CUBA NEWS
February 9, 2004

CUBA NEWS
The Miami Herald

U.S. identifies 10 companies controlled by Cuban governments

By Nancy San Martin, nsanmartin@herald.com. Posted on Mon, Feb. 09, 2004

In an unprecedented move to further tighten U.S. sanctions against Cuba, the Treasury Department on Monday identified 10 companies controlled by the Cuban government that allegedly help Americans break the law by offering travel packages and selling products via the Internet that are forwarded to residents on the the island for a fee.

Officials said bank accounts, wire transfers and other assets that fall under U.S. jurisdiction would be frozen as a way to keep earnings from the illegal transactions out of the hands of Fidel Castro's government.

The department's action, involving nine Cuba-affiliated entities with offices overseas that specialize in travel to Cuba and another company that deals with gift purchases, is part of heightened enforcement emerging from President George W. Bush's call for more stringent action for violations prohibited under U.S. law.

''We're cracking down. We mean business,'' Treasury Secretary John Snow said during a visit to Miami. ''We're cutting off American dollars headed to Fidel Castro, period.'' The companies targeted include: Havanatur S.A., a leading tour operator in Cuba with offices in Argentina, the Bahamas and Chile; Cubanacan Group, a Cuban tourist group with offices in Cuba, the Netherlands and England; Cimex, which is owned by the Cuban government and also owns 2904977 Canada Inc., which is based in Montreal.

The crackdown also extends to La Compania Tiendas Universo S.A., an Internet company owned by Cubancán Group that sells items such as food, appliances and cosmetics that can be shipped to the island.

3 car-boat Cubans given reprieve

Three of 11 Cubans who tried to reach the United States in a boat fashioned from a 1959 Buick automobile have been granted a reprieve from repatriation.

By Tere Figueras and Charles Rabin. tfigueras@herald.com. Posted on Sat, Feb. 07, 2004.

A Cuban mother, father and their child -- part of a group whose failed attempt to cross the Florida Straits in a floating Buick car landed them in Coast Guard custody -- cannot be returned to the island before Monday, a federal judge ruled Friday.

Lawyers for the Democracy Movement, a Cuban exile group, argued for the emergency injunction before U.S. District Judge Federico A. Moreno, saying that all 11 Cubans on the car-boat should be allowed entry to the United States.

Moreno, however, granted a temporary stay only for the three people specifically named in the Democracy Movement motion: Luis Grass Rodríguez, wife Isora Hernández and their 4-year-old son, Angel Luis.

Grass, who gained fame as one of the masterminds behind a floating 1951 Chevy truck that also failed to make it to U.S. soil last year, was eligible for a U.S. visa along with his child, lawyers said. But, they said, persecution in their Havana neighborhood forced them to flee.

Moreno postponed a decision on the family's future because of uncertainty over their immigration status and conflicting arguments about the court's jurisdiction.

The fate of the other eight aboard the floating '59 Buick, which set off from Havana Monday, was not addressed by Moreno.

Neither the State Department nor the U.S. Coast Guard would comment on the case.

The eight not covered by Moreno's order still face repatriation -- but there is still a glimmer of hope, according to exile leaders, who say they were told the group may be sent to the U.S. Naval base in Guantánamo Bay, Cuba.

''We are thrilled that they are considering this case of the 11 Cubans,'' said Joe Garcia, executive director of the Cuban American National Foundation, who declined to elaborate on his source of information.

He said he has heard the group may be sent to Guantánamo. Cubans intercepted at sea are generally repatriated, but those who show a ''credible fear'' of persecution can be taken to the naval base, where their asylum claims undergo further evaluation.

Garcia, who this week blasted the Bush administration for what the foundation labeled a failure to make good on promises to Cuban-American constituents, said the plight of the Buick's 11 occupants was yet another symbol of the shortcomings of current U.S.-Cuba policies.

''This administration is scrambling to regain the confidence of the Cuban-American community, which it is losing through indifference and neglect,'' he said.

U.S. Rep. Ileana Ros-Lehtinen said the possibility of entry to Guantánamo fell short of the migrants' goal.

''Their obvious, direct choice is the United States, and liberty and freedom,'' said the Republican congresswoman, who said her office would work to help the Cubans find entry to a third-party country should they be sent to the naval base.

In federal court, federal prosecutor Dexter Lee denied any of the Cubans had passes to the United States and argued Moreno had no jurisdiction over migrants at sea.

Moreno, who acknowledged the migrants faced a ''high hurdle,'' said he preferred to postpone his final decision after briefly listening to both sides.

