The Snakehead

by Patrick Radden Keefe

  150 He fell into a depression: Confidential source.

  150 Because he knew: Ibid.

  150 Ah Kay hid: Interview with Luke Rettler, May 30, 2008.

  150 Then one day he left: Ah Kay testimony, Zhang Zi trial.

  151 When Ah Kay left: Alan Tam testimony, the Teaneck trial.

  151 Ah Wong, as he was known: Ibid.; FBI confidential informant report, September 23, 1993, File # 281E-NY-196708.

  151 Ah Kay instructed: Interview report of Lin, Chang Liang, Bergen County Prosecutor’s Office, July 17, 1995.

  151 When Luke Rettler: Interview with Luke Rettler, July 26, 2007.

  151 Tam found criminal lawyers: FBI confidential informant report, September 23, 1993, File # 281E-NY-196708.

  151 When Ah Kay had: Alan Tam testimony, the Teaneck trial.

  152 He also signed leases: Transcript of an interview with Erica Lugo, sales associate at Century 21 Realty, Bergen County Prosecutor’s Office, October 14, 1993.

  152 Alan Tam always specified: Ibid.

  152 They moved so frequently: Alan Tam testimony, the Teaneck trial.

  152 The bathroom at a safe house: Crime scene investigation report, Bergen County Prosecutor’s Office, July 12, 1993.

  152 They cooked: Ibid.

  153 “We watch kung fu movies”: Alan Tam testimony, the Teaneck trial.

  153 They played Nintendo: Property and evidence receipt, Bergen County Prosecutor’s Office, June 14, 1993.

  153 At one of the houses: Jim Consoli, “Shooters Hunted in Gang Killings,” Bergen County Record, June 23, 1993.

  153 People assumed: Witness interview with [name withheld], Bergen County Prosecutor’s Office, August 24, 1993.

  153 Then one day Dan Xin Lin: Interview with Ray Kerr, May 22, 2007.

  153 Dan Xin sat: Interview with Tom Trautman, May 3, 2007.

  153 But Dan Xin said: Interview with Luke Rettler, in which he referred to affidavits filed by the investigating officers, crime scene specialists, and Dan Xin Lin, May 30, 2008.

  154 The FBI coordinated: Interview with Luke Rettler, July 26, 2007.

  154 He had grown obsessed: Interview with Konrad Motyka and Bill McMurry, December 15, 2005.

  154.He instructed some of his allies: FBI confidential informant report, September 14, 1993, File #281E-NY-196708.

  154-55 That March and April: Case report, homicide investigation of Yu Ping Zhang, et al., Bergen County Prosecutors Office, February 18, 1994.

  155.He pulled out: FBI confidential in formant report, September 23, 1993, File #281E-NY-196708.

  155 Dan Xin offered: FBI confidential informant report, September 14, 1993, File #281E-NY-196708.

  155 They visited a gun dealer: FBI confidential informant report, December 9, 1993, File #281E-NY-196708.

  155 They bought five handguns: Case report, homicide investigation of Yu Ping Zhang, et al., Bergen County Prosecutors Office, February 18, 1994.

  155 But they had neglected: FBI and confidential informant report, September 14, 1993, File #281E-NY-196708.

  155 As the plotters: FBI confidential informant report, November 12, 1993, File #281E-NY-196708.

  155 Tam said he didn’t: Thomas Zambito, “Gang Insider Turns Accuser,” Bergen County Record, November 2, 1995.

  156 Tam had always: Interview with Konrad Motyka and Bill McMurry, December 15, 2005.

  156 On the evening of May 23, 1993: Interview with Ray Kerr, May 22, 2007.

  156 The next afternoon: FBI confidential informant report, September 23, 1993, File #281E-NY-196708.

  156 Inside, a man: Interview report of Lin, Chang Liang, Bergen County Prosecutor’s Office, July 17, 1995, and September 20, 1993.

  156.The house was very comfortable: Thomas Zambito, “Gang Slaying At tempt Detailed,” Bergen County Record, November 16, 1995.

  157.The doorbell rang: Interview report of Lin, Chang Liang, Bergen County Prosecutor’s Office, July 17, 1995.

  157 Dan Xin looked angry: Interview report of Lin, Chang Liang, Bergen County Prosecutor’s Office, September 20, 1993.

  157 They took him: interview/statement of Dan Xin Lin, Bergen County Prosecutor’s Office, May 26, 1993.

  157 The basement floor was cold: Interview report of Lin, Chang Liang, Bergen County Prosecutor’s Office, July 17, 1993.

  157 One of Dan Xin’s underlings: Charles Young, “Four Deny Role in Teaneck Shooting,” Bergen County Record, July 7, 1993.

