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'Skepticism and Fear' About Iraq's Nuclear Confession
NewsMax.com ^ | Monday, Dec. 9, 2002 | Carl Limbacher and NewsMax.com Staff

Posted on 12/10/2002 6:15:12 AM PST by honway

Iraq's 12,000-page arms declaration includes an admission that it was working on a nuclear bomb. Baghdad claims that the program was canceled and that no explosives were made.

White House press secretary Ari Fleischer today said "there's skepticism and there's fear" about dictator Saddam Hussein's nuclear ambitions.

Experts studied the nuclear section of the dossier at the the International Atomic Energy Agency in Vienna, Austria.

Mark Gwozdecky, a spokesman for the agency, said the United Nations knew of Iraq's attempts to build a nuclear bomb.

Don't Ask Questions

The admission was "consistent with what we found between 1991 and 1998," he said. "We never speculate about how close Iraq might have been to actually having a weapon."

A top adviser to Hussein, Lt. Gen. Amir al-Saadi, said Sunday: "We have the complete documentation, from design to all the other things. We haven't reached the final assembly of a bomb nor tested it."

The full report names the companies and foreign governments that helped Iraq create weapons of mass destruction. If released, it will "embarrass" some countries and corporations, al-Saadi said.

"Washington has obtained the U.N. Security Council's copy of the mammoth declaration, which has not been made public, and plans to share it only with Russia, Britain, France and China," Fox News Channel reported today.

In its declaration, Iraq insists that it no longer has weapons of mass destruction.


TOPICS: Front Page News; News/Current Events
KEYWORDS: iraq; nukes
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The full report names the companies and foreign governments that helped Iraq create weapons of mass destruction. If released, it will "embarrass" some countries and corporations, al-Saadi said.
1 posted on 12/10/2002 6:15:12 AM PST by honway
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To: All
http://www.usdoj.gov/opa/pr/Pre_96/February95/94.txt.html

When Iraq defaulted on its foreign debt just before the Gulf War, ten banks, including BNL, filed claims with the CCC based on the guarantees. Consistent with the program, the CCC promptly made good on approximately $1.6 billion of its guarantees, all except for those held by BNL whose Atlanta branch was under investigation for fraud

2 posted on 12/10/2002 6:17:39 AM PST by honway
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To: honway
http://brookings.nap.edu/books/0815733550/html/56.html

Link


3 posted on 12/10/2002 6:38:28 AM PST by honway
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To: All
http://www.centerforsecuritypolicy.org/index.jsp?section=papers&code=91-P_71

Center for Security Policy
Press Release No. 91-P 71 1991-08-31
SOVIETS ASK U.S. TO STICK IT TO AMERICAN TAXPAYERS AS BANKS WON'T TAKE ANY EXPOSURE ON LOANS TO MOSCOW

This Soviet request that the CCC effectively set aside its fiduciary responsibilities to the U.S. taxpayer comes as what should be a particularly inopportune time for the organization. After all, the CCC is reeling from still-unfolding revelations that over $900 million of its funds were diverted by the Banco Nazionale del Lavorno (BNL) and used by Iraq to buy arms.

4 posted on 12/10/2002 6:46:56 AM PST by honway
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To: All
http://www.freerepublic.com/focus/news/801176/posts

Book on Chinese nuke spying

Prologue:

"Certainly their job became easier as Clinton appointees opened up our nuclear weapons laboratories to scientists from our former Cold War opponents and emphasized "international scientific collaboration," whose major achievement was to expose our scientists to foreign intelligence collectors. As a result, our national nuclear labs were suddenly flooded with visitors from China, Russia, India, even Iran and Iraq—many of them staying on for two years or more."

5 posted on 12/10/2002 6:49:54 AM PST by honway
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To: All
The full report names the companies and foreign governments that helped Iraq create weapons of mass destruction.

--------------------------------------------------

Something tells me I'll never see the full report.

6 posted on 12/10/2002 6:52:54 AM PST by honway
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To: All
http://www.msnbc.com/news/815020.asp

Iraqi negotiator is Saddam’s favorite

LINKS TO AN ATLANTA BANK

Al-Sadi also was responsible for the colossal amount of money required to pay the superweapons bill, U.S. officials say. The vast sums were as carefully and clandestinely collected as the components themselves, requiring an elaborate subterfuge involving, among others, the Atlanta branch of the Banco Nazionale del Lavoro, or BNL, according to U.S. intelligence.

In one of the most bizarre aspects of one of the most bizarre weapons procurement efforts in history, al-Sadi befriended the branch’s manager, Christopher Drogoul, who became the superweapons program’s chief fund-raiser, raising more than $5 billion, U.S. officials say.

In September 1993, Drogoul pleaded guilty to concealing billions of dollars in loans to Iraq, most of which were not guaranteed by the government, a violation of the bank’s internal limits and state and federal laws requiring accurate disclosure to government banking authorities, including the Federal Reserve. Drogoul was sentenced to 37 months in prison.

U.S. officials also say al-Sadi even set out to make a deal that would have permitted the Iraqi superweapons ministry to sell oil directly to a joint venture that included an established U.S. oil company, making American motorists part of the weapons financing scheme.

So that Iraq’s superweapons team had more leverage in the deal, its part of the joint venture was to be managed by a London oil company owned by the brother of one of al-Sadi’s deputies, the man responsible for the Iraqi nuclear weapons program.

