Smuggler’s blues

January 25, 2007 at 2:29 am (Uncategorized)

Title 18, United States Code, Section 1952 “Whoever travels in interstate or foreign commerce with the intent to distribute the proceeds of any unlawful activity or commit any crime of violence to further any unlawful activity shall be fined under this title, imprisoned not more than five years or both; or twenty years if an act of violence occurs; and years to life if a death occurs. This unlawful activity includes crimes of donny.gifextortion, bribery or arson in violation of the laws of the state they are committed in.

This is a great statute utilized by the Federal Bureau of Investigation religiously. As a Special Agent in Bangor, Maine, I was honored to work the former Mohawk War Chief Francis Boot matter. This statute allowed us to open an investigation into his criminal activities. Boots had his eyes on the northeastern Maine tribe of Passamaquoddy Indians. He and others wanted to establish a Mohawk presence on the reservation for the purpose of distributing illegal tobacco products and smuggling them into Canada. Their initial foray into the tribe was to attempt to open and operate an illegal tobacco smuggling operation between the coastal Passamaquoddies and the Maritime Provinces in Canada. The Passamaquoddy Tribe is located in Perry, Maine, which is a coastal community. In this venture, the Mohawks attempted to enlist the cooperation and participation of Passamaquoddy Police Chief Frederick Moore III. They would pay him for his services (bribery under State of Maine law). Additionally, they would drive from the Akwesasne Indian Reservation in upstate New York to Maine to further this scheme (interstate travel or transportation in aid to racketeering). This investigation began in April of 1992.

After being approached and determining what the Mohawks’ plans were, Moore sought assistance from the Federal Bureau of Investigation and was accommodated. He and I operated an undercover sting operation, which lasted between seven and a half to eight months, whereby he played the role of a dirty police chief.

Weren’t the Mohawks and their co-conspirators (eight in all) surprised, when in January of 1993, they were arrested and charged with the ITAR statutes and other violations of federal criminal law.

This case essentially removed Boots from an overwhelming position of power and strength over the Mohawk nation. FBI Director Louis Freeh commended Moore personally for his selfless sacrifice in the face of great personal danger.

This operation is one of the main subjects in a book titled “Chesuncook” which Fred and I are in the process of writing.

By Don Goulet

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Unlawful flight

January 21, 2007 at 1:53 pm (Uncategorized)

passport-big.jpgTitle 18, United States Code, 1073  “Whoever moves in interstate or foreign commerce with intent either to avoid prosecution, or custody or confinement after conviction under the laws of the place from which he flees for a crime or an attempt to commit a crime, punishable by death or which is a felony under the laws of the place from which the fugitive flees, etc., shall be fined under this title or imprisoned not more than five years or both.”

This statute is another bread and butter type matter for which the Federal Bureau of Investigation is well identified with for its enforcement.  Usually, in large offices of the FBI, agents assigned to the violent crime matters address these types of investigations. 

While assigned to the Bangor, Maine, office, several fugitives were arrested from out of state who were wanted in those states for crimes ranging from grand larceny to murder. 

Local fugitives such as Whitey Bulger, Michael Salvatore Caruana, Roderick Hotham, and Ellwyn Cook will be forever watching their backsides due to the broad provisions of this statute.  Bulger is from the Boston, Massachusetts area and currently is an FBI Top Ten Fugitive.  There is a $5 million reward for his apprehension.  Caruana formerly resided in greater Boston and conducted his illegal narcotics distribution network in the northeast, primarily in the Dexter, Maine area.  Roderick Hotham is a well-known Bangor, Maine fugitive who bilked the Durham Bank and Trust in Durham, New Hampshire of $3 million.  Ellwyn Cook is a Mohawk (Native American) fugitive from justice arising out of the Francis Boots’ bribery and tobacco smuggling scheme in 1992.  This investigation was conducted in Eastport, Maine. 

Have a good night gentlemen, although you are out of sight, you have not been forgotten, and may the pursuit of justice haunt you wherever you go. 

The Unlawful Flight statute is also used to track down and arrest the non-custodial parent or guardian of a minor child who may have absconded with the child into another state in violation of a local child custody court order.  Typically, a local police officer or detective makes a request through the local FBI office for a UFAP warrant if all of the following requirements are met:  (1) a local judge issued a felony warrant for the apprehension of the parent or guardian.  This warrant is generally issued for violating a court order as a result of a custodial ruling against the one who left the state with the minor.  (2) Evidence of interstate travel would have to be established by the local police officer or detective.  (3) A written request from an appropriate state authority requesting federal assistance.  Usually, this letter is from the District Attorney’s office.  (4) The requesting authorities would have to commit to extraditing the perpetrator when found and repatriate the victim with his lawful custodian. 

