FINDING OF 3A2 INELIGIBILITY FOR SUSPECTED SLOVAK

C O N F I D E N T I A L BRATISLAVA 000500

SIPDIS

DEPT FOR CA/VO/L/A

E.O. 12958: DECL: 10/31/2018
TAGS: KCRM CVIS LO
SUBJECT: FINDING OF 3A2 INELIGIBILITY FOR SUSPECTED SLOVAK
CRIME FIGURE

Classified By: DCM Keith Eddins for reasons 1.4(b) and (d.)


1. (U) This is an action item, see para 6.


2. (C) Post sometimes encounters visa applicants who are
believed to be members of organized crime syndicates.
Currently, Post has one open case involving such a figure and
wishes to ensure that the provisions of 9 FAM 40.31 N5.3 --
Application of INA 212(a)(3)(A)(ii) for Aliens Engaging in
Organized Crime -- apply. However, Post has received
classified and other information regarding the applicant that
cannot be included in the Non-Immigrant Visa system, and
thus, requests response sent over the classified cable system.


3. (C) Michal Lazar (DOB 9 Feb 1957) is a well-connected
Slovak who owns roughly two dozen businesses in Slovakia,
Hungary and Austria, many of which are tied to the railway
industry. Following the collapse of the communist government
in 1989, Lazar became the CEO of the Slovak National
Railroad. It is believed that during this time, he funneled
state money into contracts that favored businesses in which
he had a personal investment. During the years that Lazar
was an employee of the state, his personal wealth increased
greatly. An eventual investigation of the state rail company
yielded no charges against Lazar. Further, Lazar has no
official criminal record in Slovakia. However, sensitive
reporting available to Post has revealed that Lazar has
admitted to "cleaning" his police record through the use of
bribes.


4. (C) In a recent meeting with the Slovak Organized Crime
Unit from the Slovak National Police Headquarters, CONOFFS
gained the clear impression that Lazar is associated with
organized criminal societies in Slovakia. When directly
questioned about Lazar, police officials appeared physically
uncomfortable, avoided eye contact, and stated that they are
not investigating or monitoring him at this time. They then
noted that Lazar has strong personal connections to the
ruling Fico government.


5. (C) Currently, Mr. Lazar has only a P2A1 hit -- placed on
him by post -- for possible crimes of moral turpitude. Based
on the classified information obtained by Post, coupled with
the indication that the police appear to believe in his
criminal activities (but are at present politically unable to
pursue him),Post believes that Lazar can be refused per 9
FAM 40.31 N5.3 under INA 212(a)(3)(ii.) Post expects to
encounter more cases involving suspected organized crime
figures in the future.


6. (C) Slovakia is scheduled to begin participation in the
Visa Waiver Program (VWP) November 17, 2008. Therefore, Post
would like to make a final determination in the Lazar case
before this happens, and requests Department's opinion
regarding our interpretation of 9 FAM 40.31 N5.3 as soon as
possible.
OBSITNIK