Cooperation between Federal Judicial Police and Prosecutors Patrick

Cooperation between Federal Judicial Police and Prosecutors Patrick BOURGEOIS FJP Brussels Ann Lukowiak Prosecutor East-Flanders

Summary - Film “ 10 Minutes” - Case “Big nose” - Keys for succesfull cooperation

FILM “ 10 MINUTES”

Criminal investigation “BIG NOSE” April 2006 - June 2007 Romanian offenders / victime(s) Offenders group: gypsy clan (2 families)

April 2006 – May 2006 q Information from Romanian colleagues: § Romanian gypsy clan is dealing with sexual exploitation of Romanian girls (including minors) in Brussels § names of 10 potential victims § indication about an address in Brussels (Oudergemlaan 68102) § 5 mobile phone numbers probably used by the organization § use of violence § some targets arrested in Spain

q First investigation acts: § 7 girls are known for prostitution activities in Brussels and this since 2005 § search for minors § localization of the address: Oudergemlaan 68 (address is no longer used by the organization) § implementation of a search warrant at the address: ü Romanian identity card ü document about a money transfer to an unknown person ü lease signed by Roberto L (identification based on the copy of falsified Spanish ID)

§ mobile numbers: prepaid cards § presence of a target in Belgium ü airport Brussel – Zaventem ü with a Romanian girl Ø luggage: only underwear Ø hotel reservation (often first address for arriving girls) Ø paper mentionning the name of a street in Brussels (other address of the organization)

May 2006 – June 2006 q Identification of 15 other potential victimes of the same organization § result of our daily activities § based on: origine – prostitution houses – earlier passage in Spain – contacts between the girls – addresses) q Further investigation about the addresses: § identification of 8 other addresses used by the organization § addresses already left contact with owner person who hires the appartements = one person Roberto L § contracts established on the base of false/falsified French ID different names

q Check identities Roberto L in police DB: § § 30/01/2006: Roberto L was subject of a Ctl of local police with 2 others persons (later identified as targets) fingerprints full identification by Romanian police (+ 12 other false identities) q Start of a financial investigation: § view of the money transfers received by the identified suspects in Romania (>114. 000 euro) § view of the money tranfers from Belgian to Romania (victimes – surveillants - …. ) (>902. 500 euro) § period : +/- 1. 000 euro § identification of other persons (victims – organization members)

June 2006 – July 2006 q Starting of observations: § § § identification of members present in Belgium identification of other victims confirmation of contacts between persons mentionned above localization of all addresses identification of vehicles gathering evidence q Results of observation: § identification victims (40), suspects, vehicles (Cayenne) § localization of 10 addresses § evidence (gathering money – surveillance girls – transfer of money – voyages between Belgium and Romania – use of forged ID)

July 2006 – September 2006 q Implementation of an ILOR to Romania: § view on the structure of the organization (next slide) § localization and reception of the hearing of a victim (minor) § hearing of a former member of the organization q Interview of a victime in Belgium q Investigation about the movements between Romania and Belgium § when ? § with who? § which kind of transport?

September 2006 – March 2007 q Other investigation acts : § telephone observations q Supplemental information: § Roberto L = arrested in Italy § trafficking in drugs (cocaine) between Belgium and Italy § organization active in other countries: ü Romania: fraude with credit cards ü Spain: fraude with credit cards + THB ü France: THB ü UK: THB

April 2007 – May 2007 q Reappearance of the victim M § hearing of M (statement film) § medical examination of victime q Meeting in France § sexual exploitation during 2004 (minors) § supplemental evidence aganinst suspects q ILOR to Spain (Ops BRAILA) § two suspects arrested § wire taps: elements concerning THB in Belgium q Info: Mov to Belgium for punishment of victim

June 2007 – September 2007 q Police intervention - 01/07/2007: § arrest of punishment team (4) when arriving at airport Brussels South § offensive observation on 3 suspects § implementation of search warrants in 5 appartments and 7 prostitution houses (2 supplemental arrests) § interception of victims: 2 of them decide to enter the program “victime THB” info about recruitment info journey from Romania to Belgium info about working conditions attitude to take in case of Ctl by police use of violence, threats profit, money transfers

q Delivery of 8 European Arrest Warrants: § 05 arrests in Romania § 01 arrest in Bulgaria q Threats on victimes and families § engagement of and cooperation with Romanian police q Intervention of lawyers (suspects) § visiting our police station (J+1) § check with Romanian colleagues § subject of an investigation about corruption