  157 He found a blanket: Interview report of Lin, Chang Liang, Bergen County Prosecutor’s Office, July 17, 1995.

  157 After establishing: Interview/statement of Dan Xin Lin, Bergen County Prosecutor’s Office, May 26, 1993.

  157 Ah Wong had spent: Thomas Zambito, “Survivor of Teaneck Ambush Tells of Escape,” Bergen County Record, October 19, 1995.

  157 As afternoon gave way: Details in this paragraph are drawn from the interview report of Ah Mee Liu (aka “Ming Chen”), Bergen County Prosecutor’s Office, February 3, 1994; Zambito, “Survivor of Teaneck Ambush Tells of Escape;” Debra Lynn Vial, “‘These Men Are Real Sweethearts’—Death Scene Painted in Gang Trial Summations,” Bergen County Record, December 8, 1995; Thomas Zambito, “Six Gang Members Convicted of Murder,” Bergen County Record, December 16, 1995.

  158 Dan Xin may have: Interview with Luke Rettler, May 30, 2008.

  158 On the front porch: Details from this paragraph are drawn from interview of defendant, Chao Lin Feng, Bergen County Prosecutors Office, May 31, 1993; interview report of Ah Mee Liu (aka “Ming Cheng”), Bergen County Prosecutors Office, February 3, 1994. Zambito, “Survivor of Teaneck Ambush Tells of Escape;” Robert Hanley, “Teaneck Killings Laid to Chinese Gangs Power Struggle,” New York Times, May 26, 1993.

  158 Chang heard the shot: Zambito, “Gang Slaying Attempt Detailed.”

  158 But he hardly registered: Interview report of Lin, Chang Liang, Bergen County Prosecutors Office, July 17, 1995.

  158 Akiva Fleischmann: Interview with Akiva Fleischmann, April 19, 2007.

  159 Another neighbor: Witness interview with [name withheld], Bergen County Prosecutors Office, August 25, 1993.

  159 Three local kids: Witness interview with [name withheld], Bergen County Prosecutors Office, August 26, 1993.

  159 When the officers arrived: Crime scene investigation report, Bergen County Prosecutors Office, July 12, 1993.

  159 Akiva Fleischmann still didn’t know: Interview with Akiva Fleischmann, April 19, 2007.

  159.Ah Wong was still alive: Interview report of Callis Brown, Teaneck Volunteer Ambulance Corps, Bergen County Prosecutors Office, June 3, 1993.

  160.“Naked oriental male”: Autopsy Report—ME #0895, Victim Guo Liang Wang, Bergen County Prosecutors Office, May 27, 1993.

  160 A tenth bullet: Case report, homicide investigation of Yu Ping Zhang, et. al., Bergen County Prosecutors Office, February 18, 1994.

  160 Four-Eye was eventually apprehended: Michael Fechter, “Dishwasher Charged in Gang Killings,” Tampa Tribune, May 4, 1995.

  160 Shing Chung has never: Interview with William J. Murray and Tom Goldrick, the lead prosecutor and investigator on the Teaneck case, April 19, 2007.

  160 “Get out of here!”: Interview of defendant, Chao Lin Feng, Bergen County Prosecutors Office, May 31, 1993.

  161 In nearby Fort Lee: Case report, homicide investigation of Yu Ping Zhang, et al., Bergen County Prosecutors Office, February 18, 1994.

  161 Ray Kerr was asleep: Interview with Ray Kerr, May 22, 2007.

  161 The killers were held: Charles Young, “Police Fear Escalation of Gang War,” Bergen County Record, May 29, 1993.

  161 When a judge set: Elliot Pinsley and Jim Consoli, “Act of Revenge,” Bergen County Record, May 26, 1993.

  161.Chang, the Fujianese hostage: Interview with William J. Murray and Tom Goldrick, April 19, 2007.

  162.In New York, the small band: This fear was related to me by every law enforcement officer that I spoke with who was involved in the Fuk Ching investigation at the time
. See also Ying Chan, “N.J. Ambush Fuels Gang War Fear,” Daily News, May 27, 1993; Young, “Police Fear Escalation of Gang War.”

  162 During the trial of the murderers: Alan Tam testimony, the Teaneck trial.

  162 Because the Teaneck trial: Ibid.

  162 “From what I hear”: Tu Wei Chung testimony, the Teaneck trial.

  CHAPTER 10: MUTINY IN THE ATLANTIC

  In addition to interviews with law enforcement officials and passengers who were on board the Golden Venture, this chapter draws on the accounts of Captain Tobing, Kin Sin Lee, Sam Lwin, and Weng Yu Hui, each of whom gave his version of the mutiny and landing in Queens at one point or another, either in interviews with law enforcement or in testimony related to the various prosecutions that ensued. As indicated in the body of the chapter, the reporting of the South China Morning Post put America’s intelligence agencies to shame when it came to discerning, in real time, the trajectory of the Golden Venture; fifteen years later I found those articles invaluable in puzzling out the voyage of the ship.