That deal fell through only because it was scheduled to be finalized on Aug. 15, 1990, two weeks after Iraq invaded Kuwait.

7 posted on 12/10/2002 7:01:08 AM PST by honway
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To: All
Daily Oklahoman

Iraqi Arms Deals Could Prove Embarrassing to U.S.
Don Ward
05/15/1991

--------------------------------------------------------------------------------

BOCA RATON, Fla. An Iraqi arms dealer who bankrolled a Boca Raton manufacturer is among many who twisted a U.S. government export program to funnel arms to Saddam Hussein, congressional investigators believe.

The investigators are pushing for a probe on the scale of the Iran-Contra hearings. They say the evidence will raise embarrassing questions about an Iraq trade policy so confused that it contributed to causes of the Persian Gulf War.

"U.S. policy seemed to be assisting Iraq in any way possible. We just have to nail down the facts. This is a story they'd rather not have told," said a staffer with the House Government Operations subcommittee that is investigating exports to Iraq.

Israel last year became so disgusted with U.S. arms dealing with Iraq that it marked more than a dozen arms dealers for assassination, says a former Israeli intelligence officer who recently beat espionage charges in New York. Ari Ben- Menashe says among those assassinated was Gerald Bull, who was developing a "super cannon" that could strike into the heart of Israel from Iraq. Bull was shot in the throat on the doorstep of his Brussels apartment on March 24, 1990.

Menashe says Israeli agents also had a hand in last summer's death of Ihsan Barbouti, the arms dealer who bankrolled a cherry flavoring plant in Boca Raton. The official cause of Barbouti's death is a heart ailment, but Menashe says Barbouti was one of 14 arms dealers recommended to Israeli hit squads.

The Boca Raton plant produced a cyanide-based byproduct that could be used in making chemical weapons. It was raided and closed down last September.

Menashe is scheduled to meet with House Foreign Affairs subcommittee members this week to discuss his knowledge of Iraq's chemical arms ring.

Israeli officials in Washington would not confirm the allegations.

But Yuval Rotem, Israeli government spokesman in New York, did not seem surprised by the idea. "We warned the Americans that Iraq was a threat that must be met.

"Two weeks before the invasion (of Kuwait), Israel sent its newly appointed defense minister to Washington to talk with (U.S. Defense Secretary) Dick Cheney about our concerns with Iraq, to make sure they fully understood what was going on in the Middle East. But they refused to do anything about it," Rotem said.

Barbouti funded several plants in the United States that produced parts and technology that may have been used in Iraqi weapons. His dealings have been under investigation by the U.S. Customs Office for three years, but the American businessmen who were his partners say they are being made scapegoats. They contend the investigation has been dragged out to spare the government embarrassment.

"That's been the thesis all along that factions within the government want the issue buried as deep as possible, not as much as a matter of national security as it is about national embarrassment," said Oklahoma City attorney Michael Johnston, who represents two former Barbouti associates.

"Thank God U.S. Customs was on the trail and kept this thing alive, or it would have been swept under the rug and forgotten about," he said.

Barbouti operated internationally through his parent company, IBI Industries, with offices in Houston, New York City, Paris and Frankfurt. Federal officials say he used several front companies and clandestine foreign bank accounts to cloak his transactions.

"The miracle of the war was that Saddam Hussein invaded when he did, rather than wait five years later when he would have had nuclear weapons," Rotem said. "We have Saddam Hussein to thank, because by invading, he exposed his own ambitions. He was our best PR agent. " Saddam extracted arms from just about any U.S. company doing business with him, and that includes Barbouti. If congressional investigators can link Barbouti to this scam, they hope an Iran- Contra style hearing will bring these violators to justice and expose guilty parties within the U.S. government.

Several congressmen are trying to link Barbouti to the more than $4 billion in agricultural exports to Iraq that were approved by the U.S. government. Half of those exports involved illegal purchases of weapons and high-technology equipment instead of food, congressional investigators say.

When arranging to buy agricultural products from U.S. companies, the Iraqis would ask the companies to provide other "sales services," such as supplying spare parts, trucks and military and electronic equipment, federal officials say. Eager to please a large customer, most of the companies complied.

"The Iraqis have clearly extorted money from exporters," said Rep. Charlie Rose, D-N.C., chairman of a House Government Operations subcommittee. "It appears every single American company dealing with them was asked for extra sales services. What we don't know is how many companies came across. "

Rose contends the United States used the credit program to funnel aid to Iraq to avoid offending Israel, perhaps unaware Iraq would use the program to extort military hardware from U.S. companies.

Iraq borrowed the $4 billion from the Banca del Nazionale Lavoro (BNL), a U.S. branch of an Italian bank in Atlanta, before bank regulators found out. In an arrangement that Rose calls fraud, BNL officials were extending more than their legal limits in credits to Iraq without the knowledge of the U.S. government. Iraq is not likely to repay the government-guaranteed loans, so U.S. taxpayers will be left with the bill.

Two businessmen who received funding from Barbouti Bruce Munden of Dallas and Moshe Tal of Oklahoma City also have been hoping for a grand jury indictment against Barbouti's son, Haidar Barbouti, 23, and Arie David, the Barbouti family lawyer.

They, like Louis Champon, who operated the Boca Raton plant, are involved in civil litigation to disassociate themselves from Barbouti. All three are subjects of the federal investigation.

