[Congressional Record Volume 140, Number 16 (Wednesday, February 23, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: February 23, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
          KEY DOCUMENTS PROVE INNO- CENCE OF JOSEPH OCCHIPINTI

                                 ______


                      HON. JAMES A. TRAFICANT, JR.

                                of ohio

                    in the house of representatives

                      Wednesday, February 23, 1994

  Mr. TRAFICANT. Mr. Speaker, as part of my continuing efforts to bring 
to light all the facts in the case of former Immigration and 
Naturalization Service agent Joseph Occhipinti, I submit into the 
Record the first part of a sworn affidavit from one Luis Rodriguez:

   Statement of Luis Rodriguez--State of New York, County of New York

       1) Luis Rodriguez, being duly sworn deposes and says I am a 
     Dominican national and a naturalized United States citizen 
     residing in the State of New Jersey.
       2) In April and May of 1991, I agreed to work as an 
     undercover investigator for a private investigator called 
     David Venezian.
       3) The goal of the investigation was to prove that certain 
     Dominican merchants in upper Manhattan were involved in 
     various crime. These merchants claiming to be honest 
     merchants testified against the immigration officer Joseph 
     Occhipinti had violated their civil rights and in some cases 
     stolen money.
       4) I agreed to do this undercover work at great personal 
     risks and free of charge. The reasons were many: Mr. 
     Occhipinti is well respected in the Dominican community for 
     helping illegal aliens and fighting the drugs dealers and 
     criminals who kill our children; also, Mr. Occhipinti 
     arrested my sister about fifteen years ago as an illegal 
     alien. He never abused her or violated her rights as these 
     merchants say. In fact, he helped my sister to get her green 
     card and eventually became a US citizen.
       5) In April, 1991 I began to enter various Dominican 
     bodegas and stores posing as a drug dealer from New Jersey 
     interested in buying and selling all kind of illegal things. 
     In these conversations I gave permission to have my 
     conversations monitored with a tape recorder. I succeeded in 
     proving that these merchants were involved in some of the 
     following illegal activities: smuggling aliens, selling false 
     documents, drug trafficking, gambling, illegal wiring of drug 
     money to the Dominican Republic. IRS frauds, illegal sale of 
     untaxed liquors and others. During these investigations, I 
     successfully bought illegal bolitas (illegal gambling 
     numbers), untaxed rum and false documents. I also negotiated 
     the sale of stolen property, drug trafficking and illegal 
     money transfers.
       6) During this period, I conducted undercover work at the 
     following businesses which relate to the witnesses who 
     testified against the Officer Occhipinti.


                           the crucey grocery

       (1) On April 19, 1991, I went to the Crucey Grocery at 3882 
     Broadway, New York, New York. I placed an illegal bet and 
     bought untaxed rum from an employee.
       (2) On May 6, 1991, I met with Altagracia Crucey who was 
     the owner of the Bodega and one of the witnesses who 
     testified against Mr. Occhipinti. I told her I had a truck 
     load of stolen beer that I wanted to sell. She told me she 
     was afraid at this time to buy it because she was a 
     government witness. She explained to me that she had been 
     pressured to testify by the prosecutor, who was also telling 
     her how to testify. She was upset about being a witness 
     because the government kept on going to her house. She 
     admitted being arrested by immigration for having a gun. She 
     told me that she was thinking of suing the government because 
     she had a miscarriage.
       (3) I have been told that Ms. Crucey testified at trial 
     that her bodega doesn't sell untaxed rum and bolitas. She 
     also denied ever negotiating with me to buy the stolen beer. 
     That testimony was a lie and could be verified by hearing the 
     tape.


                            liranzo grocery

       (1) On April 22nd, 1991, I spoke to the wife of Antonio 
     ``Santana'' Marte at the Liranzo Grocery, 352 Audubon Avenue, 
     New York, New York regarding the sale of stolen beer. The 
     wife told me to speak directly to ``Santana'' and gave me his 
     telephone number, (212) 928-2266.
       (2) On April 27th, 1991, I called ``Santana'' about the 
     stolen beer. He explained to me he was afraid to buy it 
     because the beer was from New Jersey and did not have the 
     five cents return stamp on the can. I also discussed with 
     ``Santana'' about buying a case of untaxed Dominican rum. He 
     told me that there was a shortage of rum because recent 
     shipments of rum were confiscated by US Customs after they 
     found cocaine.
       3) On April 30th, 1991, I met with ``Santana'' at the 
     Liranzo Grocery in order to discuss the sale of the stolen 
     beer.
       I made up the story that immigration had confiscated some 
     of my rum. At that time, ``Santana'' told me that he was a 
     government witness against an immigration officer. He was 
     bragging how he admitted to the court being an illegal alien 
     and how he entered the United States with someone's passport. 
     He explained that the prosecutor promised him and other 
     witnesses that if they testify against the officer, they will 
     no longer be bothered by the police or immigration. So, he 
     agreed. ``Santana'' bragged how he told the prosecutor he was 
     still selling ``bolitas'' and did not intend to stop. The 
     prosecutor never responded to his statement. ``Santana'' said 
     that when the newspaper articles came out against the 
     immigration officer saying he had stolen money from Liberato, 
     ``Santana'' received a phone call asking him ``how much money 
     are you going to say was taken.'' ``Santana'' also said that 
     the prosecutor had changed the first Judge in order to get a 
     stricter Judge. He identified the Judge as being a black 
     woman. ``Santana'' said that on April 29, 1991, the 
     prosecutor had a private meeting for the witnesses 
     testifying, he cautioned them to be careful because people 
     may be coming around to them asking questions.
       4) I have been informed that the trial ``Santana'' denied 
     any interest in buying the stolen beer because it was 
     illegal. That was a lie, The only reason he refused to buy 
     the beer because it did not have the five cent return deposit 
     stamp as required in New York State.


                            liberato grocery

       1) On April 19, 1991, I placed a gambling bet at the 
     Liberato Grocery located at 369 Audubon Avenue, New York, New 
     York.

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