1 00:00:00,000 --> 00:00:10,000 ♪♪ 2 00:00:10,000 --> 00:00:20,020 ♪♪ 3 00:00:20,020 --> 00:00:33,020 ♪♪ 4 00:00:33,020 --> 00:00:36,020 June 2000, the port of Catania in Sicily, 5 00:00:36,020 --> 00:00:38,020 one of Italy's many attractive sights. 6 00:00:38,020 --> 00:00:40,020 However, in the shadow of Mount Etna, 7 00:00:40,020 --> 00:00:43,020 with its rings of smoke that delight the tourists, 8 00:00:43,020 --> 00:00:46,020 Catania is also a capital for all types of trafficking. 9 00:00:47,020 --> 00:00:51,020 The port of Catania supplies more than 300,000 inhabitants daily. 10 00:00:51,020 --> 00:00:53,020 It was also the centre of a vast fraud 11 00:00:53,020 --> 00:00:55,020 that disrupted the entire EU market 12 00:00:55,020 --> 00:00:58,020 in a product previously unknown in Sicily. 13 00:01:01,020 --> 00:01:04,020 Catania is an essential transit port in the Mediterranean 14 00:01:04,020 --> 00:01:07,020 and millions of tonnes of freight are loaded or unloaded 15 00:01:07,020 --> 00:01:09,020 on the vessels berthed there. 16 00:01:09,020 --> 00:01:13,020 Forklift trucks and cranes constantly move a wealth of goods 17 00:01:13,020 --> 00:01:15,020 in a hive of synchronised activity. 18 00:01:15,020 --> 00:01:18,020 Nobody really knows the contents of the hundreds 19 00:01:18,020 --> 00:01:21,020 of hermetically sealed containers stored at the docks. 20 00:01:21,020 --> 00:01:23,020 There's no way of telling whether goods here 21 00:01:23,020 --> 00:01:26,020 are in legitimate trade or illegal trafficking. 22 00:01:28,020 --> 00:01:31,020 Behind the portholes of ships from all over the world, 23 00:01:31,020 --> 00:01:33,020 meetings are going on and deals are being struck 24 00:01:33,020 --> 00:01:35,020 to the indifference of the fishermen. 25 00:01:38,020 --> 00:01:41,020 Despite the constant surveillance of the port authorities, 26 00:01:41,020 --> 00:01:42,020 the police and customs, 27 00:01:42,020 --> 00:01:45,020 fraud has well and truly landed in the Bay of Catania. 28 00:01:47,020 --> 00:01:49,020 Whether the work of criminal organisations 29 00:01:49,020 --> 00:01:51,020 or individuals acting alone, 30 00:01:51,020 --> 00:01:55,020 fraud may be concealed anywhere in such a large port. 31 00:01:55,020 --> 00:01:58,020 Neither surveillance of the port nor the checks that are performed 32 00:01:58,020 --> 00:02:02,020 can put a complete stop to the activities of the traffickers. 33 00:02:05,020 --> 00:02:09,020 Both day and night, illegal business is in full swing. 34 00:02:13,020 --> 00:02:16,020 Financial police and customs keep watch and patrol 35 00:02:16,020 --> 00:02:19,020 every night in the port to hunt down the smugglers. 36 00:02:19,020 --> 00:02:23,020 But help from Europe is very often valuable. 37 00:02:28,020 --> 00:02:31,020 In June 2000, after an anonymous tip-off, 38 00:02:31,020 --> 00:02:34,020 officials from the European Anti-Fraud Office, OLAF, 39 00:02:34,020 --> 00:02:37,020 made the unbelievable discovery that there had been 40 00:02:37,020 --> 00:02:40,020 illegal trafficking in bananas for nearly two years, 41 00:02:41,020 --> 00:02:43,020 which had netted those responsible for it 42 00:02:43,020 --> 00:02:45,020 hundreds of millions of euros. 43 00:02:45,020 --> 00:02:48,020 The trafficking of fruit for a few euros profit per kilo 44 00:02:48,020 --> 00:02:50,020 might look like a joke. 45 00:02:50,020 --> 00:02:52,020 However, make no mistake, 46 00:02:52,020 --> 00:02:55,020 since 4,000 tonnes of fruit a week were involved, 47 00:02:55,020 --> 00:02:58,020 the entire EU market in bananas was under threat. 48 00:02:58,020 --> 00:03:02,020 OLAF therefore informed customs and the Italian authorities. 49 00:03:02,020 --> 00:03:04,020 They could then begin their work together. 50 00:03:05,020 --> 00:03:09,020 At the outset, this inquiry was only aimed 51 00:03:09,020 --> 00:03:13,020 at monitoring a vessel suspected of carrying cocaine. 52 00:03:16,020 --> 00:03:21,020 The inquiry was unsuccessful because no cocaine was found on board. 