. O corajoso repórter Rubens Valente da Folha (*), onde também trabalha Andréa Michael,publica hoje na página A8 importante reportagem, que vai deixar os demo-tucanos em pânico. Vem muita “crise” por aí:
“Governo americano rastreia operações suspeitas de Dantas – funcionário do Departamento de Justiça vê indícios de que banqueiro tentou ocultar origem de US$ 242 milhões de fundo. Dantas e sua irmã Verônica, réus na Satiagraha, teriam criado quatro empresas para abrir contas em Londres, Luxemburgo (*) e Nova York. Dantas transferiu US$ 52 milhões um dia antes da Saitagraha”.
. Permito-me adicionar algumas informações ao corajoso trabalho de Valente:
. Essa investigação envolve um banco internacional, que teria avisado a Dantas e a sua irmã Verônica que o UBS e o Safra estariam para fazer acordo com autoridades americanos e identificar clientes suspeitos de lavar dinheiro.
. A Folha (*), que publicou uma entrevista com Dantas DEPOIS de condenado e perguntou a ele o que achou da investigação, não diz o que é esse Opportunity Fund.
. Esse Opportunity Fund é o banco da privatização do Fernando Henrique Cardoso.
. É o fundo que o Daniel Dantas usou para comprar a Brasil Telecom e ter uma participação – ilegal – na Telemar.
. Logo, é o fundo onde podem estar provisoriamente adormecidos os nomes dos políticos demo-tucanos e seus acólitos, que participaram e apoiaram entusiasmadamente a privatização.
. Privatização essa, como se sabe, em que o Farol de Alexandria, aparece como a “Bomba Atômica”, que o André Lara Resende diz que usaria para fechar o acordo que precisava.
Clique aqui para ler Tucanos blindam Serra e FHC na CPI dos Amigos de Dantas
(Será que o André teve uma epifania: o fumacê dos maconheiros que FHC hoje defende não seria já, naquela altura, uma “bomba atômica” ?)
. Privatização essa que se tornou o “momento Pericles de Atenas” do Governo do Farol, quando Ricardo Sergio de Oliveira, que foi tesoureiro de campanhas de FHC e de Zé Pedágio, disse “se isso der m…”.
. Começa a dar “m…”
. É importante observar que teve grana de um narcotraficante no fundo da privatização.
. Um narcotraficante cliente do “brilhante” Daniel Dantas.
. Um narcotraficante, um drug dealer, segundo um delegado da Polícia Federal do Brasil, que substituiu o ínclito delegado Protógenes Queiroz, aquele que enfiou o dedo no câncer de Dantas, da privatização de FHC, e na patranha da BrOi.
. O Saadi identifica claramente a presença de um traficante no Opportunity Fund ???
. E a CVM, o Banco Central e o Conselhinho da CVM ainda mantém autorização para os fundos de Dantas ?
. Quer dizer que traficante pode investir em fundo de não-residente no Brasil e ninguém faz nada ?
. Qualquer dia desses o Obama vai querer instalar uma base militar na Avenida Paulista para combater a lavagem de dinheiro de narcotraficantes brasileirose em fundos brasileiros…
Paulo Henrique Amorim
. Vejam a seguir comentários e documentos que recebi de amigo navegante, que gosta de acompanhar os passos de Dantas e dos demo-tucanos a Dantas ligados:
A seguir, esse amigo navegante trata de outro conjunto de documentos:
(*) Em Luxemburgo, suspeita-se, está a conta que Sergio Motta teria aberto para Fernando Henrique Cardoso, José Serra e Mario Covas.