8 posted on 12/10/2002 7:13:00 AM PST by honway
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To: All
Daily Oklahoman

Florida Plant Reported Used to Export Cyanide
09/18/1990

--------------------------------------------------------------------------------

DALLAS (AP) The Iraqi architect of a Libyan chemical weapons complex invested $5 million in a Florida cherry flavoring plant in an apparent bid to export cyanide to the Middle East, a newspaper reported in Sunday's editions.

Two former associates said deceased financier Dr. Ihsan Barbouti used the Boca Raton plant to establish a front through which he could export deadly hydrogen cyanide and the technology to produce it in quantity, The Dallas Morning News reported.

The former associates said Barbouti sought to export the poison to Middle East countries identified by the U.S. government as supporters of terrorism. Barbouti acknowledged contracts with Iraq and Iran, they said.

Barbouti has been identified in Western news reports as the architect of Libyan Col. Moammar Gadhafi's chemical weapons plant in Rabta. He died July 1 in London on lung and heart complications, according to his death certificate. He was 63.

A federal lawsuit filed in Oklahoma City in 1989 claims that Barbouti schemed to take over TK-7 Corp., an Oklahoma City fuel additive manufacturer, so he could have a licensed source of chemicals for diversion the Rabta plant. The lawsuit, filed by TK-7 president Moshe Tal, is still pending.

The president of the Florida flavoring plant said he had no role in the diversion of any toxic material, but acknowledged that at least 150 gallons of a cyanide compound was unaccounted for. The cyanide was a byproduct of a process used to extract bitter almond oil, a concentrate for cherry flavoring, from apricot pits.

The cyanide could have been taken from Product Ingredient Technology Inc. without his knowledge, Louis S. Champon said.

"My feeling is that it was his intention to ship out (cyanide) to overseas," Champon said.

Peter Kawaja, whose company installed a $1 million security system at the plant, said the cyanide was removed during "night trips" to another site in Florida he declined to identify.

"Shipments have left the U.S. and technology has left the U.S.," said Kawaja. "We're talking about the research and development of chemical weapons in the United States."

Kawaja declined to identify the final destination of the potentially lethal chemical.

The newspaper said U.S. Customs and the FBI have accelerated their investigation of Barbouti's role in the flavoring plant since Iraq's invasion of Kuwait last month. They are examining his vast holdings in Dallas, Houston, Oklahoma City, New Orleans, Tennessee, New Jersey and New York.

The federal agencies declined comment.

"If there's an ongoing investigation, we're not going to comment on it. Those are attorney general's guidelines ... I'm not confirming that there is an investigation. I don't know if there is or there isn't," FBI spokesman Jeffrey W. Maynard told The Associated Press on Saturday.

The Central Intelligence Agency also refused to discuss the investigation.

"We decline to comment at this time. I would say, though, that if there is any indication or intelligence of hostile activities we would bring that to the attention of the appropriate law enforcement authorities," CIA spokesman Peter Earnest told the AP.

Customs Service spokesman Cliff Stallings in Miami said Saturday that he had been in Washington last week and was unaware of the case.

"You can quote me saying if it's under investigation, then we won't talk about it," he said.

Barbouti's holdings are 1 controlled by his son, Haidar Barbouti, who lives in New York City. The younger Barbouti has been president and director of 20 to 30 of his father's companies.

There was no answer at Barbouti's Manhattan residence or at the Barbouti holding company, IBI Industries Inc., Saturday.

Champon said he has filed a lawsuit to sever his business ties with the Barbouti family. Champon said he and Barbouti often quarreled about disposal of the waste cyanide and that Barbouti's funding "stopped when we flatly refused to send out any cyanide complex."

"Dr. Barbouti many, many times mentioned that he wanted this cyanide ... shipped to Germany," Champon said of the cyanide waste from the plant.

And according to Kawaja and Champon, the Barboutis asked the plant's architect to computerize the blueprints of the operation without Champon's knowledge.

"They were trying to steal the plans," Champon said.

9 posted on 12/10/2002 7:25:40 AM PST by honway
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To: honway
http://www.gulfweb.org/doc_show.cfm?ID=527

© 1996, American Spectator
By Kenneth R. Timmerman
Document Dated: Nov-01-1996

A former employee of one of the firms exonerated by the Justice Department report now tells The American Spectator that the inquiry may have been papered over for an unsuspected reason. "It wasn't just a Republican scandal, " says Marianne Gasior, a lawyer who worker for Kennametal Inc., a machine-tool-manufacturer located in Latrobe, Pennsylvania. "Hillary Rodham Clinton was directly linked to the network that was involved in a clandestine CIA arms export ring."

Sound incredible? Certainly, the White House thinks so. When we suggested that it sounded a bit odd for an Arkansas governor's wife to be invited in 1990 to join the board of a company that had ties to an alleged arms export network, spokesman Neel Lattimore retorted: "Everything The American Spectator says about Mrs. Clinton is a bit odd, but I'll see if I can get an answer for you." He never did.

Marianne Gasior maintains that the Lafarge Corporation, the U.S. Subsidiary of a French multinational chemicals concern, provided key services for the covert arms export network that supplied Saddam Hussein. To prevent exposure of that secret supply line, and collateral damage to Hillary Clinton-who joined Lafarge board in 1990, just as the arms pipeline was being shut down-Gasior alleges that the justice department was told to bury the investigation.

