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10 - PEOPLE/(A-G)/Carlos Cardoen.md
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@ -56,7 +56,7 @@ A former contractor for the CIA described Cardoen as "an all-purpose asset, desi
### Miami arrest, Swissco and the Senate report
[[Kenneth R. Timmerman]] wrote that on August 2, 1983, U.S. Customs officers arrested Cardoen in Miami over night-vision goggles bound for Chile and that the case ended in a plea bargain with a 100,000 dollar fine on his company; a declaration by Howard Teicher dates the arrest to 1983 in a Miami sting concerning night-vision goggles bound for Cuba and Libya.[^7][^8] Teicher's corrective declaration of October 3, 1996 states that, although he understood Cardoen had been arrested, "the other information in this paragraph is incorrect."[^9]
[[Kenneth R. Timmerman]] wrote that on August 2, 1983, U.S. Customs officers arrested Cardoen in Miami over night-vision goggles bound for Chile and that the case ended in a plea bargain with a 100,000 dollar fine on his company; a declaration by Howard Teicher dates the arrest to 1983 in a Miami sting concerning night-vision goggles bound for Cuba and Libya.[^7][^8] Teicher's corrective declaration of October 31, 1996 states that, although he understood Cardoen had been arrested, "the other information in this paragraph is incorrect."[^9]
The Senate report records that the CIA employed [[James D. Theberge]] on its Senior Review Panel from January 1986 to January 1988, and that during much of that period he was a consultant to [[Swissco Management Group]], "a subsidiary of Cardoen Industries of Chile." Theberge had been U.S. ambassador to Chile from 1982 to 1985. The report states that Theberge disclosed the Swissco work and its Cardoen parentage in the personal history statement he gave the CIA in December 1985, that [[William J. Casey]], John McMahon and James Taylor were involved in his recruitment, and that there was no evidence Gates took part. It states that "Between 1984 and 1988, Cardoen Industries was of significant intelligence interest to CIA, which believed Cardoen was the primary supplier of cluster bombs to the Iraqi government, and an important supplier of other categories of ordnance to Iraq and other Middle Eastern states."[^4] Swissco Management Group, Inc. is among the eight defendants in the 1993 indictment.[^5] The Commerce Department order of September 11, 1995 states that Swissco Management Group, Inc., of Miami Lakes, was convicted on August 7, 1995 of exporting zirconium from the United States to Chile in violation of the terms of a Commerce export license.[^10]
@ -70,13 +70,13 @@ In September 2022 the Chilean investigative outlet [[CIPER Chile|CIPER]] reporte
The zirconium counts concern ordnance-grade zirconium sponge and compacts exported to Chile. The Eleventh Circuit wrote that Cardoen supplied the exporter with false end-use statements describing the zirconium as a booster material for industrial explosives, and that "The zirconium was used as an incendiary agent in cluster bombs that Cardoen was selling to Iraq for use in the Iran-Iraq war."[^13] The district court's order of 1994, reissued in 1995, noted Cardoen's "present fugitive status."[^5] On March 22, 1994 the court dismissed Counts II through VI against Teledyne on statute-of-limitations grounds.[^5]
Edward A. Johnson, a sales manager at Teledyne Wah Chang Albany, was convicted by a jury on four counts, and the Eleventh Circuit affirmed in 1998.[^13] A State Department notice records that Teledyne Industries pleaded guilty in the Southern District of Florida on January 26, 1995.[^14]
Edward A. Johnson, a sales manager at Teledyne Wah Chang Albany, was convicted by a jury on four counts, and the Eleventh Circuit affirmed in 1998.[^13] A State Department notice records that Teledyne Industries pleaded guilty in the Southern District of Florida on January 26, 1995.[^14] The Eleventh Circuit stated that the district court, after a Classified Information Procedures Act hearing and in camera review of CIA documents, "found no evidence supporting Johnson's theory that the CIA had secretly arranged to supply Cardoen with zirconium," and agreed after its own review.[^13] The pretrial order records a January 1984 CIA debriefing of a Teledyne employee who said Teledyne had supplied 13 million zirconium pellets to Cardoen.[^5] The indictment against Cardoen and others was returned on May 26, 1993, in 21 counts.[^5]
A witness identified as "Linda C." of the CIA Directorate of Operations, who reviewed the agency file on Cardoen covering 1984 to 1993, testified at the classified-information hearing that Cardoen "was not an agent or source of intelligence for the United States government; on the contrary, Cardoen was a target; that is, an individual of intelligence interest to the government." The court adopted that conclusion for purposes of the hearing, and wrote that the Senate report "corroborates" it.[^5]
On January 31, 1995, Teicher signed a declaration in the case stating that "the CIA authorized, approved and assisted Cardoen in the manufacture and sale of cluster bombs." [[Robert Parry]] reported that the government sealed it as a state secret while attacking Teicher's credibility, and that Teicher was blocked from testifying.[^8][^15]