Por favor, leiam os documentos anexos:
Case 1:08-mc-00807-JDB Document 56-2 Filed 04/07/2009 Page 1 of 12
(1) My name is Kenneth Lyn Counts, and I am employed as a contract investigator for the
Department of Justice’s (DOJ’s) Asset Forfeiture Money Laundering Section (AFMLS),
International Unit. Prior to this assignment I was employed by the FBI as a Special Agent,
Supervisory Special Agent, and retired as the Assistant Special Agent-in-Charge of the FBI’s
Newark Division’s White Collar Crime Program, including the Corporate and Securities Fraud
Subprogram and the Public Corruption Subprogram. During the course of my 24 year career, I
investigated and/or supervised the investigations of numerous criminal offenses, including those
involving financial and corporate frauds, corruption, and money laundering. I also worked as a
contract forfeiture investigator for the FBI for approximately one and a half years following my
retirement from the FBI. In this capacity I conducted financial and forfeiture investigations in
support of FBI investigations of fraud, public corruption, and money laundering.
(2) As a contract investigator for DOJ’s AFMLS, I have supported AFMLS’s efforts,
pursuant to Brazil’s Mutual Legal Assistance Treaty (MLAT) request regarding Brazil’s
investigation of Daniel Dantas, the Opportunity Group, the Opportunity Fund, and Tiger Eye
Investments Limited, Butterfield House 4th Floor, Fort Street, Georgetown, P0 Box 2330-GT,
Grand Cayman, Cayman Islands, United States Dollar Account #8870792 (Tiger Eye Account) at
Brown Brothers Harriman & Co. (BBH), 140 Broadway, New York, New York. During the
course of the investigation, I reviewed documents provided by BBH for the Tiger Eye Account
and for a related account at BBH for Atlantic Pacific Investment Services Limited, P0 Box 2330,
George Town, Cayman Islands, United States Dollar Account #0000117. I have also reviewed
documents provided by the Brazilian investigators and prosecutors in this matter, including
documents and information provided by Ricardo Andrade Saadi, the principal investigator for the
Federal Police of Brazil’s investigation.
(3) I have read Tiger Eye Investments Ltd,’s opposition to the United States’ Application
for Registration and Enforcement of B raziian Restraining orders, in which it is indicated at page
8 that the record in this case contains no information that the Tiger Eye Investments Ltd. account
at BBH “contains proceeds connected to any illegal conduct.” Based on the information set forth
in detail below, including information from the Brazilian authorities regarding the activities of
the criminal organization headed by Daniel Dantas, and his sister and partner, Veronica Dantas,
there is probable cause to believe that the Tiger Eye Account is controlled by Daniel Valente
Dantas, and his sister, Veronica Dantas, and that approximately $242 million of the funds
contained in the account came from the redemption of their shares in the Opportunity Fund or
SubFunds, or from shares in the Opportunity Fund owned or controlled by the Dantas’. The
Brazilian authorities have provided information linking the Opportunity Fund and investors in
the Opportunity Fund to tax evasion, fraud, and money laundering, among other crimes. In
addition, another $90 million in funds were transferred into the Tiger Eye Account in 2008 from
accounts in the name of Harpy Eagle Investments at UBS AG London and at Banque Safra -
Luxembourg, which were also owned or controlled by the Dantas’, with the specific intent of
transferring the funds in these accounts to BBH in New York in order to hide the identities of the
Case 1:08-mc-00807-JDB Document 56-2 Filed 04/07/2009 Page 2 of 12
(4) Based on my review of records provided by BBH for the Tiger Eye Account in
response to an MLAT request from Brazil, and other information made available to me, the Tiger
Eye Account contained approximately $450 Million Dollars in Securities as of December 31,
2008. This account was initially funded with a $56 Million Dollar deposit from Tiger Eye
Investment Limited and then subsequently received $242 Million Dollars in deposits from
redemptions of shares in the Opportunity Fund and $90 Million Dollars from Harpy Eagle
Investments. The total of these deposits is approximately $388 Million Dollars. The Tiger Eye
Account was invested in the BBH United States Money Market Portfolio. The majority of the
increases in the value of the account from $388 Million to approximately $450 Million appears
to be from interest and earnings on the investments in the account. The deposits from the
Opportunity Fund and Harpy Eagle Investments are described in greater detail below.