September 2007 – December 2007 q supplemental arrest and extradition (+ testimony) q two new victims “program THB” q additional threats against victims and interventions by lawyers q identification and hearing of other victims q hearing of suspects + confrontations with victims q ILOR to Italy § confession about propre activities § refuse to talk about other members of the organization

January 2008 – June 2008 Continuation of the investigation: THB (aggravating circumstances) criminal organization money laundering ****** other / smaller offences

q Criminal organization: § criminal association of more than 2 persons: (structure – allocating tasks – hierarchy) § active during a certain period ( > 2 years – activities in other countries) § offence = THB § goal = gaining money / patrimony § use of violence

q Money laundering: § money coming from prostitution activities Romania § methods of transferring money ü via agencies ü 2 or 3 times / week ü amounts < 10. 000 euro ü engagement of intermediate people to protect the suspects (as well in Belgium as in Romania) ü use of forged ID for money transfers § gain: 700 – 1. 200 euro / day / victim

Outcome of the investigation and the prosecution

Initial conviction – June 2008 Person Imprisonment Penalty Deprivation rights Valter P 7 years 25. 000 euro 5 years Decebal B 7 years 25. 000 euro 5 years Robert A 7 years 25. 000 euro 5 years Tiberius B 7 years 25. 000 euro 5 years Mihael D 4 years 10. 000 euro 5 years Eugen T 3 years * 2. 000 euro 5 years Adriana P 3 years * 1. 000 euro 5 years Dumitri C 2 years * 1. 000 euro 5 years Mihaita A 2 years * 1. 000 euro - Raluca B 3 years * 1. 000 euro 5 years Rica M 3 years * 1. 000 euro 5 years (* suspended prison sentence for a period of 3 years – temporary detention)

q Confiscation of the seized money q Estimated illegally having: 5. 535. 660 euro NO CONFISCATION PER EQUIVALENT: not sure obtained in Belgium theoretical calculation q Victims (damage): § § S 1: S 2: S 3: S 4: 3. 500 euro 2. 500 euro 01 euro -

Conviction appeal – Jan 2009 Person Imprisonment Penalty Deprivation rights Valter P 8 years 25. 000 euro 10 years Decebal B 8 years 25. 000 euro 10 years Robert A 7 years 25. 000 euro 10 years Tiberius B 7 years 25. 000 euro 10 years Mihael D 4 years 10. 000 euro 10 years Eugen T 4 years 10. 000 euro 10 years Adriana P 3 years * 1. 000 euro 10 years Dumitri C 2 years * 1. 000 euro 10 years Mihaita A 2 years * 1. 000 euro 10 years Raluca B 3 years * 1. 000 euro 5 years Rica M 3 years * 1. 000 euro 5 years (* suspended prison sentence for a period of 3 years – temporary detention)

q Estimated illegal patrimony: § § Valter P (8) Decebal B (6) Robert A (4) Tiberius B (6) 3. 472. 000 euro 2. 889. 600 euro 1. 736. 000 euro 2. 990. 400 euro CONFISCATION PER EQUIVALENT 700 euro/day/victim suspicion of other girls working for them suspicion of rotation of the girls known number + full-time

q Victims: § S 1: 423. 000 euro (material damage) - 5. 000 euro (moral damage) § S 2: 257. 680 euro (material damage) – 5. 000 euro (moral damage) § S 3: 01 euro (moral damage) § S 4: victims obtained what was asked conviction of the suspects to pay all together the amount (commun fault) (participation attributes to the functioning of the criminal organization)

Keys for succesfull cooperation • THB trained police officers and THB trained prosecutors • knowledge of the phenomenon as a transnational crime • Knowledge of possible related crimes (for exemple human smuggling) • Trustrelationship with specialised shelters

Keys for succesfull cooperation Victim approach as an human being and not as evidence Victim not central in the prosecution (other investigation acts and evidence) + understanding of the background of the victims

Keys for succesfull cooperation Victim status Victi m Victim statemen t Victim No statemen t

Thank you for your attention Ann & Patrick