John Hogan hotly denies this. But investigators from other U.S. government agencies who worked on the case say they were "waved off" whenever they got too close to exposing the direct involvement of the intelligence community in the arms export scheme.

10 posted on 12/10/2002 7:50:18 AM PST by honway
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To: All
Marianne F. Gasior
ATTORNEY AT LAW
420 Atlantic Avenue
Pittsburgh, Pennsylvania 15221

July 15, 1996

VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED

The Honorable Robert E. Rubin
Secretary of the Treasury
1500 Pennsylvania Avenue, N.W.
Washington, D.C. 20220

: Dear Mr. Secretary:

: I am writing to inquire as to the status of the Kennametal investigation : by : the Office of Foreign Assets Control, and to inquire as to whether the : scope : of OFAC's investigation includes the role of First Lady Hillary Clinton : as : a : Director of Lafarge Corporation during the time Lafarge was involved : with : Kennametal and other parties in a conspiracy to commit numerous federal : offenses, including Trading with the Enemy, and to defraud the United : States : via an arms smuggling operation carried out through Lafarge's : Marblehead, : Ohio facilities.

: Documents obtained by Congressional investigators in 1991 clearly detail : Kennametal's violations of the August 2, 1990 Iraqi Trade Embargo, and : indicate a steady supply of the Iraqi war effort by Kennametal : throughout : 1990 and during the Gulf War in early 1991. These documents also show : that : Kennametal products originating in the United States were transhipped to : the : U.K., in violation of the Export Control Administration Act, and then : fraudently marked "made in the E.C.C." for shipment to Iraq. Further : investigation has revealed evidence detailing the path of the shipments : out : of the U.S. via the Ordnance Center located on Lafarge's premises on : Marbelhead Pennisula.

: Under 18 U.S.C. 371, Lafarge is liable as a co-conspirator for the : crimes : committed by Kennematal and others in furtherance of the conspiracy. : Since : the shipments which were in violation of the Trade Embargo and the : Trading : with the Enemy Act occurred between August 1990 and March 1991, the : First : Lady's potential liability as a Director and corporate agent of Lafarge.

: Moreover, serious conflict of interest issues are raised by the fact : that : Lafarge Corporation from 1990 to 1992, I am obviously concerned about : the : posssible correlation between OFAC's continued lack of action and the : First : Lady's potential liability as a Director and corporate agent of Lafarge.

: Moreover, serious conflict of interest issues are raised by the fact : that : Lafarge Corporate and its Board of Directors have been represented by : Buchanan Ingersoll the same law firm that was representing Kennametal in : the : Iraqgate investigations.

: Given the fact that the violations occurred in 1990 and 1991, that : documentation of the violations has been publicly admitted that the : violations occurred, it appears that OFAC has had more than enough time : and : evidence to initiated a criminal prosecution. Please inform me at your : earliest convenience as to the status of OFAC's Kennametal investigation : and : whether the First Lady and Lafarge Corporation are or have been subjects : of : that investigation.

: Very truly yours,

: Marianne F. Gasior

11 posted on 12/10/2002 8:02:54 AM PST by honway
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To: All
http://www.cdi.org/adm/633/

Link

Kennametal, of Latrobe, near Pittsburgh, is a tool and die manufacturer. Its products were used in the tooling for large guns, shells and fuses.

Rep. ROSE: They were sending their products to a company in Britain that's now openly known to have been an Iraqi front organization, and that organization is called Matrix-Churchill. And a young lady who was a lawyer for Kennametal questioned why she was being told to go to a company in Atlanta to get paid for work that the company, Kennametal, had sent to Matrix-Churchill in England.

And what she discovered was that the payment that came through this Iraqi front company in Atlanta was actually from the Rafidain Bank in Baghdad, Iraq. She started asking questions; she got fired.

12 posted on 12/10/2002 1:32:57 PM PST by honway
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To: honway
http://www.kmtspecialtyproducts.com/content/index.cfm

Kennametal Specialty Products

Should you require it, our sinter-HIP and Keziz process can produce parts that are virtually free of pits and flaws for higher performance and reliability. Product certification includes conformance to military and nuclear systems standards.

13 posted on 12/10/2002 1:38:43 PM PST by honway
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To: All
TIME

September 28, 1992

The Cover-Up Defense

A country lawyer challenges the government in an Iraq-gate trial

GEORGIA LAWYER BOBBY LEE COOK HAS MADE A career of goading government. His latest battle is an eleventh-hour effort to derail the Justice Department's prosecution of Christopher Drogoul, the banker accused of making $4 billion in loans to Saddam Hussein's regime before the invasion of Kuwait.

The case was all but closed. In June, Drogoul, 43, former manager of the Atlanta branch of the Italian Banca Nazionale del Lavoro, pleaded guilty to 60 counts of a 347-count federal indictment that accused him of devising an elaborate "off-books" scheme to hide $4 billion in unbacked loans and unauthorized U.S.-backed credits to Iraq. But on the eve of a sentencing hearing that could condemn him to 390 years in prison, Drogoul replaced his public defender with the wily Cook, who moved to vacate the guilty plea.

"This case is the mother of all cover-ups," Cook thundered. "It is not the truth." Cook, echoing charges by Democrats and critics of the Administration's prewar support of Iraq, portrayed his client as a pawn, a bit player used by the Bush Administration to warm relations with Iraq, only to be discarded when hostilities broke out. Cook presented no evidence to support his theory, other than to claim that his client's confession was forced by government pressure. "It got to where he just couldn't swallow it anymore," the lawyer drawled.