53 00:03:22,020 --> 00:03:26,020 However, quite by chance, it was found that the same vessel 54 00:03:26,020 --> 00:03:31,020 was in fact transporting bananas and attempting to evade customs. 55 00:03:32,020 --> 00:03:36,020 In the banana sector, the rules entitle 56 00:03:36,020 --> 00:03:39,020 importers with a valid agri-import licence 57 00:03:39,020 --> 00:03:44,020 to lower customs duties on goods within the yearly quota, 58 00:03:52,020 --> 00:03:56,020 compared to the duties levied on non-quota goods. 59 00:03:57,020 --> 00:04:02,020 Licence holders only needed to pay duties of 55 euros per tonne 60 00:04:02,020 --> 00:04:05,020 instead of 850 euros per tonne. 61 00:04:11,020 --> 00:04:15,020 This difference was bound to interest unscrupulous operators 62 00:04:15,020 --> 00:04:18,020 who, after obtaining forced import licences, 63 00:04:18,020 --> 00:04:21,020 were forced to pay duties of 55 euros per tonne 64 00:04:21,020 --> 00:04:24,020 instead of 850 euros per tonne. 65 00:04:26,020 --> 00:04:27,020 In this case, 66 00:04:31,020 --> 00:04:35,020 non-expectative attacks to the detriment of the European Union. 67 00:04:38,020 --> 00:04:42,020 The banana fraud has already been dubbed the fraud of the century. 68 00:04:42,020 --> 00:04:45,020 In fact, the financial impact of the fraud 69 00:04:45,020 --> 00:04:49,020 is reckoned to be in the region of 300 to 500 million euros. 70 00:04:50,020 --> 00:04:54,020 However, these figures only describe 71 00:04:54,020 --> 00:04:57,020 the amount of customs duties evaded. 72 00:05:02,020 --> 00:05:05,020 In fact, the fraud itself revolved around the use of 73 00:05:05,020 --> 00:05:09,020 forced import licences needed to import third country goods 74 00:05:09,020 --> 00:05:12,020 and release them for free circulation. 75 00:05:13,020 --> 00:05:16,020 The licences themselves were negotiable 76 00:05:16,020 --> 00:05:19,020 and were worth somewhere in the region of 77 00:05:19,020 --> 00:05:22,020 3 to 6 dollars per crate of bananas. 78 00:05:28,020 --> 00:05:32,020 Therefore, the criminal organisations that sold these false certificates 79 00:05:32,020 --> 00:05:35,020 made a sizeable criminal profit, 80 00:05:35,020 --> 00:05:38,020 which represents a real profit of the fraud. 81 00:05:43,020 --> 00:05:47,020 We've been able to find out how a small village shopkeeper 82 00:05:47,020 --> 00:05:50,020 from the provinces has managed to build up 83 00:05:50,020 --> 00:05:53,020 a real empire from nothing 84 00:05:53,020 --> 00:05:58,020 and control the trade in bananas in the whole of central and southern Italy. 85 00:06:02,020 --> 00:06:06,020 Thanks to Olaf, we've learned that this type of activity 86 00:06:06,020 --> 00:06:09,020 is linked to other countries such as France, Spain, 87 00:06:09,020 --> 00:06:11,020 and Portugal. 88 00:06:14,020 --> 00:06:18,020 We've also managed to understand what at first wasn't very clear, 89 00:06:21,020 --> 00:06:24,020 that more profit can be made from this type of fraud 90 00:06:24,020 --> 00:06:28,020 than from serious crimes such as importing a tonne of cocaine. 91 00:06:32,020 --> 00:06:35,020 This is the pattern we've been able to uncover 92 00:06:35,020 --> 00:06:38,020 thanks to assistance from Olaf. 93 00:06:39,020 --> 00:06:41,020 The work hasn't been easy, 94 00:06:41,020 --> 00:06:44,020 but it has been made easier through cooperation. 95 00:06:46,020 --> 00:06:49,020 Indeed, the fraud of the century had been uncovered. 96 00:06:49,020 --> 00:06:53,020 From then on, there was no time to waste at Olaf's headquarters. 97 00:06:54,020 --> 00:06:57,020 Two investigators were sent to the scene of the trafficking, 98 00:06:57,020 --> 00:07:00,020 the first to Paris and the second to Catania. 99 00:07:00,020 --> 00:07:04,020 Both investigators and agents on the ground had to collect evidence 100 00:07:04,020 --> 00:07:07,020 and provide added value to the investigations of their colleagues 101 00:07:07,020 --> 00:07:09,020 and the national services. 