''I am going to be cautious so I do not err,'' he said, setting a hearing for Feb. 16.

Another man on the boat, Grass' childhood friend Marcial Basanta López, also attempted an escape aboard the Buick and the Chevy truck, leaving his South Florida family baffled over why his status is different from that of Grass'.

''He and Luis are always together, like brothers. They were both the leaders in both trips,'' said Basanta's cousin, Kiriat López. "How can they say one is persecuted and the other not?''

After the aborted trip aboard the customized Chevy ''truck-boat,'' Basanta and Grass had to scrounge once again for meager income, their relatives say. When they decided to try another automotive escape aboard a friend's old Buick, Basanta sold what little he had to buy supplies on the black market.

''The only thing left in his house is the freezer,'' López said.

"Anyone who thinks they are coming here because they want to eat ham-and-cheese sandwiches and drink Coca-Cola is crazy. They want to be free.''

Scam artist promised money from Castro, indictment says

A convicted scam artist has allegedly concocted a new scheme mixing spies, the CIA and Fidel Castro, according to an indictment.

By Larry Lebowitz. llebowitz@herald.com. Posted on Sat, Feb. 07, 2004

The convicted scam artist devised the quintessential Miami story to rope in his potential victims: Cuban exiles with plenty of anti-Castro passion and money to burn.

Roberto Martin told them he was a former Cuban intelligence officer who had defected after helping steal millions dollars of the dictator's money. Martin and a pal posing as a Secret Service agent said they were working, as part of a secret CIA operation, to bring the money stateside, according to an indictment unsealed Thursday.

Anyone willing to finance some of the front-end costs would be rewarded with untold millions -- riches made all the sweeter because they were coming from the pockets of El Barbudo, Fidel Castro himself.

Martin, 36, of Miami Lakes, was charged Thursday with conspiracy and impersonating a federal agent, among other crimes. It wouldn't be his first time posing as a spy, records showed.

In April 1996, Martin strolled into the offices of the Cuban American National Foundation and announced that he had been sent to kill radio host Ninoska Perez Castellon, the late CANF chairman Jorge Mas Canosa and President Francisco ''Pepe'' Hernandez. Martin, who arrived by raft in 1994, claimed he was supposed to blow up the foundation headquarters with a van filled with explosives.

The news of Martin's latest arrest brought back memories for exile leaders.

''He's a scam artist,'' Perez said.

At the time, Martin had many details about safe houses and beeper numbers of key Cuban personnel, seeming to indicate he had bona fide intelligence contacts on the island. Donald Warshaw, who was Miami police chief at the time, told reporters he believed Martin was a spy.

But after Martin started weaving his tale of espionage and intrigue, dozens of residents swarmed the CANF offices, accusing Martin of running small-scale gold bullion scams.

'NOT STABLE'

''This guy was not stable. He's not a dummy. He's very intelligent,'' Perez said. "But he kept trying to draw attention to himself -- and that's when he would be found out.''

Martin pleaded guilty in August 1997 to one count of organized fraud, 17 counts of grand theft and three counts of petty theft and was sentenced to 10 years of probation, including regular hospitalization. Records show his probation was terminated early, in November 2002 -- around the time the new scheme started.

In the new indictment, Martin was charged with conspiracy, mail fraud, being a felon in possession of a weapon and impersonating a federal agent -- in this case, a CIA operative. Another defendant, Christopher A. Johnson, 26, of Hialeah, is charged with conspiracy and impersonating a real Secret Service agent whose business cards he was carrying.

Many questions remain unanswered. And federal prosecutors, FBI and Secret Service agents aren't talking beyond the nine-page indictment.

It was unclear how much money the four participants, identified only by their initials, gave to the defendants.

Prosecutor Curtis Miner repeatedly described the four as ''participants'' -- not victims -- in the scheme.

When the participants asked Martin to return their money, he would write checks that bounced from two business accounts.

APPEARED TO BE RICH

What is clear: Martin went to great lengths to make it appear that he had access to great wealth. Even though he was a convicted felon, he carried a gun to most of the meetings, as well as a law-enforcement style badge case.

At the start of the scam, in October 2002, Martin signed letters allegedly promising ''gifts'' ranging from $300,000 to $50 million.

In April, Martin and Johnson, who posed as Secret Service agent Chris McClenic, signed a document that claimed $3 million had been transferred from a Salomon Smith Barney brokerage account to one of the participant's personal bank accounts.