But if U.S. District Judge Marvin Shoob allows Drogoul to change his plea this week, it is sure to re-open questions about the government's awareness of the financial chicanery surrounding Iraq's military buildup. Though a retrial by jury would be months away, the specter of the "Iraq-gate" scandal would surely hang, unresolved, over the Bush White House until well after the November election.

14 posted on 12/10/2002 2:56:38 PM PST by honway
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To: All
DECISIONLINE: News
USA TODAY Update
Sept. 15, 1992

Source: USA TODAY:Gannett National Information Network

ATTORNEY MAKES COVER-UP CLAIMS:

The Bush administration Monday was accused of orchestrating "the mother of all cover-ups" over its pre-Gulf war financial dealings with Iraq. Defense lawyer Bobby Lee Cook made the charge in a sentencing hearing for client Christopher Drogoul, who pleaded guilty to making $5.5 billion in illegal loans to Iraq. Cook says he'll prove National Security Agency agents made visits to Drogoul.

15 posted on 12/10/2002 3:09:38 PM PST by honway
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http://www.fas.org/nuke/guide/iraq/agency/nassr.htm

Weapons of Mass Destruction

The Al-Arabi Trading Co. was headquartered in Baghdad, and appears to have been under the control of Iraq's main weapons complex, the Nassr State Enterprise for Mechanical Industries. In 1987, Al-Arabi set up its main procurement front in London, a holding company called Technology Development Group or TDG. In 1987, TDG set up a firm called TMG Engineering [TMG] which was the vehicle used to purchase the venerable British machine tool maker Matrix-Churchill Ltd. and its Cleveland, OH, affiliate Matrix-Churchill Corp.

Matrix-Churchill Ltd. [MCL] was the United Kingdom's premier toolmaker and a major supplier of machine tools to arsenals around the world. It has been in existence since 1923 and its two plants in the United Kingdom employed over 700 people. Matrix-Churchill Corp. was the U.S. sales and service affiliate of MCL and it was established in Cleveland, OH, in 1967.

The military uses of Matrix-Churchill machines are the prime reason Iraq was interested in purchasing the company. Acquiring Matrix-Churchill gave Iraq access, not only to the machine tools, but also the computer programming, tooling, and other components needed to make a wide variety of munitions as well as other applications in aerospace and nuclear industries. The purchase could be construed as one big intelligence gathering operation for Iraq.

The Iraqis also set up a project management division within Matrix-Churchill in 1988. The project management division was established to manage the activities of United States companies that won contracts to work in Iraq. The BNL-financed glass fiber factory at Nassr was the project management division's biggest project.

One of the first moves Iraq made when it took over MCC was to abandon its sales and service operations in favor of setting up a procurement and project management division to procure technology for Iraqi arms complexes like Nassr and Hutteen. The procurement division received inquiries from Iraqi entities interested in purchasing United States equipment and services. The department identified sources of equipment and services, and then inspected, evaluated, and selected United States equipment for export to Iraq. Sometimes Matrix-Churchill would purchase the equipment directly from the United States firm and then ship it to Iraq.

Iraq's front company Matrix-Churchill was able to obtain from the United States a glass-fiber factory for the Nassr state enterprise for mechanical industries -- which was Iraq's prime ballistic missile maker and also an integral cog in Iraq's efforts to enrich uranium through the centrifuge method. One of the Iraqi military's highest priorities was carbon- and glass-fiber technology. Western militaries use carbon and glass fibers extensively in nuclear, missile, aerospace programs. These very lightweight fibers, when mixed with the proper ingredients, can protect metal from temperatures up to 3,000 degrees. For example, carbon and glass fibers can be used to insulate pipe in nuclear reactors. Carbon fiber technology is used to make nose cones and other temperature-resistant parts for rockets. When properly fabricated these fibers can also be used to replace metal in many applications. For example, missile casings and many airplane fuselage parts are made with these fibers. These fibers are lighter and more heat resistant than metal. Carbon fibers can also be used to make parts for high-temperature applications such as uranium-enrichment centrifuges

16 posted on 12/10/2002 3:21:29 PM PST by honway
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To: honway
TIME

October 12, 1992

Who's On Trial?

The cover-up defense in an Iraqgate trial gets its day in court

THROWING OUT A PLEA BARGAIN IS AN UNUSUAL step in the U.S. court system. But just about everything in the continuing legal saga of Christopher Drogoul is unusual. Though Drogoul pleaded guilty in June to 60 of 347 counts that he made $4 billion in illegal loans to Iraq before Saddam Hussein's invasion of Kuwait, a prosecutor announced last week that the government was no longer willing to honor that agreement because the defendant lied throughout his three-week sentencing hearing.

But a trial will also open a Pandora's box of allegations by the former Atlanta branch manager of the Italian Banca Nazionale del Lavoro and his attorney Bobby Lee Cook. They say that senior B.N.L. officials in Rome not only approved the loans to Iraq but that the U.S. and Italian governments were aware of the transactions.

As proof, Drogoul and Cook introduced what they claim is an internal bank document written in Italian and slipped under Cook's hotel room door last week. The document is an executive summary of meetings between bank executives, Italian government officials and representatives of the U.S. government held in Washington in the spring of 1990, including a White House luncheon attended by Italian Ambassador Rinaldo Petrignani and Attorney General Richard Thornburgh. If the document proves authentic, score one for Drogoul's claims of a Bush Administration cover-up of its role in providing loans to Iraq just before the Gulf War.