102 00:07:11,020 --> 00:07:13,020 But first, information had to be obtained 103 00:07:13,020 --> 00:07:15,020 about the legislation in force in the countries 104 00:07:15,020 --> 00:07:17,020 where the fraud had been committed. 105 00:07:17,020 --> 00:07:20,020 In criminal matters, each state applies its own laws. 106 00:07:20,020 --> 00:07:24,020 Furthermore, Olaf's lawyers and agents must strictly adhere to them. 107 00:07:25,020 --> 00:07:29,020 This enabled Olaf's operation to be backed up by a coordinated strike. 108 00:07:30,020 --> 00:07:32,020 And the evidence collected could be used 109 00:07:32,020 --> 00:07:35,020 in national administrative and criminal proceedings. 110 00:07:38,020 --> 00:07:42,020 At the finance police offices in Catania, the tension is high. 111 00:07:43,020 --> 00:07:47,020 At least 200,000 tonnes of bananas have entered the port illegally. 112 00:07:48,020 --> 00:07:52,020 The loss to the community's budget from the false customs documents 113 00:07:52,020 --> 00:07:55,020 has been so great that these false declarations 114 00:07:55,020 --> 00:07:57,020 have been dubbed the Eurobananas. 115 00:07:58,020 --> 00:08:02,020 The Olaf agent is surrounded by representatives from customs, 116 00:08:02,020 --> 00:08:04,020 the legal team and the police. 117 00:08:04,020 --> 00:08:07,020 A strategy is adopted to catch the criminals red-handed. 118 00:08:08,020 --> 00:08:11,020 First of all, a search will be made of the banana ship 119 00:08:11,020 --> 00:08:13,020 suspected of being involved in the fraud. 120 00:08:14,020 --> 00:08:16,020 It's just entered the port. 121 00:08:22,020 --> 00:08:24,020 As a result of Olaf investigations, 122 00:08:24,020 --> 00:08:28,020 over 1,100 suspect French and Spanish licences have been identified 123 00:08:28,020 --> 00:08:32,020 that had been used to import bananas illegally into the European Union. 124 00:08:32,020 --> 00:08:35,020 Bananas entered the community through customs in Spain, 125 00:08:35,020 --> 00:08:38,020 Belgium, Germany, Portugal, Greece and Italy. 126 00:08:45,020 --> 00:08:48,020 But above all, it's necessary to obtain watertight evidence 127 00:08:48,020 --> 00:08:50,020 of the illegal trade being carried out. 128 00:08:50,020 --> 00:08:54,020 The Olaf investigator sends a fax to the French customs authorities 129 00:08:54,020 --> 00:08:57,020 as his colleague is awaiting his message in Paris. 130 00:08:58,020 --> 00:09:00,020 The reply is unequivocal. 131 00:09:00,020 --> 00:09:02,020 The customs documents are false. 132 00:09:02,020 --> 00:09:05,020 The moment for which everyone has been waiting is near. 133 00:09:06,020 --> 00:09:08,020 The ship can be searched. 134 00:09:09,020 --> 00:09:13,020 Customs officers and financial police don their identity tags. 135 00:09:14,020 --> 00:09:16,020 The tension is high. 136 00:09:16,020 --> 00:09:19,020 It's the first time Olaf has been caught red-handed. 137 00:09:20,020 --> 00:09:23,020 It's the first time Olaf has been caught red-handed. 138 00:09:23,020 --> 00:09:27,020 Customs officers and financial police don their identity tags. 139 00:09:27,020 --> 00:09:30,020 The tension is high as they are perhaps about to put an end 140 00:09:30,020 --> 00:09:33,020 to the banana chaos shaking the EU. 141 00:09:37,020 --> 00:09:39,020 Captain Maniscalco and his team surround the port 142 00:09:39,020 --> 00:09:42,020 with sirens and flashing lights switched on. 143 00:09:42,020 --> 00:09:45,020 Nothing must be left to chance as the risks are high. 144 00:09:45,020 --> 00:09:47,020 The sums of money involved are significant 145 00:09:47,020 --> 00:09:50,020 and as one form of trafficking may conceal another, 146 00:09:50,020 --> 00:09:53,020 criminals could well respond in a big way. 147 00:09:55,020 --> 00:09:58,020 For increased security, the air force is called in 148 00:09:58,020 --> 00:10:02,020 while the police launch blocks any attempt to escape by sea. 149 00:10:07,020 --> 00:10:09,020 Due to the timing of the operation, 150 00:10:09,020 --> 00:10:12,020 it was impossible to search the ship from top to bottom. 