Case Law Database

Participation in an organized criminal group

Crimes that affect the environment

Species Involved

• Coral reefs

Operación NAUTILOS

Fact Summary

The criminal organization was led by A. P. A.L.A. Jr and his wife, owners of the A. S. companies ORNAMENTAL FISH FARMING and A. L. A. DOS SANTOS. Both were investigated as responsible for the extraction and marketing of tons of coral reefs and rubble obtained on the northern coast of Pernambuco State / BRAZIL, intended to supply the domestic and international aquarium market.

Operation Nautilus was triggered to suppress the extraction, trade and illegal export of fragments of Brazilian coral reefs, for the domestic and international aquarium markets.

The criminal enquiry began in August 2006, to investigate evidence that companies would be clandestinely exporting, fragments of coral reefs, to countries such as Argentina, Austria, Belgium, Canada, Denmark, France, Germany, Greece, Holland and Italy.

On April 16, 2008, in order to fulfill the judicial orders issued, the Operation was launched in eleven states of the Federation. In total, there were 57 searches and seizures; 68 hearings, of which 42 complaints and approximately 7,000 kg of fragments of coral reefs and 2,500 kg of halimeda rubble seized.

Commentary and Significant Features

When one refers to organized crime, especially in Brazil, the first offence that comes to mind is illicit drug trafficking. However, the mafia matrices are diversifying their activities, so that they are not limited any longer to traditional crimes like smuggling, drug trafficking and illegal gambling.
Records of operations in Brazilian territory, especially by the Federal Police Department,indicate the existence of organized groups that infiltrate the state apparatus. They are specialized in the diversion of public funds, financial fraud and, recently, crimes against the environment and cultural heritage.
In that sense, in this new form of crime, similar to what happens in other branches of organized crime, the group seeks to evade the actions of law enforcement agencies, often using specialized technical support and modern technological resources.
Observing the business model assumed by criminal organizations in
recent decades, one may conclude that any form of efficient combat against organized crime must include an organized strategy by the State, and the corresponding modernization of substantive criminal and procedural law, in order to confront those organized criminal groups.

Cross-Cutting Issues

Liability

... as involves

• principal offender(s)
• participant, facilitator, accessory
• legal persons

Offending

Details

• involved an organized criminal group (Article 2(a) CTOC)
• occurred across one (or more) international borders (transnationally)

Involved Countries

United States of America

France

Canada

Germany

United Kingdom of Great Britain and Northern Ireland

Denmark

Argentina

Brazil

Investigation Procedure

Special investigative techniques

• Electronic or other forms of surveillance

Comments

In the course of the investigation, court orders were issued, authorizing the
disclosure of information protected by tax, bank and telephone, the interception of telephone and electronic communications of the persons involved, which allowed the identification of the entire criminal network, as well as its national and international connections.

 

International Cooperation

Involved Countries

Argentina

France

Canada

United States of America

United Kingdom of Great Britain and Northern Ireland

Germany

Denmark

Measures

• International law enforcement cooperation (including INTERPOL)

Outline

In order to suppress the demand of the international aquarium market and the interest in importing and marketing Brazilian coral reef fragments, the INTERPOL channel was utilized. Thereby, it became feasible to adopt the necessary measures in countries in which the criminal organization had ramifications.

The Interpol National Central  Bureau was in contact with the police in Argentina, Canada, Denmark, France, Germany, United Kingdom and the United States, to preliminary request the identification of Brazilian coral reef importers in those countries, the identification of Brazilian exporters and the forensic examination of the specimens.

Simultaneously, searches were carried out in Germany in the companies LIVE TROPICAL FISHERMAN and IMPORT, and in the Netherlands, in the company DE JONG MARINE LIFE, as well as actions in the UK.

 

Gender considerations

Details

• Gender considerations

Procedural Information

Legal System:
Civil Law
Latest Court Ruling:
Court of 1st Instance
Type of Proceeding:
Criminal
 
 
Proceeding #1:
  • Stage:
    first trial
  • Defendants / Respondents in the first instance

    Defendant:
    A.P. Jr.
    Gender:
    Male

    Owner of the A. S. companies O.F.F. and A. L. A. D.S.

    Defendant:
    A.L.A.
    Gender:
    Female

    Owner of the A. S. companies O.F.F. and A. L. A. D.S.