(5) Based on my review of records provided by BBH and other information made
available to me, I determined that the Tiger Eye Account received a deposit of $38,442,991.46 on
May 2, 2008 from United States Dollar account #684340. This deposit was in response to
instructions to Banque Safra – Luxembourg instructing Banque Safra – Luxembourg to convert all
Euro holdings in Harpy Eagle Investments Limited, account #684340, into United States Dollars
and to transfer the entire contents of this Harpy Eagle Investments Limited account into the Tiger
(6) I am also aware from my review of the records provided by BBH and other
information and documentation made available to me in this investigation that BBH Trust
Company (Cayman) Limited is the trustee of the Saint George Trust II, a Cayman Islands Trust
of which Daniel Dantas is the listed Settlor, Grantor and Primary Beneficiary and Veronica
Dantas is listed as the Protector. Daniel and Veronica Dantas, through the Saint George Trust II,
hold investment accounts in the name of Tiger Eye investments Limited and Harpy Eagle
Investments Limited, both Private Investment Companies incorporated in the Cayman Islands, as
(7) Documents provided by BBH and others pursuant to a Commissioner’s Subpoena and
other information made available to me by the Brazilian authorities in this investigation confirm
that Daniel Dantas and Veronica Dantas control, own, are the beneficial owners of, and/or are the
beneficiaries of and direct the investments of the Saint George Trust II and hold investment
Case 1:08-mc-00807-JDB Document 56-2 Filed 04/07/2009 Page 3 of 12
accounts in the name of Harpy Eagle Investment Limited at UBS AG London and Banque Safra -
Luxembourg and in the name of Tiger Eye Investments Limited at BBH,
(8) Based on my review of records provided by BBH and other infonnation made
available to me, I determined that the Tiger Eye Account received another deposit of
$51,873,888.42 on July 7, 2008 from Harpy Eagle Investments Limited. This deposit was in
response to instructions given by UBS Wealth Management, London, United Kingdom
instructing UBS in London to convert all holdings in the Harpy Eagle Investments Limited
account into United States Dollars and to transfer the contents of this account to the Tiger Eye
Account. According to the witness statement of Senior Officer Clive Pittendreigh of the United
Kingdom’s Serious Organized Crime Agency filed to support the restraint of the Harpy Eagle
account at UBS in London in September 2008, “Harpy Eagle is a Cayman registered company
that was previously known as Atlantic Pacific Investment Services. When it changed its name,
its account ,.. at UBS AG London was closed and a new account … was opened in the name of
Harpy Eagle.” It should also be noted that an account in the name of Atlantic Pacific Investment
Services, which is referred to in greater detail below, was also the source account for the
$233,000,000 transferred to the Tiger Eye Account in 2002.
(9) Based on information provided to me by Ricardo Andrade Saadi, the principal
investigator for the Federal Police of Brazil’s investigation into this matter and from Pedro
Affonso Guerra Gomes Pereira, the Coordinator for Brazil’s Department of Asset Recovery and
International Legal Cooperation, I know that both of the above transfers were made following
intercepted communications between Veronica Dantas and an individual Brazilian investigating
authorities have identified as a BBH employee, in which the BBH employee alerted Veronica
Dantas that Banque Safra – Luxembourg and UBS Wealth Management, London, United
Kingdom, as part of their anti-money laundering compliance programs, were requesting
“sensitive” documentation and information regarding the true identities of the beneficial owners
of their customer, Harpy Eagle Investments Limited. Veronica Dantas stated she did not want to
provide this information, and she requested that the Eagle Investments accounts be closed
and the contents of these accounts be transferred to the Dantas’ Tiger Eye Account with BBH in
New York, in order to prevent Banque Safra – Luxembourg and UBS Wealth Management,
London, United Kingdom from determining the true trustees, beneficiaries and owners of the
Harpy Eagle Investments accounts.
