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Thursday, September 02 2010 @ 12:20 PM EDT

Customs Prohibits Three From Leaving Panama in Diamond Case

Law & Lawyers This morning Panama's Director of Customs Daniel Delgado said the customs officials who are investigating the diamond case has issued an order to prevent two United States citizens and one Panamanian lawyer from leaving the country while they investigate the issue. The order, issued by Javier Hernandez, the Regional Administrator of Customs at the Tocumen airport, prevents Andrew Spiller and Thomas Brockman, both from the United States as well as lawyer Maria Eugenia Pinzón of the Mossack & Fonseca office in Boquete, from leaving the country until customs officials have had time to determine the actual value of the 45 diamonds (25 total carats) that were discovered in a courier package last week. Both Mossack & Fonseca and DHL have issued statements denying any knowledge that the package contained diamonds. Delgado said that they are expecting the results of an expert evaluation of the contents of the package to determine the value of the diamonds. (more)

A Brief Interview: Daniel Delgado, the Director of Customs in Panama, granted a short interview on the diamond issue this morning. He explained that they are still in the process of determining the actual value of the diamonds in the package. In these kinds of situations there is a division between the customs enforcement and administrative processes, and that the person in charge of handling the details of this case is the customs judge Javier Hernandez, the Regional Administrator of Customs at the Tocumen airport, who has the legal authority to investigate these kinds of cases. Delgado explained that anyone who is caught trying to introduce valuable goods or merchandise into Panama without properly declaring the actual value can have the material confiscated and be fined anywhere from two times to five times the actual value of the material in question. So, if the diamonds turn out to be actually worth $1 million dollars then they can be confiscated and the smuggler fined up to $5 million dollars.

Unknown Actual Value: According to Delgado they are waiting for an official report and appraisal of the actual value of the diamonds, which he was expecting to receive later today. He said that the first step in this kind of investigation is to determine who are the key people involved in the case and to prevent the possibility of their fleeing the country to potentially avoid prosecution. Considering that the value of the diamonds is unknown and that there is a significant potential for them to be exceptionally valuable, then the preventative measure ordered by Hernandez is appropriate.

Claimed By Andrew Spiller: Director Delgado confirmed that 24 year-old Andrew Spiller from the United States claimed responsibility for the package. He said that Andrew's parents are "pensionados" who are living in Boquete, and added that Thomas Brockman was also involved.

"Documents" with "No Commercial Value" Delgado said they are still investigating to determine who in the chain of custody identified the contents as being "documents" with "no commercial value."

Jurisdiction To The Border: Delgado added that Panamanian authorities are working with and asking for cooperation from representatives from several other nations to help them investigate this case, considering the complexities of the South African diamond market, the potential for past and future exploitation of this kind of method to move diamonds as concentrated funds, and Panama's geographic position and ongoing efforts to stem money laundering. He also said that Panama lacks the electronic forensic expertise, especially with regards computers to accurately asses the risk. So, they are asking for help.

Needle In A Haystack: Thousands of courier packages enter Panama every day marked "documents" with "no commercial value" and for the most part that's exactly what they contain. Delgado said that they have been "very flexible" in the past with regards to couriers and customs inspections, and that they are simply going to continue to enforce existing laws with an increased emphasis on the international courier and pouch system. They are in the process of evaluating means and methods to improve and enforce import controls as a result of this case.

A Few Words From Rod Spiller: "I will try to answer your questions as best I can. But first I need to point out a few items so that there is a clear understanding. This industry is well regulated and very tricky. It is important that I stay well within the guidelines. I cannot post on any public forums with the intent of promoting some of the programs such as Udachu Fund and Udachu Invest. These two programs are a very small part of Udachu. I currently have 17 corporations globally. Some of which are promoted in the US. For example: Silver Gate Hedge Fund is near completion. This will be a SEC registered hedge fund. Gryphon Realty Investment Group is another one in which we accept partnerships in real estate within the US. As far as the two funds are concerned...They are not owned by Udachu and not run by Udachu. They are owned and run in Panama by Vielka Cielo Corporation. There is no advertising, none of the business is conducted in the US, and there is no form of self promotion. I am the CEO of Udachu Financial Services Ltd. Which is incorporated in the UK. Udachu Financial Services is a traders resource company. We teach people how to trade various markets as well as provide leverage for equities. The funds are private clubs that were started to open the opportunity for smaller investors to benefit. This is why we do not wish to promote. The admin will announce himself shortly to all of the Members of UI. Tom Brockman is the admin for UF.

Copyright 2006, Panama-Guide.com by Don Winner. Use anything you want, as long as you credit the source. Thanks.   

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