Documents that federal judge Robert Scola ordered unsealed in Miami on Wednesday morning reveal that Colombian businessman Alex Saab regularly met with U.S. federal agents between 2016 and 2019, and that he formally became a “cooperating source” in 2018.
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The documents say Saab turned over evidence that he’d paid bribes to Venezuelan officials in exchange for fraudulent food and housing construction contracts.
Those schemes allegedly netted hundreds of millions of dollars for Saab and the Venezuelan officials, money Saab is accused of laundering around the world.
As part of that cooperation, documents say Saab “agreed to disgorge profits” that he obtained through “illicit activity conducted as part of the conspiracy.” Saab then transferred nearly $10 million to a DEA bank account while he cooperated.
When Saab stopped cooperating with U.S. agents in 2019, U.S. prosecutors indicted him. The unsealed documents say he was indicted after Saab did not turn himself into authorities at the agreed-upon time.
Last year he was extradited to Miami from Cape Verde, where he was first arrested at the behest of the U.S government.
The Venezuelan government has argued Saab was only trying to feed and house Venezuelans in the face of growing U.S. and international sanctions. In an ongoing public relations push, the government of Venezuelan President Nicolas Maduro also insists it had provided him with diplomatic immunity and that his arrest and extradition were illegal.
Saab only stopped for fuel in Cape Verde while en route to Iran, where he was working on a deal to get fuel for Venezuela, argues the Maduro government.
A federal appeals court is set to hear oral arguments about Saab’s diplomatic status in April. The decision on that question could affect further prosecution.
The revelation that Saab cooperated with U.S. officials presents a direct challenge to the prevailing narrative presented by the Venezuelan government, and has taken some staunch Saab supporters by surprise.
“I don’t believe it,” said Alex Suarez, the president of the Hands Off Venezuela chapter of the University of North Florida in Jacksonville.
Suarez drove down to Miami to sit in on a court hearing on Wednesday, in which Saab was present. Saab wore a khaki jumpsuit and sported a greying man bun upon the top of his head. He did not publicly speak during the hearing.
“I’m very skeptical,” said Suarez. “I want to see these documents. Who would make a deal that they would extradite themselves to the U.S.? I think it’s a way to try to pressure him in some way."
The revelation that Saab cooperated with U.S. Drug Enforcement Administration agents was sealed until now to protect his family in Venezuela.
In the court hearing, Scola removed all media and non-parties from the court room to have a sealed conversation with the attorneys and Saab.
A transcript of the secret conversation was unsealed after the hearing.
"If the Venezuelan government finds out the extent of what this individual has provided, I have no doubt that there will be retaliation against his wife and children. I have no doubt,” argued Saab’s attorney Neil Schuster.
The judge said the fear of harm was "based upon mere speculation” and ordered the documents unsealed.
Saab’s wife, Camilla Fabri, was an a forum in support of her husband in Venezuela as the decision was being made.In a tweet, Fabri denied the revelation.
"Alex Saab will never harm Venezuela, he has not and will not,” she wrote. “They’re trying to stop the natural support that has this campaign has."
Intentan frenar el apoyo que naturalmente ha acompañado esta campaña.
— Camilla Fabri Saab (@CamillaFSaab) February 16, 2022
EEUU miente descaradamente, como con Rusia e Irak.
Alex Saab jamás perjudicará a Venezuela, no lo ha hecho ni lo hará.
Liberaremos a Alex, y lo haremos en lealtad. #FreeAlexSaab pic.twitter.com/5O15aUfTSU
After reporters were let back into the room, the judge ordered the court documents unsealed. Schuster appealed for him to reconsider.
“I made my ruling and that is it,” Scola said sharply.
Schuster declined to comment to reporters as he left the courtroom.
Prosecutors have dropped most of the charges faced by Saab. Publicly they say this was done in order to honor an agreement with Cape Verde over the maximum amount of prison time Saab could have faced with all the charges on the table. Cape Verde would not allow a lifetime imprisonment, prosecutors said in court documents.
But Saab is still facing a lower charge of conspiracy to commit money laundering.
Scola set a trial date for that charge for Oct. 11.