(10) The information referred to above was obtained from transcripts of court ordered
telephone intercepts of Veronica Dantas’ conversations on April 17, 2008 and May 12, 2008,
provided by Brazil. The relevant excerpts from the April 17, 2008 telephone conversation
between Veronica Dantas and the individual Brazilian investigating authorities have identified as
a BBH employee, regarding the reasons for the closure of the Dantas’ Harpy Eagle Investments
account with Banque Safra – Luxembourg and the transfer of the contents of that account to their
Tiger Eye Account are as follows: [The use of"..." reflects pauses as indicated in the transcripts
provided to me; the use of" " reflects my editing for relevance and brevity, Brazilian
authorities have advised that Veronica Dantas and her attorneys have been provided access to the
Case 1:08-mc-00807-JDB Document 56-2 Filed 04/07/2009 Page 4 of 12
audio tape of this intercept]:
BBH Employee – Hi Veronica, how are you?
BBH Employee …… You know … that structure that you have here has an account with the
Safra Bank ,., Remember?
Veronica Dantas – Uhum
BBH Employee – … in Luxembourg. There’s a small deposit … there’s a deposit there.
Veronica Dantas – Yeah
BBH Employee – And what has happened is that Safra’s asking as part of their compliance
overview, copies of the trustee and all of this information that Ijust don’t think it’s prudent
hum … they require it, so it’s not like they’re … they urn … they um … they’re making this
up … because that’s … that’s what it is … but they want to get all the documentation on
on the Trust, and … who the beneficiaries are … which I think it is very confidential … I was
wondering if you were ok wejust close this account and just consolidate what was there over
Veronica Dantas – Yeah, I agree with you.
BBITI Employee – Yeah. It’s just the stuff… it’s just too sensitive and you know why.
Veronica Dantas – Yeah.
BBH Employee-Urn … Can I … What … What’s your fax number … I’m going to send you
a veiyshort letter … You authorize meto dothat .;. but 1 … but I want to fax it in a number
where you can sign it and send it right back to me
Veronica Dantas – OK, sure.
(11) The relevant excerpts from the May 12, 2008 telephone conversation between
Veronica Dantas and the same BBH employee, regarding the reasons for the closure of the
Dantas’ Harpy Eagle Investments account with UBS London and the transfer of the contents of
that account to their Tiger Eye Account are as follows: [The use of"..." reflects pauses as
indicated in the transcripts provided to me; the use of" " reflects my editing for relevance and
brevity. Brazilian authorities advised Veronica Dantas and her attorneys were provided access to
the audio tape of this intercept]
BBH Employee – Ummm … the other thing Veronica I wanted to ask you is we received a
call … You know, we have a small account .,. umm under the structure that you’re aware
Case 1:08-mc-00807-JDB Document 56-2 Filed 04/07/2009 Page 5 of 12
of … that U UBS in London .. And they started to call us and say … well, we want
to meet the client, we don’t know the client … umm … they’re going to send some people
from London uhhh … to Brazil … and … I … and I said … we kept telling them but we are
the client, we’re Brown Brothers, because we’re the trustees, and we’re the owner the
Veronica Dantas – Yeah … you are the clients.
BBH Employee – And they kept insisting … umm … it is a relatively small account, and one
of the things that I’m going to be talking to you is the (inaudible), like we did with the Safra
account … is that account just doesn’t make any sense … and they’re being … umm … very
aggressive … and … and … especially now with the situation under UBS that you know
about … umm … I get very concerned they’re liable to arrive in Brazil with a bunch of
papers .. and … and … and … and … implications of that are pretty … pretty .., pretty well
Veronica Dantas – Yeah … okay… I think it makes all the sense to have it all with you
anyway … the same we did with the other ones.