 The UFAP investigation can be used in several other similar matters.  All in all, it is an excellent law enforcement tool.

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Suk what?

January 16, 2007 at 4:05 am (Uncategorized)

In the mid 1980’s, 1986 to be exact, I was assigned to Special 
Operations Group 2 in NYC. Our primary function was to 
perform ground, subway and vehicle surveillances. Somehow, 
on this particular evening I found myself to be the team leader 
for a team of six agents. For approximately two weeks we had 
been following numerous health inspectors throughout the five 
boroughs. Their MO was to go into restaurants, hit the owners 
up for a $250 to $500 bribe and if not paid, they would find the 
restaurant unfit to operate and they would shut it down with a 
great big yellow placard being affixed to the door of the prob-
lematic business.

Well, on this particular evening we were following a pair of NYC 
health inspectors in Chinatown in lower Manhattan. The lead agent 
who was a female and a, good friend of mine, caught these two 
birds going into a Chinese Restaurant. She reported on the radio 
that they had entered the Suk Yo Dik restaurant. When I heard this 
I was flabbergasted. I called her on the radio and asked her to 
"Say again your last.”  She responded the Suk Yo Dik restaurant.  
I then asked her to spell it all out and she responded “Suk Yo Dik 
Restaurant.” I nearly had a conniption fit. The whole team had to 
drive by the restaurant to see for themselves. Sure enough, the two 
birds were out there affixing a yellow placard closing down the place.  
I could imagine the other surveillance agents who overheard this in 
the command post just jumping with glee and could visualize other 
agents nearly driving off the roads as there were laughing so mightily. 
Guess the two birds didn't get what they were looking for.

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Title 18, United States Code, Section 2113

January 8, 2007 at 5:15 pm (Uncategorized)

I’ve always thought a career as a bank robber would be a darn cool thing. Romantic, lucrative and exciting as hell. Plus, you get to sleep late. Leave it to an FBI guy to dash my dreams. Here, former Vietnam combat fighter and federal agent Don Goulet spells out why going the route of a stick-up guy isn’t such a great career move. Thanks, Don. Now I have to stick with this lame reporter gig.

Stated in an abbreviated fashion, this statute defines bank robbery acts committed by one or more individuals. In part, it reads as follows: “whoever, by force, violence or intimidation, takes or attempts to take from the person or presence of another, anything of value belonging to any bank, credit union, or savings and loan association shall be fined under this title or imprisoned not more than 20 years or both.” Aggravating factors such as taking hostages, discharging a firearm, killing someone in the process of robbing a bank, will add to the prison sentence aspect. donny.gif

Although the statute gives primary jurisdiction for investigating bank robberies to the FBI, they are almost always worked jointly with local law enforcement. Combining local and federal resources is often the key to solving these crimes.

During my tenure as an FBI Special Agent, I was assigned to investigate bank robbery matters in Muncie, Indiana, from December of 1982 until June of 1984, and in Bangor, Maine, from November of 1991 until February of 1998. Both FBI offices were responsible for enforcing various federal crimes committed over large territorial areas, including bank robberies.

Accordingly, in the Muncie, Indiana area, I was assigned ten bank robbery matters. During my tenure there, all of these bank robberies were solved, due mostly to the efforts of the Indiana State Police who were superb in these types of investigations.

One particular bank robbery comes to mind. There were several “black Muslims” terrifying a three-state area by committing frequent bank robberies to feed their daily drug habits. They would rob a bank, and then spend most of the loot buying cocaine and other drugs until the bank robbery money ran out. They would then plan and rob another bank in another state.

In the fall of 1983, they had robbed a bank in Anderson, Indiana, while being heavily armed. This was part of the Muncie FBI office territory. After the bank robbery, they went into hiding locally. The FBI assigned the matter to me. A highly respected deputy sheriff from Marion County, Indiana, Sam Hanna, developed information concerning the identity of these perpetrators (six in all) and approached me with this information. He had a witness in tow. The information provided proved to be accurate, resulting in the arrest of the six in neighboring Illinois. Sam, his witness, and I had broken the backs of six real mean dudes. My recollection is that all six received 40-year prison sentences, as they were prosecuted under more stringent state statutes.

In Bureau jargon, the bank robberies came under the category of “reactive crimes.” Simply put, a violent federal crime occurs and the FBI reacts by investigating the crime immediately.

On another occasion, in Muncie territory, a large black female from Indianapolis hired a taxicab to drive her from her home to Kokomo, Indiana, where she robbed a bank. She had asked the cab driver to wait while she went into the bank. At the time, she was wearing a large yellow raincoat. After the bank robbery, she re-entered the cab and was driven back home. I was assigned this reactive matter. By the time I was ready to leave the office to begin a round of interviews with the victim tellers and others, the Indiana State Police called and stated that they had the robber in custody. Through interview of the cab driver, they had obtained information concerning this lady. She was subsequently arrested. Case closed!!

