Small faces 25 years, US$750,000 fine

CLIVE LANCELOT SMALL is now in Fort Lauderdale, Florida, ready to face a three-count indictment which includes conspiracy to possess high-powered rifles. It started in 2000 with telephone tape recordings done by undercover ATF agents in Florida to a residence in Trinidad. One man, Trinidadian Keith Andre Glaude, who was implicated in the conspiracy, pleaded guilty in 2002 and was jailed for two years. He is now one of the key witnesses against Small, 70, a grocery owner of Gonzales and a top member of the Jamaat-al-Muslimeen.

Small was arrested in Port-of-Spain in March this year on a provisional warrant. The request by the United States for Small was no pushover. Small, through his team of lawyers headed by Pamela Elder SC, fought every inch of the way until November 18 when the Jamaat member failed to convince Justice Rajendra Narine that he should be released on a habeas corpus application. Following that loss, Small threw in the towel and said he was ready to go. Apart from being extradited, Small also faces losing his property as the State intends moving to recover costs incurred during the eight-month legal battle.

Attorney General John Jeremie wasted no time and signed the extradition warrant on November 22. Two days later, the US Marshals were here and Small was whisked away under tight security to Florida to face his trial which will be held in the new year. Small was taken away on American Airlines flight 1668 to Miami.

What is the case against Lance Small?
The US Department of State has prepared a docket on Small which formed part of the extradition request made to the TT government. The following is taken from the US Department of State’s file: In November 1989, the ATF office in Fort Lauderdale received information identifying an individual who was engaged in the purchase of a large number of surplus military assault rifles for shipment to the Jamaat-al-Muslimeen in Trinidad. The Jamaat, according to the US, was involved in the 1990 unsuccessful violent coup attempt in Trinidad. In February 2000, a confidential source of information, a former member of the Jamaat who was referred to by assistant US attorney Roger W Powell as John Doe, reported that Lance Small was willing and able to export large quantities of firearms to Trinidad for the Jamaat’s use and resale.

John Doe subsequently introduced the undercover ATF agent to Small. From April 2000 to May 2001, the undercover ATF agent taped numerous telephone conversations he had with Small in which they discussed the logistics of the agent transferring 60 AK-47 rifles and ten Mac-10 machine guns with silencers to Small’s associates based in the US for shipment to Trinidad. According to Powell, in April and May 2001, Small sent his associates Glaude to meet with the undercover agent in South Florida. On May 29, 2001, Glaude met with ATF agent Steve Mc Kean, acting in an undercover capacity as an illegal arms dealer.

During the meeting, Glaude reported he was a courier for the Jamaat and was in the US to take possession of the firearms for delivery to Small and his associates in Trinidad. Glaude guaranteed that the firearms would be exported to Trinidad concealed in a furniture container shipment and delivered to Small. On May 30, 2001, Mc Kean conducted a sting operation during which Glaude inspected the arms  during a videotaped meeting.

Glaude took possession of the firearms and silencers following which he was arrested by ATF agents. According to Powell, Glaude confessed that he was sent by Small to take delivery of the firearms at the time of his arrest. He was later indicted by the grand jury on charges of possession of machine guns and silencers. Glaude pleaded guilty to possession of the machine guns, while the charge of possession of silencers was dropped. He was sentenced to two years in jail along with three years of supervision.

THE CHARGING PROCESS
Under the federal law of the United States, a criminal prosecution is commenced when a grand jury returns an indictment. The grand jury is an independent body comprising private citizens — not less than 16 and not more than 23 persons. On May 23, 2002, a grand jury sitting in the Southern District of Florida returned an indictment charging Lance Small in a three-count indictment with conspiracy to possess machine guns and silencers, and possession of machine guns and silencers. The penalty for conspiracy to possess machine guns and firearm silencers carries a maximum penalty of five years imprisonment and a US $250,000 fine. The penalty for possession of machine guns carries a maximum penalty of ten years and a US$250,000 fine. The penalty for possession of firearm silencers carries a maximum penalty of ten years and a US$250,000 fine.

Powell, in his affidavit, said the US government will produce evidence to establish that Small conspired with other persons known and unknown to possess machine guns and firearm silencers. Powell has produced exhibits which will be used at the trial. There is the evidence of the witness John Doe, a confidential informant and former associate of Lance Small. The US does not want to identify John Doe at this time out of fear that his life would be in danger. There is also the evidence of Keith Glaude, described as a co-conspirator, along with special agent Steve Mc Kean