BBH Employee and the other thing I – Alright … Okay, let me work on that … and
want to talk to you about when I see you in Brazil is
Veronica Dantas – Yeah … I know ,.. but I … but I think we would rather talk over here
because even if I have this phone that is … I think that it is
BBH Employee – Yeah, yeah, yeah
Veronica Dantas – … I’m always concerned about talking anything, so
BBH Employee – Yeah
Veronica Dantas – Yeah, you’re right … whenever you come we sit and talk
(12) The Brazilian authorities have informed me that according to the presiding judge for
this investigation in Brazil, Daniel Dantas and Veronica Dantas and/or their attorneys have been
provided access to, and have, in fact, accessed, all telephone calls that were recorded during
Brazil’s investigation, including the two recorded telephone conversations excerpted above.
(13) Based on other documentation provided by BBH and other information available to
me, I determined that between July 29, 2002 and October 30, 2002, $242,427,020.31 was
deposited into the Tiger Eye Account. These funds represented assets in the Opportunity Fund at
UBS Cayman Islands which were sold and the proceeds transferred from Atlantic Pacific
Investment Services ($233,195,746.49) and Priory Corporation ($9,231,273.82) into the Tiger
Case 1:08-mc-00807-JDB Document 56-2 Filed 04/07/2009 Page 6 of 12
Eye Account. A review of the Atlantic Pacific Investment Services Limited bank statements
provided by BBH reflect the following notations for each such incoming transfer: “Rec’d Swiss
Bank Corp B/O Opportunity Fund Georgetown Grand Cayman”. Each such transfer into the
Atlantic Pacific Investment Services Limited account, with the exception of the last transfer for
$19,890,453.35, was followed by the transfer of these funds to the Tiger Eye Account, within one
to three days. It should also be noted that the July 31, 2002 statement for the Atlantic Pacific
Investment Services Limited Account listed it as a new account with a zero balance prior to the
deposits noted above. The account statements also reflect that these were the only deposits into,
the only transfers out of, and the only activity in, this account for the account statements for July,
August and October 2002 provided by BBH. The account balance at the end of these transfers
was also zero.
(14) Based on my experience and training, this type of activity is consistent with the types
of transactions frequently used by individuals or entities seeking to “layer” transactions from one
entity or account, such as one identified with the Opportunity Fund, through another account, in
another name, such as Atlantic Pacific, to a destination account, such as the Tiger Eye Account,
without any indication on the destination account statements of the Tiger Eye Account that funds,
assets, or proceeds of the Opportunity Fund were transferred to and deposited into the Tiger Eye
Account, and without any indication on Opportunity Fund statements that funds or assets were
transferred from the Opportunity Fund to the Tiger Eye Account.
(15) Based on my experience and training, individuals often “layer” transactions, such as
these, in order to disguise the source and/or ownership of funds. Generally, individuals and
entities make direct transfers from one account to another, without routing the transfers through a
third account. This suspicion is heightened, if the transfers are done on the same day or within a
few days of each other. This suspicion is further heightened, if there is little or no other activity
observed in the third account, other than to serve as a conduit for these pass through transfers.
Individuals typically engage in such behavior to disguise the source, ownership or control of
assets and to attenipt to avoid the attemion and sen tiny of law enforcement, regulatory
authorities and the Anti-Money Laundering Compliance components of financial institutions.
(16) On March 24, 2009, BBH provided me a copy of a fax from UBS (Cayman Islands)
to BBH, dated July 22, 2002, regarding the Opportunity Fund redemptions, and BBH stated this
was done in response to the Commissioner’s Subpoena of January 13, 2009, issued to BBI-I in
this matter. The fax states, in part:
“I refer to the payment instructions received for redemptions in the above referenced fund
for Priory Corporation and Atlantic Pacific Investment Services Ltd. Please be advised
that, due to Cayman Islands anti-money laundering legislation, payments can no longer be
made to a third party. Could you please send revised instructions providing an account
name and number that is in the registered name of the shareholders.”
