VZCZCXRO6500
RR RUEHDBU RUEHPW
DE RUEHBUL #1345/01 1500251
ZNR UUUUU ZZH
R 300251Z MAY 09
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC 9137
INFO RUCNAFG/AFGHANISTAN COLLECTIVE

UNCLAS SECTION 01 OF 02 KABUL 001345 
 
DEPARTMENT FOR SRAP, SCA/FO, SCA/A, EUR/RPM 
STATE PASS TO AID FOR ASIA/SCAA 
USFOR-A FOR POLAD 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV KDEM AF
 
SUBJECT:  Anti-Corruption Unit Pressing Forward in Politically 
Sensitive Case 
 
Summary 
------- 
 
¶1. (SBU) Although operating on a shoe-string budget, the Kabul-based 
Anti-Corruption Unit (ACU) of the Attorney General's Office is 
demonstrating the capability to handle a significant and politically 
sensitive corruption case.  Since April 2009, the ACU has been 
investigating embezzlement charges against former Badghis (and 
current Zabul) Governor Naseri and associates.  Based upon evidence 
gathered by the ACU, the imminent arrest of Naseri and his son 
appears likely.  Arrest orders have been issued for 25 people 
involved in the illegal activity; 14 have been taken into custody; 
two were located but not arrested for security reasons; and nine 
people are still being sought.  The arrest and charging of a 
substantial number of corruption suspects is unprecedented and 
represents a positive first prosecution by the nascent ACU. 
 
Genesis of Investigation 
------------------------ 
 
¶2. (SBU) The local prosecutor in Qal-e Naw in Badghis Province 
originally approached the State PRT officer to update her on the 
challenges he faced in his investigation of corruption in the 
provincial government.  Because of widespread corruption within the 
law enforcement community, the prosecutor did not feel that he had 
the power to pursue the investigation as fully as it deserved.  The 
PRT and Department of Justice worked together to bring the case to 
the attention of the Afghan Attorney General (AG), who assigned the 
investigation to the AG's Anti-Corruption Unit (ACU).  DOJ mentors 
worked closely with the lead ACU prosecutor, Ahmad Rashed, to review 
the existing case file and to develop an investigative plan. 
 
Investigations Yield Widespread Evidence 
of Embezzlement; Implicate Former Governor 
------------------------------------------ 
 
¶3. (SBU) From May 18 through May 25, two prosecutors from the ACU 
(Rashed and Parwez), along with an agent from the National 
Directorate of Security (NDS), Usman Abdul Wakil, conducted further 
investigations in Qal-e Naw.  Investigations focused mainly on the 
embezzlement of funds allocated for official use and found that the 
primary recipients of embezzled funds were former Governor Hashraf 
Naseri (and current governor of Zabul Province) and his son. 
Officials of the governor's office, the Office of Municipalities and 
the Provincial Ministry of Finance are also involved in numerous 
instances of embezzlement. 
 
¶4. (SBU) The investigative team's work included document review and 
witness interviews.  The witnesses, several of whom have been 
arrested and charged, and documents described widespread 
embezzlement of funds allocated to the governor's office.  Local 
vendors confirmed that invoices submitted by the governor's office 
in support of cash disbursements are forgeries.  Low-level employees 
admitted their involvement and stated that they were forced to 
participate in the creation of false documents.  Several mid-level 
officials were identified as directing the fraud and benefitting 
from it. 
 
Wide-scale Arrests Underway 
--------------------------- 
 
¶5. (SBU) To date, arrest orders have been issued for 25 people. 
Fourteen have been taken into custody; two were located but not 
arrested for security reasons; and nine are still being sought. 
Based upon the evidence gathered by the delegation, the arrest and 
charging of Governor Naseri and his son appear likely.  If arrested, 
those two defendants, along with the head of the Badghis Ministry of 
Finance office, will be investigated in Kabul and their cases 
submitted to the Supreme Court anti-corruption tribunal for 
prosecution.  The remainder of the defendants will be prosecuted in 
Badghis provincial courts. 
 
Comment 
------- 
 
¶6.  (SBU) This investigation represents the first major prosecution 
undertaken by the ACU.  The arrest and charging of a substantial 
number of corruption suspects, particularly in a province so far 
removed from Kabul, is unprecedented.  The ACU began operations in 
April 2009 and is still operating on a somewhat shoestring basis. 
(No computers, no phones, inadequate office space, etc.)  The 
Badghis investigation was the first case the ACU received directly 
from the AG, as opposed to existing investigations that the ACU 
adopted from other prosecution divisions.  The Badghis investigation 
was a demonstration of the ACU's ability to handle a significant and 
politically sensitive corruption case.  It also demonstrated the 
willingness of the U.S., through DOJ, to mentor and support such 
 
KABUL 00001345  002 OF 002 
 
 
Afghan efforts.  The success of this investigation has provided a 
huge morale boost to the ACU.  It remains to be seen whether this 
case against a Karzai-appointed governor will be allowed to proceed 
unimpeded to its ultimate conclusion. 
 
EIKENBERRY