One of the allegations raised in the story is that a U.S. Customs Internal Affairs agent -- who is now a Customs attaché in Bern, Switzerland -- had knowledge of illegal surveillance of a hospital ward in Miami. The hospital unit is used to hold individuals suspected of smuggling drugs.

From the Narco News story:

To catch Marrero and his alleged accomplices in the act, Customs Internal Affairs sought and obtained a court order in March 2001 authorizing them to set up video surveillance in the hospital ward. But the order was very specific, authorizing only the “interception of visual, non-verbal conduct and activities.”

… That’s right. Cavicchi contends that Internal Affairs broke the law by setting up audio and video surveillance in the hospital ward. Once the (Customs) inspectors discovered the equipment, the Internal Affairs operation was compromised, but more importantly, the inspectors now had evidence of the illegal nature of the Internal Affairs sting.

… What evidence is there that audio surveillance was part of the equation? Well, in at least two affidavits and in two interviews conducted by Internal Affairs agents (David) Marwell and Samuel Weitz following the discovery of the surveillance equipment, the agents themselves refer to audio surveillance being present.

For example, in an interview conducted with one of the inspectors who removed the surveillance gadgets, an interview conducted jointly by Weitz and Marwell on March 12, 2002, Weitz asks the inspector the following:

“Are you aware of events surrounding the discovery of a hidden audio recorder transmitter device at JMH (Jackson Memorial Hospital), Ward D?”

In a written affidavit submitted by one of the inspectors involved, which is signed by both Weitz and Marwell, the following question is asked:

“Are you aware of events surrounding the discovery of ‘hidden audio/recorder/transmitter device(s)’ at JMH Ward D?”

Cavicchi sums it up this way: “The inspectors detected the surveillance and called (Customs supervisor) Winkowski, and he denied it was Internal Affairs equipment, so they removed it. If it was not a nefarious operation, Internal Affairs should have just said it was their equipment and told the inspectors to leave it alone.”

Cavicchi’s letter to the Swiss ambassador, dated Dec. 16, reads as follows:  

The Hon. Christian Blickenstorfer
Ambassador of Switzerland to the United States of America
2900 Cathedral Ave. NW
Washington, DC 20008

Re: David Marwell, Customs Attaché assigned to Bern, Switzerland

Dear Ambassador Blickenstorfer:

I am enclosing an article published in the Narconews.com….

Mr. Marwell is a United States representative stationed in Bern, Switzerland. Because of the revelations contained in this article, there are serious questions regarding Mr. Marwell’s integrity. I bring this to your attention because he is under diplomatic immunity in Switzerland. You may obtain the documentation of the surveillance conducted at the Jackson Memorial Hospital by accessing the article on the web and clicking on the related links.

I believe your government should research these allegations in order to determine Mr. Marwell’s suitability to remain in Switzerland as Customs Attaché.

Sincerely,

John Cavicchi

Cavicchi recently contacted Narco News and provided the following update on the Swiss government’s response to his letter:

“Looks as though the Swiss don't fool around,” Cavicchi wrote in an e-mail to Narco News. “Here's their response to your article.”

Dear Mr. Cavicchi:

We would like you to know that we received your letter of December 16, 2004, and forwarded it to the Swiss authorities in Bern.

With best regards,

FOR THE CHARGE D’AFFAIRES A.I. OF SWITZERLAND

Philippe Etienne