. Aviles, in 1985, was appointed to the general staff of UDN-FARN. A 1988 State Department biography of Vicente Rappaccioli identified him as the secretary of the Contras' political division. Incredibly, the 1998 CIA Inspector General's report that contained all the cables claimed Aviles and Rappaccioli really hadn't worked for the CIA after all. The repeated references to them as CIA assets in the 1984 cables were mistakes, the IG claimed.
In October 1984 the federal government returned $36,020 to Aviles and Zavala. And not a moment too soon: eight days after the check was issued, the U.S. Congress—outraged by the disclosure that the CIA and the Contras had dropped antiship mines in Nicaraguan harbors—cut off all CIA funding for the Contras.
Despite the CIA's efforts to keep Contra involvement in the so-called Frogman case from becoming public, some of the truth got out when Carlos Cabezas took the witness stand in late 1984 against his ex-brother-in-law. Under oath, and as a U.S. government witness, Cabezas admitted that some of the cocaine money was going to the Contras. He told the jury of his meetings with Horacio Pereira, and of Pereira's nervousness over the Contras' profits being misspent by the hard-drinking Zavala. Pages from the ledger books in which Cabezas kept track of the Contras' cocaine were introduced into evidence and made public, showing cocaine transactions with Contra official Fernando Sanchez.
Zavala was convicted of trafficking and sentenced to prison. Cabezas's testimony went unchallenged. It also went unreported. Though the San Francisco news media had fairly swooned when Cabezas and Zavala were arrested, not a single reporter stuck around to cover the trial. The evidence of Contra involvement in cocaine trafficking in San Francisco would lie undisturbed in a federal court file for another two years.