  164 The ship’s imminent arrival: Letter from Carter to Raggi, re: United States v. Kin Sin Lee, et al.

  164 When Lee was able: United States v. Moe, 64 F.3d 245, at 248.

  164.Kin Sin Lee was growing anxious: Ibid.

  165.Captain Tobing liked this new plan: Ibid.

  165 But Lee was in no mood: Supplemental criminal incident report, William Stray, June 7, 1993.

  165 With the matter unresolved: United States v. Moe, 64 F.3d 245, at 248.

  165 He didn’t call it: Testimony of Kin Sin Lee in United States v. Kin Sin Lee, et al., 93 CR 694, June 28, 1994 (hereafter Lee testimony, Lee trial).

  165 The ship’s Burmese first officer: Government appellate brief in United States v. Lee, 122 F.3d 1058, Second Circuit Court of Appeals, April 12, 1995; Lee testimony, Lee trial.

  166 In Lwin’s account: Testimony of Sam Lwin in United States v. Kin Sin Lee, et al., 93 CR 694, June 23, 1994.

  166 With Tobing locked in his cabin: Supplemental criminal incident report, Detective William Stray, June 7, 1993.

  166 Lee did not know: Brief for the defendant appellant, Lee Peng Fei, in United States v. Fei, 225 F.3d 167, before the Second Circuit Court of Appeals, October 1, 1999.

  On the morning of June 4: “Post-Seizure Analysis—M/V Golden Venture,” unclassified internal Coast Guard document, August 1993.

  As early as October 1992: Interview with Donald Monica, June 9, 2008.

  167 At least on paper: Department of Justice limited official use document, “The Immigration Emergency,” July 8, 1993.

  167.As it happened, in February 1993: “Hijacked Merchant Ship Awaits Permission to Land,” United Press International, February 10, 1993.

  168.Then the United States turned: Peter Woolrich and Michael Chugani, “Hong Kong Rejects Chinese Illegals,” South China Morning Post, February 14, 1993.

  168 The East Wood had become: Interview with Eric Schwartz, former National Security Council official responsible for boat smuggling issues, January 5, 2006.

  168 The UN monitors ultimately concluded: “More than Five Hundred Chinese Nationals Repatriated from Marshall Islands,” Agence France Presse, March 6, 1993.

  168 But no sooner: Peter Woolrich, “Dreams Crash Land on the Shores of Home,” South China Morning Post, March 7, 1993.

  168 In a series of stories: Paul Tyrrell, “Bilateral Deal on Illegals Violated,’” South China Morning Post, March 13, 1993; Peter Woolrich, “China Slammed over East Wood Illegals,” South China Morning Post, March 14, 1993.

  169 Officials in Beijing: “Peking Denies Detention of East Wood Migrants,” Central News Agency—Taiwan, March 17, 1993.

  169 What is clear: E-mail from Ambassador E. Michael Southwick, May 29, 2008.

  169 In 1993 there was: Interview with Donald Monica, June 9, 2008.

  169 Some at the INS: Confidential interview, June 6, 2007.

  One plan that was briefly: Interview with Mark Riordan, June 7, 2007; interview with Ben Ferro, former INS official, June 24, 2008.

  Don Monica was still trying: Interview with Donald Monica, June 9, 2008.

  On April 15, 1993: Department of Justice limited official use executive intelligence brief, HQ-EB-93-33, “People’s Republic of China: An Update on Current Smuggling Trends,” April 15, 1993.

  On April 4, 1993: Peter Woolrich, Matiko Bohoko, and Chris Dobson, “Immigrants Escape in High Seas Drama,” South China Morning Post, April 4, 1993.

  172.On April 16: Diplomatic cable from U.S. Consulate in Durban to various recipients in Washington and internationally, April 16, 1993.

  173.The next time Kin Sin Lee: Lee testimony, Lee trial.

  173 There wouldn’t be any: The details of this conversation are drawn from Weng Yu Hui testimony, Sister Ping trial, and Lee testimony, Lee trial.

  173 But the first officer turned captain: United States v. Moe, 64 F.3d 245, at 248.

  173 Weng suggested that: Lee testimony, Lee trial.

  174 If Lwin could: Letter from Carter to Raggi, re: United States v. Kin Sin Lee, et al.

  174 The following day: Lee testimony, Lee trial; government brief in United States v. Fei, appellate brief, Second Circuit Court of Appeals, November 4, 1999.

  174 At Charlie’s urging: Lee testimony, Lee trial.

  174 Sean Chen was huddled: Interview with Sean Chen, February 6, 2008.

  174 Then, around midday: United States v. Fei, 225 F.3d 167, at 170.

  174 According to some accounts: Government brief in United States v. Lee, 122 F.3d 1058, appellate brief, Second Circuit Court of Appeals, April 12, 1995.

