Intelligence and Investigations

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1 Intelligence and Investigations International conference on Doping and Public Health Mathieu Holz, Manager, Intelligence and Investigations Department 8 June 2017, OSLO From Organized Crime to Anti-Doping Activities Major of French Gendarmerie Nationale (active) Deputy Head of Regional Criminal Investigations Department INTERPOL Criminal Intelligence Officer, Anti-Doping Project Manager (MoU WADA / INTERPOL signed in February 2009) / 2 1

2 Anti-Doping Investigations Experience prior to WADA Gendarmerie Tour de France (investigations, supporting OCLAESP) Traffic of anabolic steroids between Belgium and Eastern France INTERPOL Support investigations from INTERPOL member countries EUBAM: Joint task force (EU law enforcement / US DEA / INTERPOL / EUBAM analysts) on PEDs traffic Lance Armstrong: support US law enforcement + USADA / 3 International trafficking of PEDs Process chart / 4 2

3 International case coordination NADO and Law enforcement agencies LA Case: bilateral meetings between US delegation + 5 European LEA delegations (Police and Public Prosecutors) + USADA + AFLD. / 5 Lessons Learned Cooperation with law enforcement is key to effectively dismantle doping networks with international connections The importance of intelligence gathering Testing alone is not always sufficient to identify top-level cheaters. They took advantage of scientific progress and dedicated medical support to stay one step ahead of the Anti- Doping Organizations (ADOs) Necessity to have a transverse approach and feed testing unit with accurate and timely intelligence / 6 3

4 Consequences 2015 World Anti-Doping Code and 2015 International Standard for Testing and Investigations allows ADOs to lead investigations in order to identify cheater(s) and initiate Anti- Doping Rule Violation (ADRV) proceedings These documents strengthen the concept of non-analytical ADRVs that already existed in the Code pre-2015 Identification of these non-analytical ADRVs can be done through the gathering of information from various sources / 7 Consequences WADA used its investigative powers and launched two independent investigations (Pound and McLaren) WADA enhanced his own investigative capacities and created a dedicated Intelligence and Investigations department (from 2 to 6 staff) WADA Intelligence and Investigations department is based in Montreal (1 investigation team with OSINT analyst) and Lausanne (1 investigation team with ABP data analyst) / 8 4

5 WADA s Intelligence and Investigations Department 5 staff with law enforcement background + 1 coordinator WADA I & I department operates independently from the rest of the agency and runs investigations without seeking approval from WADA EC, WADA FB or Director General Upon completion of an investigation, the department informs the Director General of the conclusion of the investigation and provides him with a report that includes recommendations and references / 9 WADA s Intelligence and Investigations Department Data Storage: Operational data are encrypted and stored within WADA general IT architecture but separated from other departments and databases Database: i2 ibase + Notebook analyst (link analysis software) Data analysis tool: Tableau, Matlab, OSINT search tools Deep internet researches: Tor software (Dark net) / 10 5

6 WADA s Intelligence and Investigations Department Independent Supervisor: in order to ensure that all the work performed by the I&I department is conducted in accordance with WADA s investigation policy, an Independent Supervisor (lawyer with relevant experience in field of law enforcement and operational criminal prosecution) will be appointed to audit the investigation work The supervisor will lead an annual audit and will submit a written report to WADA s Director General and Executive Committee Conclusion will be made public on the WADA website / 11 WADA s Intelligence and Investigations Department Our sources of information: - Allegation(s) of ADRV(s) from NADOs or IFs - ABP analysis on trends and patterns - Informant and Whistleblower allegations - Testing (including target testing based on our intelligence report) and result management - Open-source intelligence / 12 6

7 WADA s Intelligence and Investigations Department Daily work: investigative process in 5 stages - 1/ Collection of information + case decision matrix (3 levels of importance determining WADA involvement) - 2/ Analysis - 3/ Investigate - 4/ Conclude - 5/ Follow up / 13 WADA s Whistleblower Program: Speak up! Both the Pound and McLaren Investigations served to highlight the importance of whistleblowing WADA s new Whistleblower Program Speak Up! has now been launched. It aims to: Encourage and incentivize speaking up Offer confidentiality, protection and assurance Be supported by the required legal framework / 14 7

8 WADA s Whistleblower Program: Speak up! Whistleblowers (WB) are one of the most efficient sources of information WBs help break omerta by providing insight into doping networks Risk of retaliation (psychological and physical) is extremely high for a WB if his/her identity is disclosed WB = A delicate double-edged sword to handle / 15 WADA s Whistleblower Program: Speak up! WADA s Whistleblowing policy implemented mid-january 2017 Key elements: - Distinction between Informant and WB - WB is a specific status an informant is granted with (agreement) - WB has rights: protection measures, rewards, advice from dedicated investigator, updates regarding the investigations, and is notified of the findings - WB has responsibilities, particularly to maintain strict confidentiality at all time during investigations as well after A breach of confidentiality will terminate the agreement / 16 8

9 WADA s Whistleblower Program: Speak up! Speak Up! app: Got Ethics WB case management software (used by Norwegian and Danish NADO as well as several Scandinavian companies) Got Ethics provide a secure platform to exchange with Informant and WB via PC or smartphone app Dedicated encrypted servers based in North America Each WB is registered with a code number Case officer receives summary of WB s statement only with code number We are victims of Speak Up! s success / 17 WADA s I & I Day-to-Day Tasks Within investigation policy: assess allegation(s) gathered from various sources and decide on possible follow-up Investigate WADA s main cases and projects + use WADA s target testing capacities if needed Provide ADOs support upon request (mainly substantial assistance cases) Follow up with network of ADO investigators Liaise with INTERPOL on specific projects (Energia / Barium), coordinate with law enforcement agencies in charge of doping cases / 18 9

10 WADA and INTERPOL Joint Action During its investigations, WADA may identify possible criminal offenses. An intelligence report will then be forwarded to INTERPOL which will assess it and may contact the relevant National Central Bureau to request criminal investigations One example: operation AUGEAS where INTERPOL coordinated international investigations related to criminal offenses identified by WADA Independent Commission (Pound) / 19 WADA and INTERPOL Joint Action INTERPOL also facilitated the IC coordination with French National Anti-Corruption Prosecutor and French Central Directorate of Judicial Police At the request of French authorities, INTERPOL issued an international wanted person notice ( Red Notice ) for Papa Massata Diack Investigations are still on-going regarding awarding of several IAAF world championships French authorities and WADA are working with US Department of Justice / 20 10

11 OPERATIO N AUGEAS International Coordination of a global probe Doping-related Corruption & Money Laundering in International Athletics WADA and INTERPOL Joint Action / 22 11

12 Some thoughts regarding implementation of I & I Department This implementation will not represent a complete shift from testing to investigations - not mutually exclusive Intelligence-led testing is a key to better target cheaters - helps focus more on quality rather than quantity Testing helps guide our investigations and confirms or contradicts some hypotheses Constant exchanges with the Athlete Biological Passport (ABP) team and WADA-accredited laboratories A transverse approach to gathering information from testing, ABP, Whistleblowers and laboratories is a path to clean sport / 23 Thank you! Takk for oppmerksomheten! 12

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