151 00:10:13,020 --> 00:10:15,020 Every customs document belonging to the captain 152 00:10:15,020 --> 00:10:18,020 was scrutinised page by page. 153 00:10:20,020 --> 00:10:22,020 The fraud is confirmed. 154 00:10:22,020 --> 00:10:26,020 The cargo of bananas has indeed entered Italy fraudulently. 155 00:10:28,020 --> 00:10:30,020 This new operational phase of the inquiry 156 00:10:30,020 --> 00:10:32,020 would enable the organisers of the trafficking 157 00:10:32,020 --> 00:10:35,020 to be identified and brought to justice. 158 00:10:36,020 --> 00:10:40,020 Without delay, the offices of the company under suspicion were entered. 159 00:10:46,020 --> 00:10:49,020 The OLAF officer assisted the Italian authorities. 160 00:10:49,020 --> 00:10:53,020 Actual searches were carried out by the national police forces. 161 00:10:56,020 --> 00:10:58,020 The next day, the Italian authorities 162 00:10:59,020 --> 00:11:02,020 Actual searches were carried out by the national police forces. 163 00:11:04,020 --> 00:11:07,020 On this occasion, the search pays dividends. 164 00:11:08,020 --> 00:11:10,020 The names of the brokers involved in the fraud 165 00:11:10,020 --> 00:11:13,020 are found in the files and on computer. 166 00:11:13,020 --> 00:11:15,020 The documents seized provide watertight evidence 167 00:11:15,020 --> 00:11:18,020 that trafficking has taken place. 168 00:11:28,020 --> 00:11:32,020 The suspects are arrested and led away to the finance police. 169 00:11:34,020 --> 00:11:37,020 It's important to smash the whole network of criminals. 170 00:11:40,020 --> 00:11:44,020 Now it's the turn of the Italian authorities to pursue the criminals. 171 00:11:45,020 --> 00:11:49,020 OLAF has played its part in assisting the legal, customs and police services 172 00:11:49,020 --> 00:11:52,020 of the member states involved in the case. 173 00:11:53,020 --> 00:11:56,020 Had it not been for the cooperation of customs in other member states, 174 00:11:56,020 --> 00:11:58,020 the checks would not have succeeded. 175 00:12:02,020 --> 00:12:05,020 The customs declaration is presented to an office 176 00:12:05,020 --> 00:12:09,020 that checks whether the particulars of the accompanying documents 177 00:12:09,020 --> 00:12:12,020 tally with those of the declaration itself. 178 00:12:14,020 --> 00:12:18,020 And the document is then captured by the customs computer system. 179 00:12:19,020 --> 00:12:23,020 Thanks to the information obtained from the fraud prevention services 180 00:12:23,020 --> 00:12:25,020 in the European Union, 181 00:12:25,020 --> 00:12:28,020 it is possible to identify attempts at fraud 182 00:12:28,020 --> 00:12:31,020 that are to the detriment of the community. 183 00:12:33,020 --> 00:12:35,020 However, OLAF's work is far from over. 184 00:12:35,020 --> 00:12:38,020 Its officer will have to provide details of his actions 185 00:12:38,020 --> 00:12:41,020 when testifying before the Italian courts. 186 00:12:42,020 --> 00:12:46,020 Indeed, judging by our actual experiences in the past, 187 00:12:46,020 --> 00:12:50,020 OLAF's work is a decisive and essential factor 188 00:12:50,020 --> 00:12:53,020 in helping us carry out our inquiries, 189 00:12:53,020 --> 00:12:57,020 as OLAF acts as a driving force, 190 00:12:57,020 --> 00:13:02,020 as well as coordinating and circulating information. 191 00:13:05,020 --> 00:13:07,020 Thanks to experience at OLAF, 192 00:13:07,020 --> 00:13:09,020 and because of information meetings 193 00:13:09,020 --> 00:13:12,020 organised with the magistrates' unit before leaving Brussels, 194 00:13:12,020 --> 00:13:15,020 the OLAF officer complied strictly with the procedures 195 00:13:15,020 --> 00:13:18,020 concerning the legislation in force in Italy, 196 00:13:18,020 --> 00:13:21,020 and his testimony was admissible in the court in Catania. 197 00:13:27,020 --> 00:13:30,020 The case is now taken its final steps 198 00:13:30,020 --> 00:13:33,020 and the case is now taken its final steps 199 00:13:33,020 --> 00:13:36,020 and the case is now taken its final steps 200 00:13:36,020 --> 00:13:39,020 and the case is now taken its course through the criminal courts. 