While assigned to the Bangor, Maine FBI office, Special Agent Paul Palumbo and I received information that a bank had been robbed near Dexter, Maine, in the town of East Corinth. Guns had been displayed and the victim teller had been tied up with a telephone cord. Paul, a brand new agent, was assigned this matter. I was his training agent. He and I investigated the robbery in cooperation with the Maine State Police. Paul and I relentlessly pursued the two perpetrators who had committed this crime, working 24 hours a day straight, realizing that the trail would get cold as time passed. We were able to obtain a nickname for the driver by putting pressure on peer groups in the area, almost accusing them of being involved in the bank robbery. The Maine State Police, through their investigative technique, were able to identify a stolen truck that was used in the bank robbery. The nickname was that of an individual associated with the stolen truck. Both combined facts led to the arrest of two individuals for bank robbery. The Maine State Police performed superbly in this investigation. The results were two bank robbers arrested and convicted for violation of Title 18, United States Code, Section 2113, bank robbery. Under federal statute, these two individuals were imprisoned for eight years at a federal penitentiary.

If you decide to rob a bank, realize that if you are caught, you will do heavy time. Think about it. As Baretta used to say, “If you can’t do the time, don’t do the crime.”

 

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Meet Don Goulet

January 5, 2007 at 3:05 am (Uncategorized)

 

In the past year or so, I’ve had the honor of knowing and working with former combat soldier and FBI agent Don Goulet. The man, when coaxed, can tell the most amazing stories, each a little more hair-raising than the last. He’s currently at work co-authoring a book about his combat experience and his undercover work with the FBI in northern Maine. In the meantime, he’ll be writing the occasional piece for Above the Fold and I started by asking him to jot down his autobiographical information. What follows is a resume that would impress Oliver Stone. Meet Don Goulet. And stand by for more tales from the trenches.

Born October 8, 1947 on Lincoln St, Lewiston, Maine of French Canadian Roman Catholic parents, Tony and Cecile. Educated at St Peter and Paul grammar school and St. Dominic High School (class of 1965).

donny.gifEnlisted in the United States Marine Corps in February of 1966 and volunteered for duty in Vietnam in July. Arrived in Vietnam in October 1966 and during 11 months, fought in several battles being wounded three times, twice in one battle. Received two purple hearts and combat citations. The most significant battle was Operation Swift where Father Vincent Capodanno lost his life and received the Congressional Medal of Honor. I have been devoted to Father Cap since. He is currently being considered for sainthood by the Catholic Church.

Married Donna Lee Nelson on August 30, 1969 and am still married to this remarkable woman. She bore our three children, Karen (35), Keith (33) and Kristen (30). We have four grandchildren ranging in age from four years to six months.

Attended the University of Maine in the fall of 1965 and again in January of 1969 until January of 1972. Was awarded a Bachelor of Science Degree in Wildlife Management. Served as a Customs Inspector from September of 1972 until February of 1982 when I was sworn in as a Special Agent with the Federal Bureau of Investigation. As a Customs Inspector, served in the ports of St. Aurelie in Northwestern, Maine, Jackman, Maine, Montreal, Canada and Calais, Maine. Enforced smuggling and drug statutes as well as currency smuggling statutes. Made numerous arrests along those lines.

As an FBI Special Agent, I served our country in Muncie, Ind., New York City (7 years), Bangor, Maine (7 years) and finally, Boston, Massachusetts. My wife and family faithfully accompanied me throughout my career without complaint. As an FBI Special Agent, I received numerous assignments in various fields of criminal law enforcement. I was honored to work public corruption,civil rights, frauds and swindles, bank robberies, prostitution, narcotics distribution, murders, and other significant matters. I had a brief participation in the John Gotti installation of electronic recording devices at the Ravenite Club in lower Manhattan.

I also worked the Hell’s Angels New York Chapter on the East side of Manhattan. For 12 months in New York City, while working surveillance, I and a team of other Special Agents relentlessly pursued Bonanno crime family member Tommy Karate Pitera following him wherever he went.

After my transfer to Bangor, Maine I was heavily involved in the Francis Boots case involving attempted bribery of Native American Police Chief Frederick Moore of the Passamaquoddy tribe of Indians. I was also involved in several highly sensitive Native American Matters dealing with fraud, theft from Indian organizations etc. I was deeply involved in the fugitive investigations of Salvatore Micky Caruana, Roderick Hotham and to a much smaller degree, Whitey Bulger.

During my service in Bangor, Maine I received six exceptional performance awards from 1992 until 1997 when I became mentally ill and dependent on alcohol. In February of 2002 I retired from the FBI and federal government service. In 2005, Donna and I returned to our hometown, Lewiston Maine.


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