In mid-May, Martin signed another document, supposedly releasing the same $3 million from one of his business accounts to a personal account of the same person. He signed another document, supposedly releasing $1 million to another participant.

Just before Memorial Day, Martin sent two of the participants letters stating their ''personal appearance and presence'' were required ''at the opening of the New York Stock Exchange'' on May 30.

On May 29, Martin and Johnson met with three of the participants at a New York City hotel, where they discussed the anticipated amounts the participants in the alleged ''secret operation'' would receive. Johnson was also toting a weapon and wearing a radio-style earpiece.

It is unclear whether any of them went to the stock exchange.

Perez and other exiles said Martin had recently been making the rounds of charitable groups and socialite circles portraying himself as an investment banker on the verge of a vast inheritance.

''He was doing it again,'' Perez said. "Drawing attention to himself.''

Car-boaters gain support

Cuban-American leaders ask that 11 would-be migrants aboard a car-boat that was stopped at sea be allowed entry into the United States.

By Tere Figueras. tfigueras@herald.com. Posted on Fri, Feb. 06, 2004

As families on both sides of the Florida Straits fretted over the fate of 11 Cubans -- who failed this week to pilot a Buick car-boat to freedom -- exile leaders amped up efforts to bring them to the United States.

Lawyers working with the Democracy Movement filed an emergency motion in federal court in Miami to try to bar the U.S. Coast Guard from sending the Buick's passengers back to Cuba.

A hearing on the motion -- which also asks the judge to extend the requested injunction to all migrants picked up at sea, including Haitians and Dominicans -- is scheduled for 2:15 p.m. today before U.S. District Judge Federico A. Moreno.

''The purpose is to stop the federal government from sending these Cubans back,'' said Democracy Movement founder Ramón Saúl Sánchez, who said now-famous images of floating vintage automobiles in the straits make the Cubans easy targets in their homeland.

``This is an embarrassment to Castro. They can't go back.''

Adding to the urgency to stop the 11 Cubans' return: a father and son who were aboard the Buick already have visas to the United States, according to U.S. Rep. Lincoln Díaz-Balart's office.

Neither the Coast Guard nor the State Department would address the fate of the Buick or its occupants Thursday, citing policies of not commenting on ongoing migrant cases.

The sea-foam-colored Buick, powered by its original V-8 engine and makeshift propellers welded to the drive shaft, slipped away from the Cuban coast about 8 p.m. Monday.

The 11 Cubans -- three of whom attempted a similar trip last year aboard a floating 1951 Chevy pickup -- were stopped Wednesday about 10 miles from Marathon.

They are in Coast Guard custody, according to exile leaders and lawmakers who say they have been told repatriation is imminent and that the Buick was sunk.

The possibility of a return trip for the 11 passengers, including five children, drew harsh words from the Cuban American National Foundation.

''What is sad is that this administration got into office on the support of the Cuban-American community,'' said CANF Executive Director Joe Garcia, who said the White House ``should not continue to make victims of failed U.S. policy.''

Rep. David Rivera of Miami -- one of 13 Florida Republican state lawmakers who signed an August letter to the president warning that he could lose their support in a crucial election year unless he adopted a tougher Cuba policy -- said the Buick's plight is significantly poignant.

''This incident once again highlights the Bush administration's need for a comprehensive review and reassessment'' of current immigration policy, said Rivera, ``including issues related to retaliation by the Cuban government and due process by the U.S. government.''

The two Cubans with U.S. visas are Luis Grass Rodríguez -- one of the original masterminds behind the Chevy ''truck-boat'' -- and his 4-year-old son, Angel Luis, who were granted visas after the Chevy was interdicted in July.

But Grass' wife, Isora Hernandez, who joined her family aboard the Chevy, was one of those denied visas.

''That is why they threw themselves in water again, the Buick,'' said her brother, Ruben García, who emigrated legally to Miami Springs in 1994 by virtue of his American-born father.

Díaz-Balart has intervened on Grass' behalf with a letter to Roger Noriega, assistant secretary of state for Western Hemisphere affairs.

Noted immigration attorney Ira Kurzban said that although the motion requesting an emergency injunction is wrapped in the complicated context of U.S. policy, there is still hope of success.

''It strikes me as a difficult case, but there are theories that could allow the judge to properly enter a temporary restraining order,'' he said, noting that Grass' immigration status could prove pivotal.

''He has a visa. There's nothing that says you have to enter the U.S. by plane,'' he said. "You can come by paddle boat, towboat -- or a Buick for that matter.''

 

 


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