Case Law Database

Drug offences

Offences

• Importation/ exportation
• Distribution/ delivery/ dispatch/ transport

Substances Involved

• Cocaine
• Marijuana

Money laundering

Participation in an organized criminal group

Trafficking in firearms

Offences

• Illicit trafficking

Operation Phoenix

Fact Summary

LFC, a known drug trafficker, used a cell phone in his prison cell in 2006. He made phone calls to his drug suppliers, associates, relatives and lawyers. The Federal Police began to monitor his phone calls as well as identify the main drug traffickers in Rio de Janeiro, Parana, Sao Paulo, Mato Grosso do Sul and Paraguay. This investigation led to 13 confiscations of narcotics and heavy weaponry from the gangs. The seizures totaled 800 kilos of cocaine, 3.6 tonnes of marijuana and a large inventory airplanes, real estate, vehicles and business companies.

Author:
UNODC / United Nations Online Volunteers

The translation of this operation was kindly prepared by United Nations Online Volunteers

Cross-Cutting Issues

Offending

Details

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

Involved Countries

Brazil

Bolivia (Plurinational State of)

Paraguay

Investigation Procedure

Special investigative techniques

• Electronic or other forms of surveillance
• Undercover operation(s)/ Assumed identities/ Infiltration

Comments

Telephone wiretaps, monitoring of daily activities, surveillance, tracking of vehicles, undercover agents, informers

 

International Cooperation

Involved Countries

Paraguay

Measures

• International cooperation for confiscation/asset recovery
• Mutual legal assistance
• International law enforcement cooperation (including INTERPOL)

Outline

- Law enforcement exchange involving Brazilian and Paraguayan police officers through the SIU/DEA program,

- Exchange of information between SIU Brazil and Paraguay,

- Interpretation of intercepted audio conversations in Guarani,

- Identification and qualification of persons and places in Paraguay, and of other group members outside Brazil.

- The confiscation of goods and the issue of search and arrest warrants in Paraguay were conducted through MLAT during the judicial stage.

 

Procedural Information

Legal System:
Civil Law
Latest Court Ruling:
Appellate Court
Type of Proceeding:
Criminal

The undercover agent was absolved in Court and his name was removed from the records.

The suspect was sent to a Federal Prison in a differentiated disciplinary regime. 

All confiscated property, vehicles and other equipment seized were delivered into the custody of the Department of the Federal Police.

In total, 17 people were sentenced, adding up to over 160 years of imprisonment for criminal acts of international drug trafficking, association with drug trafficking, trafficking of arms and money laundering

 
 

Defendants / Respondents in the first instance

Defendant:
LFC - "FBM"
Gender:
Male

FBM led a large scale organization involved in the international trade of narcotics for consumption in the largest cities of Brazil. The illegal activities of this organization also encompassed bribery, homicide, money laundering and other criminal acts derived from the drug trade and market disputes.

FBM kept in direct contact with suppliers of drugs in Bolivia and Paraguay and imported narcotics into Brazil for resale on the street.

Charges / Claims / Decisions

Defendant:
LFC - "FBM"
Charge details:

International drug trafficking, association with drug trafficking, trafficking of arms and money laundering

Term of Imprisonment:
29 years 8 Months