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Secret US spying program targeted top Venezuelan officials, flouting international law

by JOSHUA GOODMAN and JIM MUSTIAN
 
Part 2 - TARGETING MADURO
 
The never-before-seen document was authored at the cusp of Republican President Donald Trump’s “ maximum pressure ” campaign to remove the Venezuelan president.

Maduro had just taken an authoritarian turn, prevailing in what the Trump administration decried as a sham re-election in 2018. Within weeks, senior DEA officials plotted to deploy at least three undercover informants to surreptitiously record top officials suspected of converting Venezuela into a narco state.

But because the plan appeared to run roughshod over Venezuelan and international law, it required the approval of what is known as the Sensitive Activity Review Committee, or SARC, a secretive panel of senior State and Justice Department officials that is reserved for the most sensitive DEA cases involving tricky ethical, legal or foreign policy considerations.

It marked an aggressive expansion of “Money Badger,” which the DEA and prosecutors in Miami created in 2013 and would go on to investigate around 100 Venezuelan insiders, according to two people familiar with the operation who spoke on the condition of anonymity to discuss law enforcement details.

By authorizing otherwise illicit wire transfers through U.S.-based front companies and bank accounts, the DEA aimed to unmask the Colombian drug traffickers and corrupt officials leveraging Venezuela’s tightly controlled foreign currency exchange system to launder ill-gotten gains. But it expanded over time, homing in on Maduro’s family and top allies, although the president would end up being indicted elsewhere, by the U.S. Attorney’s Office in Manhattan, on drug trafficking charges.

None of the indictments of Venezuelans either before or after the 2018 memo made any mention of U.S. spying. And “to limit or mitigate the exposure of the unilateral activities,” the document advised DEA officials to protect their informants and curtail in-person meetings with targets.

It is not clear if ”Money Badger” is still ongoing.

Since Democratic President Joe Biden took office in 2021, his administration has rolled back sanctions and brought few new prosecutions of Maduro insiders as the Justice Department’s attention has turned to Russia, China and the Middle East. The Biden administration has also sought to lure Maduro back into negotiations with the U.S.-backed opposition, threatening to re-impose crippling oil sanctions if the OPEC nation doesn’t abide by an agreement to hold fair and free elections this year.

The operation targeting Maduro’s inner circle is not the first time the United States has conducted law enforcement operations overseas without notifying a host country.

In 1998, Mexico castigated the United States for keeping it in the dark about a three-year money laundering sting known as “Operation Casablanca” — partly conducted on Mexican soil — that implicated some 160 people, including several bank executives.

Notably, legal experts say no international court or tribunal has jurisdiction to hold the United States or its agents accountable for covert law enforcement actions in other countries, and the U.S. Supreme Court has upheld arrests and evidence collected on such missions.

Evan Criddle, a law professor at William & Mary in Virginia, said international law forbids undercover operations such as those described in the memo that take place in another country’s territory without consent. He expects the release of the memo to “cause some embarrassment to the United States, prompt Venezuelan diplomats to register their objections and potentially inhibit future cooperation.

Several current and former DEA officials who examined the memo told the AP they were surprised less by the brazenness of the plan than the agency’s acknowledgement of it in internal documents.

It’s very rarely done simply because there’s always that potential of it blowing up in the U.S. government’s face,” said Mike Vigil, the DEA’s former chief of international operations. “But Venezuela had already become a rogue state. I think they figured they had nothing to lose.

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