17 posted on 12/10/2002 4:45:32 PM PST by honway
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To: All
Judicial Order in the BNL Case Issued by Judge Marvin Shoob on October 5, 1992.

UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF GEORGIA, ATLANTA DIVISION

UNITED STATES OF AMERlCA, Plaintiff, v. CHRISTOPHER P. DROGOUL, Defendant

CRIMINAL ACTION 1:91-cr-078-MHS


This case involves billions of dollars raised and loaned in international finance. It involves allegations of an international bank fraud that may have helped pay for Iraq's military build-up. But the more important issue before this Court involves a man's liberty and serious questions about the integrity of our justice system and the almost unreviewable powers of prosecutorial discretion. The Court's judgment and decisions throughout the hearings and motions before it have been guided by its belief that there is a moral component to the Court's involvement in this case the responsibility to do the right thing.


This order will set forth the reasons the Court will grant the Government's motion to recuse and why the Court, on October 1, 1992, orally granted defendant Christopher P. Drogoul's renewed motion to withdraw his guilty plea.


I. BACKGROUND OF THE CASE


For almost three weeks, the Court has heard evidence relating to the sentencing of Mr. Drogoul who entered a guilty plea to 60 counts of a 347-count indictment on June 2, 1992, and faced a life sentence. The indictment centers on charges that Mr. Drogoul, the manager of the Atlanta branch of one of Italy's largest banks, defrauded the parent bank ("BNL") by making some $2 billion in unauthorized loans to Iraq and other countries. A number of these loans were backed by the Department of Agriculture's Commodity Credit Corporation ("CCC"). The indictment also includes charges of tax evasion, making false reports to government agencies and money laundering. Mr. Drogoul is the highest ranking BNL official indicted and the focus of the Government's prosecution.


Mr. Drogoul entered his guilty plea during a three-hour hearing before this Court, following an unusual sequence of events. In the week or so before the plea hearing, Mr. Drogoul announced his intention to plead guilty to all 347 counts of the indictment and to make a full statement about the case. Several days before the plea hearing, however, he agreed to a surprising offer from the Government to plead to only 60 counts and delayed making any meaningful statement. His sentencing hearing began September 14, 1992.


The Government has said that this hearing was highly unusual, more of a mini-trial than a sentencing hearing. The Court agrees that this hearing was unusual, but this has been an unusual case. The Government initially sought the "mini-trial;" at one point before the plea bargain, prosecutors requested three weeks to present evidence rebutting defendant's anticipated statement at the plea hearing. Following the plea bargain, which was initiated by the Government, the Government sought three days to present witnesses. During the sentencing hearing, the Government proceeded to present detailed evidence as to how the money flowed from one account to another, how much money defendant had promised to Iraq and other nations, and how defendant and alleged co-conspirators covered up these transactions.


The Court has never intended to "put the Government on trial," as suggested by the prosecution but only to determine what transpired and Mr. Drogoul's involvement. The Court also points out that a sentencing hearing is not a trial, and the rules of evidence do not apply. Courts are permitted to rely on hearsay and even on the testimony of confidential informants without knowing their identity. In a sense, evidence at a sentencing hearing is not subject to the same testing as that put on at a trial; the Court simply must satisfy itself that the information is "sufficiently reliable."


II. PLEA WITHDRAWAL


On September 21, 1992, after one week of evidence in the hearing, the Court denied defendant's motion to withdraw his plea of guilty. The Court held that defendant had not shown that there was a "fair and just reason" to permit the withdrawal of his guilty plea. September 21, 1992, Order. However, after daily revelations undermining the Government's case, the prosecution announced on October 1 that it no longer opposed defendant's motion to withdraw his guilty plea. Defendant renewed his motion to withdraw the plea.


In the two weeks of testimony following defendant's first attempt to withdraw his plea, defendant presented credible evidence suggesting that the Government had not fully investigated whether defendant's superiors in the bank approved of and were aware of his activities. The Government also furnished to the Court classified documents from the Central Intelligence Agency ("CIA") suggesting that BNL-Rome was aware of Mr. Drogoul's activities and was not a victim of the alleged fraud. Furthermore, defendant named several BNL superiors who knew of his activities and described their involvement. Defendant did not resolve the questions about why he, a clearly intelligent person represented by counsel, entered his plea of guilty on June 2, 1992, and during a three-hour hearing before this Court testified only that his superiors should have known. However, other evidence presented at the sentencing hearing as outlined below raised such serious questions that the Court concluded that these issues could not appropriately be taken up on a motion for downward departure but should be heard at trial. In light of these conclusions and the Government's and defendant's request for a trial, the Court granted the motion to withdraw the plea.


III. RECUSAL


The Government has filed a written motion requesting recusal, and the Court will grant the motion. A judge should disqualify himself from "any proceeding in which his impartiality might reasonably be questioned." 28 U.S.C. [[section]] 455(a). Although the Court believes that it would be able to hear the evidence with an open mind, the Government's concerns that it would not act impartially counsel against this Court remaining on the case. From the evidence presented during the hearing, this Court has reached and voiced certain preliminary conclusions and concerns about this case and the Government's conduct in investigating and prosecuting defendant that may, from the prosecution's viewpoint, interfere with this Court's ability to hear evidence with an open and impartial mind. Furthermore, while some of the concerns raised by this Court may have legitimate explanations, the sheer number of unusual circumstances led this Court to reach these tentative conclusions. Accordingly, the Court will set forth some of the tentative conclusions it has reached in hearing this matter and its reasoning in arriving at those conclusions. Set forth below are the bases for the granting of the motions to withdraw the plea and to recuse.