  174 But according to others: Letter from Carter to Raggi, re: United States v. Kin Sin Lee, et al.

  175 It is a frequent refrain: Interview with Mark Riordan, June 7, 2007; see also William Claiborne, “Elusive Ships Frustrate Coast Guard,” Washington Post, July 21, 1993.

  175 What we do know: Richard Pyle, “Ship Carrying Chinese Aliens Runs Aground Off NYC; at Least Seven Dead,” Associated Press, June 6, 1993.

  175 When the ship reached: Lee testimony, Lee trial.

  175 Shortly after midnight: Testimony of Sam Lwin in United States v. Kin Sin Lee, et al., 93 CR 694, June 23, 1994.

  175 As darkness fell: Lee testimony, Lee trial.

  176 “Let’s do it”: Brief for the defendant appellant, Lee Peng Fei, in United States v. Fei, 225 F.3d 167, Second Circuit Court of Appeals, October 1, 1999.

  176 In the last moments at sea: These details are drawn from interviews with Sean Chen, February 6, 2008, and June 5, 2008.

  CHAPTER 11: A WELL-FOUNDED FEAR

  This chapter is based primarily on interviews with Bill Slattery, Doris Meissner, Eric Schwartz, and other officials who were involved in handling the difficult policy decisions in the days, months, and ultimately years following the arrival of the Golden Venture. Some of the current and former officials in question agreed to speak with me at length about the experience but did not want any facts or assertions attributed to them by name. The chapter also draws on an extensive collection of internal Clinton administration documents and memoranda. These materials were released through discovery in the lawsuit that was eventually filed against the Justice Department on behalf of the Golden Venture detainees, and were supplied to me by Craig Trebilcock, of York, Pennsylvania, one of the lead lawyers in that suit.

  178 One historian referred: Alexander Saxton, The Indispensable Enemy: Labor and the Anti-Chinese Movement in California (Berkeley: University of California Press, 1975). Saxton makes a more nuanced point as well, suggesting that the Chinese were indispensable to the development of organized labor in California during the nineteenth century because anti-Chinese animus became a galvanizing rallying force.

  179 In March the New York Times: Francis X. Clines, “After Bombing, New Scrutiny for Holes in Immigration Net,” New York Times, March 12, 1993.

  179 He sounded dire warnings: Marlowe Hood, “Riding the Snake,” Los Angeles Times Magazi
ne, June 13, 1993.

  180 Slattery was hard-nosed: Unless otherwise noted, material relating to Bill Slattery is from an interview with Bill Slattery, July 7, 2008.

  181 Since the inauguration: Interview with Eric Schwartz, January 5, 2006.

  181.Sean Chen and the other passengers: Wendy Lin and Jessie Mangaliman, “Woes of Smuggling,” Newsday, June 10, 1993.

  182.“It’s been our tradition”: Tim Weiner, “Smuggled to New York,” New York Times, June 8, 1993.

  182 Some snakeheads had been known: No major cases had been brought against lawyers for cooperating with snakeheads in 1993, but in 2000 one of the most prominent immigration attorneys representing the Chinese community in New York, Robert Porges, was arrested and charged, along with his wife, in a ninety-count racketeering indictment. See United States of America v. Robert Porges, aka “Lawyer Bao,” et al., S6 00 Cr. 934 (DLC), United States District Court for the Southern District of New York. Porges and his wife pleaded guilty to racketeering, conspiracy, and tax fraud and were sentenced to serve eight years in prison (though in letters to me from prison, both Robert and Sheery Lu Porges maintained their innocence). See also Elizabeth Amon, “The Snakehead Lawyers,” New York Law Journal, July 17, 2002.

  182.It wasn’t unheard of: Mark Ham-blett, “Government Outlines Case Against Porges,” New York Law Journal, September 27, 2000.

  183.At Varick Street: Diane Jean Schemo, “Refugees Blocked from Get ting Legal Help,” New York Times, June 10, 1993.

  183 The attorneys had maintained: Ibid.

  183 Sean Chen found himself: Interview with Sean Chen, February 6, 2008.

  184 On that first day: Melissa Robinson, “Chinese Prisoners Endured Painful Journey for Chance at Freedom,” Associated Press, June 9, 1993.

  184 But Sean was beginning: Seth Faison, “U.S. Tightens Asylum Rules for Chinese,” New York Times, September 5, 1993.

  184.On Friday, June 11: White House meeting agenda prepared by Carol Rasco and Sandy Berger, June 10, 1993.

  185.Before the Golden Venture: Pamela Burdman and Ken Hoover, “U.S. Organizing to Repulse Smuggler Ship Invasion,” San Francisco Chronicle, May 28, 1993.