DOMINICAN ATTORNEY VINCHO CASTILLO - STILL KICKING

C O N F I D E N T I A L SECTION 01 OF 02 SANTO DOMINGO 005779

SIPDIS

STATE FOR WHA/CAR (MCISAAC)

E.O. 12958: DECL: 10/15/2009
TAGS: PINR EFIN KJUS PGOV DR CASTILLO VINICIO MARINO
SUBJECT: DOMINICAN ATTORNEY VINCHO CASTILLO - STILL KICKING
AT 73

REF: A. 00 SANTO DOMINGO 01712


B. 04 SANTO DOMINGO 05426

Classified By: Lisa Kubiske, Deputy Chief of Missions, reasons 1.4 (b)
and (d).


1. (C) "Those who love me, love me a lot. Those who hate
me, hate me a lot," declared Marino Vinicio Castillo
(Vincho) when questioned by a reporter in 2000 about his
reputation for controversy. It was a good
self-characterization then and remains true today. Vincho, a
well known attorney who heads a family law firm that is one
of the oldest in the Dominican Republic, remains in the
public spotlight at age 73. He is currently defense counsel
for Ramon Baez Figueroa ("Ramoncito"),one of six accused of
various fraudulent acts in conjunction with the failure of
Banco Intercontinental (Baninter) in 2003. Vincho is not
keeping quiet on the high profile case. Whether you
characterize him as a defender of crooks or a zealous
advocate for his clients, he remains front and center in
Dominican legal circles and in politics.


2. (SBU) Vincho Castillo began practicing law in 1954, during
the Trujillo dictatorship. He has been a constant on the
political scene almost since that time. Over the past 50
years he has served as the President of the National Council
on Drugs (1996-2000),run for President on the ticket of a
political party he founded (the Progressive National Force
Party) (1986),counseled former President Joaquin Balaguer on
countering accusations of widespread election fraud (1978),
successfully prosecuted former President Jorge Blanco on
corruption charges (1986-87),served in the Dominican
Congress (1961),and been an on-and-off-again presence in the
Dominican media as a radio and TV talk show host and guest.
He prominently supported the 2004 presidential effort of
Leonel Fernandez, prompting speculation that there was a deal
cooking that would favor Baez. Over the past six months it
seems that Vincho has been in the media almost daily.


3. (U) During Castillo's stint as President of the drug
council, a cabinet-level position, he was known for his
outspoken opposition to narcotrafficking and all associated
activities. He was credited with keeping counternarcotics
efforts near the center of Dominican political debates during
President Fernandez's first term and with helping the USG
secure implementation of a 1910 bilateral extradition treaty
that had lain dormant for over 80 years.


4. (C) In a meeting in February 2000 with then U.S.
Ambassador Charles Manatt, Vincho said that off-shore banking
activities in the Dominican Republic were broader than most
people realized. He maintained that there were no longer any
borders between narcotics trafficking, money laundering and
terrorism. In that same conversation, Vincho linked
discussions of extradition and money laundering by saying,
"Extradition of street killers is one thing, but the
Dominican Republic will really make progress when it
extradites a corrupt banker." (reftel A).


5. (C) His 2000 views seem to us to be right on the mark -
he is now defending a banker who may have broken not only
Dominican laws, but U.S. laws. Ramon Baez's involvement in
the failure of Baninter is well documented, but his case has
not yet reached the trial stage in the Dominican courts
(reftel B). An ongoing investigation in the Southern
District of Florida may provide the basis for a criminal case
against Baez there. If that should occur, there can be
little doubt that Castillo would provide the most zealous
defense possible to oppose any attempt by the USG to
extradite Baez to stand trial in the United States.


6. (C) Castillo defended Baez not only in the courtroom but
also in the court of public opinion. At every opportunity,
Vincho claims that Baez is not guilty and that the true
culprits in the Baninter failure are former Central Bank
Governor Lois Malkum and former Superintendent of Banks Julio
Cross. Vincho made headlines in recent weeks with totally
unfounded charges that the U.S. and Canadian ambassadors were
pressuring the courts for conviction of Baez. Vincho
blustered that he was thinking of suing both diplomats;
Supreme Court Chief Justice Jorge Subero Isa told reporters
that the judiciary was not under pressure and would not heed
any such efforts to influence it.


7. (C) Vincho has said that should the case progress
against Baez, he will file counter-suits against numerous
former officials who held office under President Mejia. Last
week he called formally on the local office of the
Organization of American States to assert that the legal team
will be filing a brief with the InterAmerican Court of Human
Rights because interrogations have begun without the delivery
to the defense of the full 40,000 pages of evidence held by
the investigating magistrate. Vincho's long memory, success
in prior endeavors, and the potential of files filled with
political fodder, make his public threats ones that merit the
attention of a government led by a President who may have
known during his first term of Baninter's penchant for
questionable dealings.


8. (C) During the transition period before President
Fernandez took office for the second time, Vincho Castillo's
name was rumored by numerous Embassy sources to be in the
running for Attorney General or Legal Advisor to the
President. He was not named to either post. We have been
told that Vincho had no desire to take on a government job at
this time as it would deprive him of the substantial fees he
is earning from the Baez family.


9. (SBU) Although 73, Vincho remains a much-feared player
on the Dominican legal field. Two of his sons are following
in his footsteps. Pelegrin Castillo Seman is a
representative in the Dominican Congress and Vinicio Castillo
Seman is an attorney in the family firm. Vincho has one
other son and a daughter.


10. (C) Vincho shows no signs of slowing down. With force
and craft he continues a ferocious defense of Baez that many
think will keep that crook safe, sound and out of jail.
Vincho's success, however merited it would be on technical
grounds, would be a discredit and setback for prospects of
reinforcing the rule of law in the Dominican Republic.


11. (U) Drafted by Angela Kerwin.


12. (U) This piece and others can be found at our SIPRNET
site
http://www.state.sgov.gov/p/wha/santodomingo/ along with
extensive other material.
HERTELL