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BY: Peter Edwards/Peter small
Canada - Evidence of sophisticated intelligence gathering emerges in Hells Angel trial
Top-secret police intelligence documents stamped "Private and Confidential" and "For Police Use Only" were found in the clubhouse of the Niagara Region Hells Angels and in the homes of senior club members, according to court documents.
Details of the police raid were filed in Ontario Superior Court on University Avenue before Justice John McMahon in the trial of Kenneth (Wags) Wagner, 43, of the Hells Angels Niagara chapter.
Wagner was found guilty today of trafficking cocaine and firearms for the benefit of a criminal organization. Sentencing arguments continue.
Wagner had pleaded guilty to trafficking more than four kilograms of cocaine to a member of the Oshawa Hells Angels chapter, who was acting as a police agent, and to possession of $150,675 in proceeds of crime.
However, Wagner had pleaded not guilty to instructing others to commit offences, namely trafficking cocaine and transferring a firearm for the benefit of a criminal organization.
Court heard that when police raided Wagner's home and the Welland-area clubhouse of the international biker club two years ago in a massive police roundup, they discovered three sets of confidential police documents.
The leaked police documents were used by federal prosecutor Tom Andreopoulos to argue that the Hells Angels are a sophisticated criminal organization, with active intelligence gathering operations.
Andreopoulos also noted a police report that states that Ontario Hells Angels maintain photos and lists of police officers, and also information on police officers' wives.
One of the documents discovered in the Niagara police raid was confidential material on the St. Catharines chapter of the Outlaws gang, a rival of the Hells Angels. The document included the Outlaws' photos, names, addresses, licence numbers and dates of birth.
Stamped at the bottom of the report was a notation reading: "This information is for NRP (Niagara Regional Police) personnel only and is not to be disseminated."
The reports were also found in the home Gerald (Skinny) Ward, 60, who was also a founding member of the Niagara Region chapter of the international biker club.
Ward has pleaded pleaded guilty to an assortment of drug trafficking charges, but also vigorously denied charges that they committed the crimes for the benefit of the Hells Angels. His case is ongoing.
Another confidential police document found in the clubhouse and in the homes of Wagner and Ward was a Niagara Regional Police internal intelligence memo concerning the purchase of a local hotel, which was stamped "Private and confidential" and "For police use only."
The third document found in the clubhouse and the homes of Wagner and Ward was a confidential handbook for members of the provincial Biker Enforcement Unit, which was designed to help officers understand biker gangs.
Police also found $150,675.00 in cash and a bulletproof vest in Wagner's home.
Also found at his home was an intelligence report prepared by a member of the Biker Enforcement Unit containing information about members of the Outlaws Motorcycle Club in the Niagara Region.
According to material filed in court by federal prosecutors, the discovery of the confidential police material demonstrates the ability of the Hells Angels to collect "intelligence information" on rival groups and to compromise the security of a police organization.
The Niagara clubhouse, located at 855 Darby Road in Welland, Ont., is heavily fortified, and court documents state that Wagner himself built and installed the clubhouse door, which is metal and filled with cement. A sign inside the clubhouse reads: "WHAT YOU SEE HERE – WHAT YOU SAY HERE – WHAT YOU HEAR HERE – STAYS HERE WHEN YOU LEAVE HERE"
Court documents noted that the biker club also aggressively defends its brand, and trademarked "death head" patch of a winged skull.
In a raid of the Oakville, Ont. home of Craig McIlquham, 38, of the Windsor chapter, police seized a communication on a movie underway named Evil, in which the Angels felt their brand was being infringed.
"They have promised not to use our colours or copyrights," the memo says. "They felt that because the movie was historical that the copyrights did not apply. They have also promised to take out the scene of Knevil kicking HA in the head. These are verbal assurances ... We will also ask for a "screening copy" of the movie or for a letter of refusal in case further legalities are required."
McIlquham and Giuliano Raimondo, 36, also of the Windsor chapter were each also arrested in the September 2006 police operation, called Project Tandem. They were each sentenced to five years and six months in prison for trafficking one kilo of cocaine, 10,000 ecstasy pills and two kilos of methamphetamine. McIlquham and Raimondo also jointly forfeited a total of $139,500 as proceeds of crime
Court heard today that 75 per cent of the estimated 400 Hells Angels in Canada have criminal records, and that members are required to pay dues to support members behind bars in what they call the "Big House Crew."
Other documents filed in court include a transcript of a secretly recorded conversation between Ward and Steve Gault, a full member and secretary of the Oshawa Hells Angels chapter.
At the time of the recordings, Gault was acting as a paid police agent and he received $400,000 for his undercover work, court heard. Gault is now in a witness protection program.
In the conversation between Ward and Gault on August 18, 2005, Ward advised Gault that he used to have a police officer bring him paperwork.
According to the recorded conversation, Ward also said that anybody using the Hells Angels name that isn't a Hells Angels must pay the chapter.
"This again shows that the Hells Angels vigorously protect their name and that the fact they are Hells Angels, people will pay them for fear of reprisal," says a police report filed in court.
In one of their recorded conversations, Ward advised Gault that the Hells Angels Niagara Chapter are the only ones allowed to deal cocaine in the Niagara area.
"They chase down anyone trying to bring product into their area, illustrating their territorial control," the police report states. "This demonstrates the Hells Angels territorial control and control of the illicit drug market within that territory.
During the 18-month undercover operation, Peterborough drug dealer Steven Vincent Deal tried to hire Gault to murder a drug competitor.
Deal pleaded guilty on January 3 in Lindsay, Ont. to counsel to commit murder and breach of recognizance.
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