Case 1:08-mc-00807-JDB Document 56-2 Filed 04/07/2009 Page 7 of 12
(17) BBH did not provide the payment instructions referenced in this fax; the revised
instructions requested in the fax; the registered name of the shareholders referenced in the fax;
the relationship of these shareholders to the account holders for Tiger Eye, Atlantic Pacific and
Priory Corporation; nor any of the other communications, correspondence, notes and other
documentation regarding the redemption of $242,000,000 of Opportunity Fund shares, the
transfer of these proceeds to the Tiger Eye Account through other accounts, nor the identification
of the true parties behind the requested redemptions and in all the accounts and in all the
transfers involved in these transactions. I have requested this type of documentation from BBH
pursuant to the Commissioner’s Subpoena, but it has not been provided, based on claims that this
documentation is protected by Cayman Islands bank secrecy laws. Without such documentation,
I cannot discern the entire paper trail, and there is still probable cause to believe the transfers
from the redemption of the Opportunity Fund shares were “layered” into the Tiger Eye Account
to conceal the source of the funds deposited into the Tiger Eye Account.
(18) In regard to the documentation for these transactions, by email to BBH on March 17,
2009, I requested the following from BBH pursuant to the Commissioner’s Subpoena issued to
BBH in this matter:
- emails of Orlando Rodriguez, Dario Galindo, and others, Subject:Tiger Eye, on or about
10/30/2002 regarding a meeting with Veronica Dantas, the liquidation of Opportunity
Fund Assets and transfers of $242Million from Atlantic Pacific and Priory Corp to Tiger
Eye, and an
- email from FayAnne.deFreitasbbh.com to Orlando.Rodriguez and others dated
2/25/2003 containing the quoted message – Assets in the Opportunity Fund at UBS
Cayman were sold and the proceeds transferred from Atlantic Pacific Investments and
Priory Corp into Tiger Eye. These instructions were issued by BBH Cayrnan.
reqtiestfor these recordsin an email to BBH on 18, 2009, in
which I also stated:
“… I need to have the documents listed below – provided under the MLAT and
Commissioner’s Subpoena ASAP, which represent 14] Correspondence; 16] Wired funds
transfer records; and/or 18] Records related to the international transfer of funds which
relate to Daniel and/or Veronica Dantas, Opportunity Fund, Harpy Eagle Investments,
Atlantic Pacific Investment Services, Saint George Trust II and Tiger Eye Investments as
specified in the Commissioner’s Subpoena of 1/13/2009 pursuant to Brazil’s request for
legal assistance. As well as any other similar documents BBH has relating to the Tiger
Eye Investments Acct.”
(20) The only document I received from BBH following my emails of March 1 7th and
March 18th of 2009 was the copy of the fax, dated July 22, 2002, referred to above.
Case 1:08-mc-00807-JDB Document 56-2 Filed 04/07/2009 Page 8 of 12
(21) Based on my knowledge and experience, gained in this and other investigations, the
fax provided by BBH from UBS Cayman Islands, dated July 22, 2002, does not change the basic
facts regarding the “layering” of $242,000,000 from the redemption of Opportunity Fund shares
and the deposit of those proceeds into the Tiger Eye Account. With or without this fax, the facts
remain as set forth in paragraph 13 above,
(22) The fax from UBS Cayman referenced in paragraph 16 above, apparently offered in
explanation for the handling of the transfer of the $242 Million Dollars in redemptions of
Opportunity Fund shares and the deposit of those proceeds into the Tiger Eye Account, does not
explain why funds could be transferred from the redemption of Opportunity Fund shares to
Atlantic Pacific Investments and then almost immediately to the Tiger Eye Account, but could
not be directly transferred to the Tiger Eye Account. This fax, in and of itself, does not explain
why such transfers, whether done in technical compliance with UBS’s interpretation of Cayman
Islands anti-money laundering legislation or not, did not in fact act to conceal the source or
ownership of funds being deposited into the Tiger Eye Account. UBS Switzerland has recently
entered into a deferred prosecution agreement with the United States for its unlawful complicity
in an elaborate scheme of its own devise to help thousands of United States citizens hide their
assets and income from the United States and thereby evade the payment of hundreds of millions
of dollars in taxes lawfully due the United States. I also know that Switzerland and the Cayman
Islands have established, international reputations as tax and bank secrecy havens. I also know
that at least one director of BBI-I Trust Company and/or BBH Trust Nominees for the Cayman
Islands, as set forth above in paragraphs 10 and 11, assisted the Dantas’ in closing accounts and
transferring funds into the Tiger Eye Account to avoid the inquiries of the anti-money laundering
components of other banks.
