Anti-money laundering council told: Freeze POGO assets

CEBU, Philippines — The Office of the President, through Executive Secretary Lucas Bersamin, the other day ordered the executive director of the Anti-Money Laundering Council (AMLC) to ask the courts to issue a freeze order on the assets of the illegal Philippine Offshore Gaming Operation (POGO) in Tourist Garden Hotel in Lapu-Lapu City, Cebu.

Authorities raided the hotel last August 31 and “rescued” 169 foreign nationals and confiscated several equipment.

Bersamin, who is also the Presidential Anti-Organized Crime Commission chairman, directed AMLC Executive Director Matthew David, in a Sept. 4 memorandum, “to apply with the appropriate court for the issuance of a Freeze Order or Provisional Asset Preservation Order covering all assets of the illegal POGO, which are in any way related to an unlawful activity, as defined by Republic Act No. 9160, as amended”.

He particularly identified the assets he referred to as the whole premises of the resort, including its 13 buildings, and 12 vehicles found in the vicinity during the raid last Saturday, as they are presumed to have been used in the POGO.

Another raid

This developed as the National Bureau of Investigation (NBI) conducted another raid yesterday on the resort in Barangay Agus, Lapu-Lapu City, this time to seize electronic devices allegedly used in cybercrimes allegedly committed by foreign nationals who were part of those authorities rescued.

Armed with two search warrants issued by Regional Trial Court Branch 67 Executive Judge Joseph Stephen Ignacio in Lapu-Lapu City, the NBI operatives searched Building No. 3 and Building No. 5, as well as some vehicles.

The first search warrant was issued for violation of Republic Act No. 9208 (Anti-Trafficking in Persons Act of 2003), as amended by Republic Act. No. 10364 in relation with Republic Act. No. 10175 (Anti-Cybercrime Prevention Act of 2012).

The second search warrant was for qualified trafficking in persons penalized under Republic Act 9208, as amended.

Both search warrants were issued against Chinese national Zhao Long, the owners, managers, employees, and occupants of the hotel.

For the first search warrant, the NBI agents were ordered to “seize and take possession of the computers as defined under R.A. 10175 not limited to desktops, mobile cellular phones, laptops deemed used in the commission of the offense.”

They should also confiscate “electronic used in the illegal activities, sim cards used in the scamming activities, written script used in the scamming activities, undetermined cash proceeds of the crime, cash counting machines, vehicles/conveyances used in transporting the victims, documents such as logbooks, sales invoice, official receipts and other book of accounts, steel vaults and other related items/articles that are deemed used in the commission of the offense.”

The second search warrant, on the other hand, was for the NBI to “seize and take possession of computers systems, mobile cellular phones, sim cards, and script used in the scamming activities, cash proceeds of the crime, documents such as logbooks, sales invoice, official receipts and other book of accounts pertaining to the illegal operation, which are being kept, held and concealed by the subject in the said place”.

The court also required the NBI to “use at least two recording devices, or such number as may be necessary, to capture and record the relevant incidents in the execution of this search warrant, in accordance with the Rules on the Use of Body-Worn Cameras in the Execution of Warrants”.

Earlier in the day, NBI-7 Regional Director Renan Augustus Oliva said that all the evidence gathered in the search will be used to bolster their complaint of Anti-Trafficking in Persons against 16 foreign nationals and one Filipino involved in the illegal POGO activity.

The 16, all Chinese nationals, who were charged are Zhao, Shao Qi alias “Lao Fan”; Zhao Long alias “Xiao Long”; Yang, Teng Da; Ke, Rong Mou alias “Jordan” “Lang Mao” “Yuki”; Ji, Hui alias “Xiao Xi”; Hu, Yonghong; Dai, Chun Lin; and Zhong, Donglin alias “Edison” “Xiao Hei”; Luo, Peng alias “Alang”; Ma, Yi; Shen, Wen Xia alias “Xi Xi”; Zhuang, Jian Guo alias “Wang Fang”; and Wen, Qi Zhen; as well as Lona, Halim alias “Grace” and  Joni alias “Gio”, both Indonesian nationals; and Myanmar national San, Thwe Thwe.

Filipino Zandrew Magdaluyo Cantarona was charged as an accessory to the crime, as he was caught bringing with him the passports of 50 Indonesian nationals who were among the rescued victims of human trafficking.

Oliva said Cantarona refused to cooperate when interrogated.

He said four Filipinas, who were administrative assistants of the 16 foreign nationals, have already executed affidavits identifying their employers.

Oliva also said that as of 7 p.m. last night, implementation of the two search warrants already ceased.

As of press time, however, the NBI-7 was not yet done with its inventory of seized items, particularly the computer and mobile phone units.