201 00:13:39,020 --> 00:13:42,020 OLAF must now ensure that the financial loss 202 00:13:42,020 --> 00:13:45,020 to the European Union is made good. 203 00:13:45,020 --> 00:13:48,020 The money lost from the fraud must be recovered. 204 00:13:56,020 --> 00:13:58,020 The relevant national authorities 205 00:13:58,020 --> 00:14:01,020 have to recover the sums of money in question, 206 00:14:01,020 --> 00:14:04,020 but OLAF has an important role to play here also, 207 00:14:04,020 --> 00:14:07,020 despite the differences between the national systems. 208 00:14:08,020 --> 00:14:12,020 We have 15 different legal systems in the member states. 209 00:14:13,020 --> 00:14:17,020 This explains why, on the basis of OLAF's experience on the ground, 210 00:14:17,020 --> 00:14:20,020 the European institutions are working towards the creation 211 00:14:20,020 --> 00:14:22,020 of a European public prosecutor, 212 00:14:22,020 --> 00:14:26,020 which should help harmonise criminal prosecutions throughout the Union. 213 00:14:26,020 --> 00:14:29,020 However, until a European public prosecutor is created, 214 00:14:29,020 --> 00:14:32,020 attempts will be made to remedy the fragmentary nature 215 00:14:32,020 --> 00:14:35,020 of the European criminal law enforcement area 216 00:14:35,020 --> 00:14:38,020 through recourse to the legal expertise of OLAF's staff. 217 00:14:38,020 --> 00:14:41,020 This contrasts with the fact that the fraudsters 218 00:14:41,020 --> 00:14:44,020 were organising their illegal activities unhindered, 219 00:14:44,020 --> 00:14:46,020 well before the opening up of borders. 220 00:14:46,020 --> 00:14:50,020 We speak the same language, the same legal language. 221 00:14:50,020 --> 00:14:53,020 This is also very important for us, 222 00:14:53,020 --> 00:14:57,020 to have the close cooperation with the magistrate 223 00:14:57,020 --> 00:14:59,020 and the judges in the member states. 224 00:15:00,020 --> 00:15:03,020 What lessons should be taken from Operation Banana? 225 00:15:03,020 --> 00:15:07,020 It should be remembered that this is not an isolated case, 226 00:15:07,020 --> 00:15:10,020 as OLAF handles hundreds of cases every year. 227 00:15:10,020 --> 00:15:13,020 But Operation Banana is also an exemplary case 228 00:15:13,020 --> 00:15:17,020 of a criminal attack against the financial and economic interests 229 00:15:17,020 --> 00:15:18,020 of the community. 230 00:15:18,020 --> 00:15:21,020 Four factors made the fraud easier. 231 00:15:23,020 --> 00:15:26,020 The complex nature of community regulations. 232 00:15:27,020 --> 00:15:29,020 The transnational nature of the fraud. 233 00:15:32,020 --> 00:15:35,020 The existence of an organised criminal system. 234 00:15:37,020 --> 00:15:40,020 And finally, the dispersal of judicial authorities 235 00:15:40,020 --> 00:15:43,020 throughout the entire European Union. 236 00:15:49,020 --> 00:15:51,020 If it had not been for OLAF, 237 00:15:51,020 --> 00:15:54,020 the case in question might have gone unpunished. 238 00:15:54,020 --> 00:15:58,020 OLAF added value due to its expertise in community regulations. 239 00:16:00,020 --> 00:16:03,020 A transnational approach to its operations. 240 00:16:07,020 --> 00:16:10,020 The multinational composition of its investigators. 241 00:16:13,020 --> 00:16:17,020 The expertise in financial and legal investigations of OLAF staff. 242 00:16:25,020 --> 00:16:30,020 The complexity of the case of OLAF's penalty system in the Great Minister's jail. 243 00:16:34,020 --> 00:16:36,020 That pain. 244 00:16:48,020 --> 00:16:53,020 OLAF's ability to reach at once, 245 00:16:53,020 --> 00:17:00,020 and to sair with others is also indispensable. 246 00:17:02,020 --> 00:17:06,020 To the best of our knowledge, 247 00:17:06,020 --> 00:17:11,020 OLAF intends to break Universal Law 248 00:17:11,020 --> 00:17:14,020 and launch a new independent system, 249 00:17:14,020 --> 00:17:19,020 that spares the highest risk! 250 00:17:19,020 --> 00:17:21,020 Special thanks to