(23) Based on my knowledge, training and experience, the laws of the Cayman Islands are
subject to abuse by individuals and entities that incorporate private investment companies or
vehicles and establish self-settled trusts in the Cayman Islands in order to conceal their
ownership of assets and to avoid the enforcement ofjudgments and restraining orders under less
favorable laws in their own or other countries. When the BBH employee and Veronica Dantas
referred to the “structure” she and Daniel Dantas have with BBH, in the conversations referenced
above in paragraphs 10 and 11, they were both careful not to further identify on the telephone or
to UBS London and Banque Safra – Luxembourg, the nature of the structure which they had
apparently established among themselves for their ownership and control of worldwide funds and
assets, including those flowing from their interests in or control of Opportunity Fund shares.
These interests are apparent through the Saint George Trust II, as well as their ownership and
control of Harpy Eagle, Atlantic Pacific, Tiger Eye and other private investment companies or
vehicles for which the Dantas’ have named BBH Trust Company (Cayman) as the Trustee and
BBH Trust Nominees (Cayman) as the directors, both acting at the direction of Daniel and
Veronica Dantas. This “structure” is also consistent with the Brazilian authorities’ description of
the money laundering schemes and activities of the Dantas’ as set forth in paragraph 25 below.
Case 1:08-mc-00807-JDB Document 56-2 Filed 04/07/2009 Page 9 of 12
(24) Jn addition, as set forth above, in two recorded conversations between the BBI-I
employee and Veronica Dantas, the employee assists her on both occasions in avoiding the
lawful inquiries of the anti-money laundering compliance components of two other financial
institutions, including handling all the necessary paperwork and/or arrangements to close the
accounts and transfer the money to the Tiger Eye Account with BBH. This same BBH employee
is also listed on BBH documents as one of the directors of BBH Trust Nominees (Cayman)
Limited entrusted with the day to day management and administration of private investment
companies for the Dantas’, including Tiger Eye Investments.
(25) The “layering” of the $242,000,000 from the redemptions of Opportunity Fund
shares into the Tiger Eye Account is also consistent with the type of money laundering behavior
described by the Brazilian authorities during their investigation of Dantas and the Opportunity
Fund. In an affidavit of Ricardo Andrade Saadi, excerpts of which are set forth below, and other
information made available to me by the Brazilian investigating authorities, I know the Brazilian
investigators have determined that the Opportunity Fund, referenced above, is controlled,
directed and/or administered by Daniel and Veronica Dantas, directly or indirectly, and/or
through the Opportunity Group, and the Brazilians have obtained evidence (sufficient for the
arrests in July 2008 of Daniel Dantas, Veronica Dantas and others) that this criminal organization
has engaged in money laundering and other schemes in furtherance of the criminal organization:
a) “The Federal Police Department of Brazil launched, on July 81h, 2008, the operation
known as “Satiagraha”. . . which … sought to dismantle a criminal organization headed by
Daniel Valente Dantas. The Opportunity Group is a Cayman-Island registered company which
held several funds in Brazil and abroad, as well as a number of financial and front companies and
holdings. In addition, it used complex business activities to create accounting schemes designed
to conceal the true purposes of the criminal organization, which were to achieve illicit
enrichment by means of crimes against other investors and the Brazilian financial system, the
widespread use of unlicensed money remitters, and the perpetration of securities fraud, as well as
indication of insider trading and market manipulation crimes. “(paragraph 5).
b) The investigation identified Daniel Valente Dantas as the ‘alter ego’ of the group … all
the Opportunity Group acted according to his interests.” (paragraph 55 (d))
c) “The front companies and holdings did not have any apparent legitimate financial
activity or purpose, and only served the purposes of the criminal organization for investments or
being intermediaries to move suspicious or illicit assets.” (paragraph 7).