On January 31, 1995, Teicher signed a declaration in the case stating that "Under CIA Director Casey and Deputy Director Gates, the CIA authorized, approved and assisted Cardoen in the manufacture and sale of cluster bombs and other munitions to Iraq," and, in paragraph 18, that Casey "directed the Secretaries of the State and Commerce Departments that the necessary licenses required by Cardoen were not to be denied." [[Robert Parry]] reported that the government sealed it as a state secret while attacking Teicher's credibility, and that Teicher was blocked from testifying.[^8][^15]
The United States served a corrective declaration signed by Teicher on October 3, 1996, with a notice of filing served November 8, 1996. In it Teicher wrote that attorneys for Teledyne had prepared the January declaration and faxed it to him, that he had not reviewed his National Security Council files since 1987, and that his statements in paragraphs 15 through 18 were his best memory and belief and not "categorical statements of fact." He wrote that he is "not aware of any specific evidence that the United States government or any government official or agency took steps to help Cardoen obtain any U.S.-origin components for use in cluster bombs." The corrective declaration does not address paragraphs 1 through 14 of the January declaration; as to paragraph 17 he wrote that, although he understood Cardoen had been arrested, "the other information in this paragraph is incorrect."[^9]
The United States Attorney's office filed a corrective declaration signed by Teicher on October 31, 1996, with a notice dated November 8, 1996. In it Teicher wrote that attorneys for Teledyne, a co-defendant, had retained him in December 1994 and had prepared the January declaration and faxed it to him, that he had not reviewed his National Security Council files since 1987, and that his statements in paragraphs 15 through 18 about what his files "will contain" were beliefs, and his best memory and belief, and not "categorical statements of fact." He wrote that he is "not aware of any specific evidence that the United States government or any government official or agency took steps to help Cardoen obtain any U.S.-origin components for use in cluster bombs." The corrective declaration does not address paragraphs 1 through 14 of the January declaration; as to paragraph 17 he wrote that, although he understood Cardoen had been arrested, "the other information in this paragraph is incorrect."[^9]
The United States formally requested Cardoen's extradition in March 2019. The International Consortium of Investigative Journalists reports that the Chilean Supreme Court rejected the request in March 2020; Emol reports that the Second Chamber of the Supreme Court unanimously rejected it on August 24, 2020, confirming a first rejection in March 2020 by the instructing minister Carlos Aranguiz, on grounds of dual criminality and prescription.[^16][^17]
@ -89,8 +89,8 @@ The United States formally requested Cardoen's extradition in March 2019. The In
[^5]: *United States v. Cardoen*, 898 F. Supp. 1563 (S.D. Fla. 1995) (Highsmith, J.), No. 93-241-CR, reissued order on hearing under section 6 of the Classified Information Procedures Act (original order December 28, 1994), https://static.case.law/f-supp/898/cases/1563-01.json.
[^6]: Friedman, Alan. *Spider's Web: The Secret History of How the White House Illegally Armed Iraq*. Bantam, 1993, pp. 46-54, 64.
[^7]: Kenneth R. Timmerman, *The Death Lobby: How the West Armed Iraq* (Boston: Houghton Mifflin, 1991), p. 169.
[^8]: Declaration of Howard Teicher, January 31, 1995, *United States v. Cardoen*, No. 93-241-CR-HIGHSMITH, as transcribed at http://spikethenews.blogspot.com/2016/01/the-teicher-affidavit.html.
[^9]: Declaration of Howard R. Teicher (corrective), *United States v. Carlos Cardoen et al.*, No. 93-241-CR-Highsmith (S.D. Fla.), dated October 3, 1996, with the United States' notice of filing served November 8, 1996, paragraphs 2 to 7, https://archive.org/details/utf-893cr-241-de-679.
[^8]: Declaration of Howard Teicher, executed January 31, 1995, *United States v. Carlos Cardoen et al.*, No. 93-241-CR-Highsmith (S.D. Fla.), paragraphs 1 to 18 (filed copy, 7 pages). National Security Archive Electronic Briefing Book No. 82, document 61. https://nsarchive2.gwu.edu/NSAEBB/NSAEBB82/iraq61.pdf
[^9]: Notice of Filing Corrective Declaration (U.S. Attorney William A. Keefer, by AUSA Frank H. Tamen) with Declaration of Howard R. Teicher dated October 31, 1996, *United States v. Carlos Cardoen et al.*, No. 93-241-CR-Highsmith (S.D. Fla.), docket entry 679, certificate of service November 8, 1996, paragraphs 1 to 7. https://archive.org/details/utf-893cr-241-de-679
[^10]: Department of Commerce, Bureau of Export Administration, "Action Affecting Export Privileges; Swissco Management Group, Inc.; Order Denying Permission To Apply for or Use Export Licenses," dated September 11, 1995, 60 Federal Register 48964-48965 (September 21, 1995), FR Doc. 95-23363, https://www.govinfo.gov/content/pkg/FR-1995-09-21/pdf/95-23363.pdf.
[^11]: Justin Hibbard, "The Chilean Connection," *San Francisco Chronicle Magazine*, March 2, 2003, https://www.sfgate.com/magazine/article/THE-CHILEAN-CONNECTION-Carlos-Cardoen-arms-2667085.php.
[^12]: CIPER Chile, Alberto Arellano and Francisca Skoknic, "Los secretos de Carlos Cardoen en Panamá y la alerta por una de sus sociedades que fue vinculada a la venta de armas," September 14, 2022, https://www.ciperchile.cl/2022/09/14/los-secretos-de-carlos-cardoen-en-panama-y-la-alerta-por-una-de-sus-sociedades-que-fue-vinculada-a-la-venta-de-armas/.