A. The knowledge of officials at BNL-Rome


The Court concludes that officials at BNL-Rome were aware of and approved Mr. Drogoul's activities. At the very least, BNL-Rome chose to ignore what were obvious signs of Mr. Drogoul's extraordinary relationship with Iraq and his unusual lending practices. In support of this conclusion, the Court notes:


1) Classified reports from the CIA conclude, in part, that a number of high level BNL-Rome officials supported Mr. Drogoul's activities.[1]


2) A senior BNL official, Mr. Monaco, referred an Italian company seeking financing for a major construction project in Iraq to BNL-Atlanta.


3) The former head of BNL's North American operations, Dr. Luigi Sardelli, provided credible testirnony showing that senior officials in Rome approved or had knowledge of Mr. Drogoul's activities.

* Sardelli's letter criticizing defendant's activities was never delivered by the auditor to officials in Rome.

* Instead of auditing or investigating BNL-Adanta, BNL-Rome officials elected to investigate Dr. Sardelli who appears to be the only "straight shooter" in the organization.

* BNL-Rome was an extremely political organization operating more as an agency of the Italian govemment than as a bank.

* Dr. Sardelli voiced his frustration with BNL-Rome in testifying that the BNL-Rome officials sent to the United States to investigate the Atlanta branch after the raid were the officials who should have been investigated.

* Dr. Sardelli testified that he believes officials at BNL-Rome knew of Mr. Drogoul's activities.


4) There is evidence that documents may have been shredded by BNL officials shortly after the raid and that some files and documents are missing.


5) BNL branches in Germany, England and Canada were aware of BNL Atlanta's substantial financing of Iraqi purchases and projects.


6) The Government's witnesses from Morgan Guaranty and the Bank of New York and confidential CIA reports concluded that it was well-known in intemational banking circles that BNL-Atlanta provided substantial financing for Iraq's purchase of agricultural, military and non-military products.


7) The Italian parliament's extensive report on the "BNL scandal" concludes that Mr Drogoul was not a "lone wolf" and that BNL-Rome's failure to adequately supervise the Atlanta branch permitted the continued illegal activity.


8) Mr. Drogoul's co-defendant Paul Von Wedel and Jean Ivey, a BNL-Atlanta employee who was granted immunity, testified that they believed that officials in Rome were aware of BNL-Atlanta's involvement with Iraq's testimony the Court found credible. Mr. Von Wedel also testified that Mr. Drogoul had regular access to Dr. Giacomo Pedde, the director general of BNL, that Mr. Drogoul met with Mr. Monaco, a senior BNL official, in Baghdad, and that Mr. Florio, another senior BNL official, verbally approved early CCC loans to Iraq.


9) Mr. Drogoul's first attorney, Theodore Lackland, testified credibly that several individuals involved with the allegedly fraudulent transactions told him that officials in Rome were aware of the transaction and in fact had in their possession one of the allegedly fraudulent loan agreements (MTL-4).


10) As the "victim" in this matter, BNL-Rome may be able to recover $1-2 billion in unpaid CCC-backed loans to the Iraqis.


11) When notified of the August 4, 1990, raid, Mr. Drogoul returned immediately to the United States, leaving his family in France. He met with BNL officials in New York, was furnished an attorney who was to be paid by the bank, and continued as manager of the Atlanta branch for a week.


12) Mr. Drogoul's chief mentor at BNL in 1986-87 retired from BNL in 1987 and became a consultant at Entrade, a defendant in this case and a participant in the scheme.


B. The Investigation and Prosecution of Mr. Drogoul


The Court has also come to a number of preliminary conclusions about the Government's investigation of this case. Primarily, the Court concludes that prosecutors failed to investigate seriously whether BNL-Rome knew of defendant Drogoul's activities. This failure, coupled with or provoked by the involvement of other departments of the United States Government, indicates an effort to absolve BNL-Rome of complicity in the Atlanta branch loans to Iraq. The Court notes:


1) High-level officials in the Justice Department and the State Department met with the Italian ambassador to discuss the case. They appeared to help steer this case and gave support to BNL-Rome's position that it was a victim in this matter, assuring the ambassador that there "would be no surprises" for the Italians.


2) The Justice Department cancelled investigators' necessary trip to Italy and Turkey, where they intended to interview bank officials and others with knowledge of the transactions and scheme.


3) The Italian ambassador met with then-Attorney General Richard Thorn burgh in Spring 1990 and told him that incriminating BNL-Rome in these transactions would be tantamount to "a slap in the face" of the Italians and would not be understood by the government of Italy


4) The local prosecutor in this matter received one or more highly unusual and inappropnate telephone calls from the White House Office of Legal Counsel about this case, indicating the potential embarrassment level of the case.


5) The draft indictment was delayed by the Justice Department from early 1990 until the end of the Gulf War, February 1991 -- almost one year. Also, the plea bargain in which Mr. Drogoul agreed to plead guilty to only 60 counts rather than 347 and initiated by an assistant prosecutor when the chief prosecutor was out of the city effectively silenced Mr. Drogoul who had announced his intention to make a filll disclosure at the plea hearing.