Case 1:08-mc-00807-JDB Document 56-2 Filed 04/07/2009 Page 10 of 12
d) The Opportunity Fund was “managed by the Opportunity Group headed up by Dantas”
e) “Once the criminal organization held the control of all the companies and investment
funds of the Opportunity Group, by means of appointing the boards of directors, administrators,
and managers, short, medium and long term investments of the companies could be directed by
Dantas and his close associates in the Opportunity Group. These decisions were made to benefit
the private interests of Dantas and his criminal organization.” (paragraph 8).
f) The Federal Police Investigation verified Daniel “Dantas’sister, Veronica Valente
Dantas, was his partner in the Opportunity Fund.” (paragraph 9).
g) “The identities of the shareholders for the Opportunity Fund have never been published
most of the shareholders …were, in fact, natural persons residing in Brazil, which made the
Fund an illegal investment vehicle under Brazilian law.” (paragraph 33).
h) “The actual purpose of the Opportunity Fund, as discovered by the investigation, is for
the investment of monies from people who are Brazilian residents in an illegal fashion.”
i) “Investigators corroborated that the Brazilian residents who invested their funds in the
Opportunity Fund did so by the widespread use of illegal, unlicensed, and unregistered doleiros,
or dollar dealers.” (paragraph 34).
j) “These doleiros confirmed their own involvement in assisting many of the Brazilian
resident investors in the “offshore” Opportunity Fund, also using fictitious names or the names of
offshore front companies, to move their money out of Brazil through a series of transactions
designed to defraud the Brazilian government.” (paragraph 47).
k) “Some of the individuals who illegally remitted monies through the use of doleiros as
investors in the Opportunity Fund have been charged or are being investigated for crimes in
Brazil such as corruption, manslaughter, and fraudulent management of financial institutions.”
(26) Based on my training and experience, information and documentation obtained by
me or provided to me during this investigation, and the information set forth above:
Case 1:08-mc-00807-JDB Document 56-2 Filed 04/07/2009 Page 11 of 12
(B) There is reason to believe the Dantas’ moved funds from their Harpy Eagle
Investments accounts to their BBH Tiger Eye Account, because they believed the BBH
employee who alerted them once, would alert them again, if their accounts or activities
once again came to the attention of, or under the scrutiny of, law enforcement, regulatory
authorities and/or Anti-Money Laundering Compliance components of financial
(C)There is reason to believe the Dantas’ “layered” transfers of assets and/or proceeds
from the Opportunity Fund to their Tiger Eye Account, to disguise the source of the funds
deposited into their Tiger Eye Account, in order to avoid the attention and scrutiny of law
enforcement, regulatory and/or Anti-Money Laundering Compliance components of
financial institutions, and possibly to hide the ultimate beneficiaries of funds leaving the
Opportunity Fund from other investors or interested parties; and,
(D) There is reason to believe, if given the opportunity, the Dantas’ again will move their
funds, from an account, bank or country where they have attracted the attention, scrutiny
and actions of law enforcement, to an account, bank or country where they anticipate they
can evade the attention, scrutiny, and actions of law enforcement and the courts.
Veja agora documento em que o delegado Saadi diz formalmente à Justiça americana que um narcotraficante brasileiro investiu na privatização de FHC, através de um fundo do “brilhante” Daniel Dantas (ele não é “brilhante” à toa):
documento opportunity fund