6) The Government failed to produce and, apparently, made no effort to bring in any knowledgeable bank officials from Rome -- including Pedde, Guadagnini, Monaco, Florio -- for the sentencing hearing.


7) The Government failed to interview Wafai Dajani, despite evidence of his substantial involvement with the scheme, when he was in Atlanta and had agreed to meet with the prosecution. Mr. Dajani, who has ties to the King of Jordan, was not indicted.


8) Investigators were blocked by the Department of Agriculture from interviewing Iraqi officials who were in the United States negotiating CCC guaranties and later were prohibited from travelling to Iraq to interview potential co-conspirators and witnesses.


9) In early 1990, Atlanta prosecutors met with BNL-Rome lawyers, discussing the bank's position as a victim.


10) The American Ambassador to Italy notified the Secretary of State, Justice Department and others in the Fall 1989 that BNL's management was worried about the prosecution of the case and wanted it raised "to a political level" and to achieve "damage control."


11) Matrix Churchill, an Iraqi front company that was a clearinghouse for weapons procurement, was not indicted, although one of its officers was.


12) The Government has provided no credible explanation for its failure to indict Wafai Dajani, Matrix Churchill, Enka, and the Central Bank of Iraq.


C. Intelligence agencies


The Court also tentatively concluded during the course of the hearings that it is likely that the United States intelligence agencies were aware of BNL-Atlanta's relationship with Iraq. For example:


1) The Central Intelligence Agency did not respond to repeated requests from the Court concerning CIA knowledge of and involvement in the activities of the Atlanta branch. The agency's earlier response to the carefully crafted September 1, 1992, request from the Acting United States Attorney was evasive and concerned only knowledge of and involvement in unauthorized funding. The CIA continues to be uncooperative in attempts to discover information about its knowledge of or involvement in the funding of Iraq by BNL-Atlanta.


2) The raw intelligence reports indicate an awareness of extensive funding of Iraq by BNL-Atlanta.


3) There was no explanation as to the intelligence community's awareness or lack of awareness of BNL-Atlanta's role in funding the Iraqi military build-up despite extensive cable traffic between Baghdad and Atlanta and several trips to Baghdad by Drogoul, including one to an Iraqi military fair attended by U.S. officials, such as the U.S. Ambassador.


D. Classified Informatlon


The Court is also concerned that the local prosecutors lacked access to classified information which may have provided evidence on important elements of this case. The September 17, 1992, letter from the CIA to the local prosecutors shows that the CIA was not forthcoming with information it may have about the transactions at issue in this case -- the one area of classified information made available to the Court supports Mr. Drogoul's contention that his superiors approved of his activities. While the Court is well aware that there may be classified inforrnation in support of the Government's theory of this case, the Court is concerned that the prosecutors may have been blocked by agencies with political agendas from developing a full picture of this affair. This is particularly troubling in light of the fact that this information no longer seems relevant to national security and that, even if it is, there are procedures through which the CIA, and other agencies, can make classified information available without revealing sources and methods.


IV. CONCLUSION


These are grave questions as to how the prosecutors made their decisions in this case both as to the nature of the charges and whom to prosecute. It is apparent that decisions were made at the top levels of the United States Justice Department, State Department, Agriculture Department and within the intelligence community to shape this case and that information may have been withheld from local prosecutors seeking to investigate the case or used to steer the prosecution. Furthermore, the Attorney General's exceptional refusal to grant the Congressional request for an independent Counsel in itself raises concerns for the Court about the Government's impartiality in handling this case.


Accordingly, this Court again strongly recommends that an independent prosecutor be named to investigate this matter. The Court also recommends that the trial of Mr. Drogoul and the sentencing of the other defendants in this case be postponed to enable the United States Government to employ its full resources to obtain all the facts rather than to continue with the prosecution's acceptance of BNL-Rome's version that BNL is a victim to avoid embarrassing a foreign government or to contain criticism of a failed foreign policy. The naming of an independent prosecutor in this matter would be an appropriate response to the 1990 Federal Reserve memorandum, commenting that the Iraqis are willing to sacrifice one individual to the vagaries of the United States criminal justice system.


The Court GRANTS defendant's motion to withdraw his plea of guilty and GRANTS the Government's motion to recuse.


IT IS SO ORDERED, this 5th day of October, 1992.


Marvin H. Shoob, Senior Judge

United States District Court

Northern District of Georgia






[1] The Court will not reveal the contents of these documents because they remain classified. However, as the Court will discuss below, the Court is unable to see how they relate to national security and why they should remaun secret from defense Counsel and the public.
18 posted on 12/10/2002 4:57:21 PM PST by honway
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To: honway
http://www.reuters.com/newsArticle.jhtml;jsessionid=PUO5KOUVWAKSICRBAEZSFEY?type=topNews&storyID=1884212

United States, U.N. Under Fire Over Iraq Dossier

Diplomats said the dossier appeared to contain the names of foreign arms suppliers, something that could prove embarrassing for the countries involved, including Security Council members.

19 posted on 12/10/2002 5:35:37 PM PST by honway
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http://www.thenewamerican.com/tna/1998/vo14no07/vo14no07_arming.htm

Arming Saddam

20 posted on 12/10/2002 7:10:53 PM PST by honway
[ Post Reply | Private Reply | To 19 | View Replies]


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