1 00:00:01,920 --> 00:00:08,119 Speaker 1: Campsite media for the cops working Project Miguel. The takedowns 2 00:00:08,119 --> 00:00:11,800 Speaker 1: were the culmination of a year's long investigation. After making 3 00:00:11,840 --> 00:00:15,160 Speaker 1: almost sixty arrests in a single day, they patted themselves 4 00:00:15,160 --> 00:00:17,320 Speaker 1: on the back, did a victory lap for the media, 5 00:00:17,560 --> 00:00:20,319 Speaker 1: and moved on to the next big bust. But for 6 00:00:20,400 --> 00:00:23,640 Speaker 1: Derrick White and Hunter Montour, this was just the beginning. 7 00:00:24,160 --> 00:00:26,680 Speaker 1: They didn't understand why they were targets of an international 8 00:00:26,720 --> 00:00:30,160 Speaker 1: sting operation, didn't think they'd broken any laws. The whole 9 00:00:30,200 --> 00:00:32,639 Speaker 1: thing was absurd right from the get go. I went 10 00:00:32,800 --> 00:00:36,000 Speaker 1: the first time I went to court, no idea. I'm 11 00:00:36,040 --> 00:00:39,040 Speaker 1: sitting and inquired. There's like forty people or whatever sitting 12 00:00:39,080 --> 00:00:44,120 Speaker 1: in this courtroom. So I look at my lawyer and 13 00:00:44,159 --> 00:00:45,960 Speaker 1: I said, we gotta sit here all day and wait 14 00:00:45,960 --> 00:00:47,720 Speaker 1: for all these cases to go through. He's like, what 15 00:00:47,800 --> 00:00:51,760 Speaker 1: do you mean? I said, what the funk? All these people? 16 00:00:51,840 --> 00:00:55,520 Speaker 1: I said, what are we gonna do? It's like, these 17 00:00:55,560 --> 00:00:58,600 Speaker 1: are all the people. You don't know anybody here. I'm like, no, 18 00:00:58,680 --> 00:01:00,560 Speaker 1: I've never met any of these people. I don't wunt 19 00:01:00,560 --> 00:01:02,279 Speaker 1: know what they are. I said, what are they here for? 20 00:01:02,800 --> 00:01:07,800 Speaker 1: Is they're all involved in your case? I'm like, okay, 21 00:01:09,000 --> 00:01:12,080 Speaker 1: no Derek, but I don't know anybody else. I had 22 00:01:12,200 --> 00:01:15,919 Speaker 1: no idea who these people are. Derek's situation wasn't too different. 23 00:01:16,240 --> 00:01:18,560 Speaker 1: He was being lumped in with outlaw bikers and Colombian 24 00:01:18,600 --> 00:01:22,040 Speaker 1: cartel runners. He was publicly accused of running a tobacco 25 00:01:22,120 --> 00:01:26,480 Speaker 1: smuggling operation alongside big time organized crime figures like Sylvan Etier, 26 00:01:27,000 --> 00:01:30,520 Speaker 1: someone Derek says he never dealt with. I had no clue. 27 00:01:30,800 --> 00:01:33,800 Speaker 1: I mean, he used to show up but my restaurant, 28 00:01:33,800 --> 00:01:36,280 Speaker 1: would you know, different guys just bringing them there to 29 00:01:36,400 --> 00:01:39,440 Speaker 1: eat and stuff like that. But I never spoke to him. 30 00:01:39,440 --> 00:01:44,319 Speaker 1: I never he He only spoke French for one and 31 00:01:45,120 --> 00:01:48,520 Speaker 1: I never talked to him. But Sylvan would never face 32 00:01:48,560 --> 00:01:54,880 Speaker 1: a judge because not long after the Mygale takedown at 33 00:01:54,960 --> 00:02:00,000 Speaker 1: Sylvan's front door, knocked on his door and killed him 34 00:02:00,240 --> 00:02:04,720 Speaker 1: front porch. No one was ever charged with the murder, 35 00:02:04,840 --> 00:02:07,560 Speaker 1: but a former Quebec police investigator told the media that 36 00:02:07,600 --> 00:02:12,120 Speaker 1: he believed the Hell's Angels were responsible. My understanding of 37 00:02:12,160 --> 00:02:15,840 Speaker 1: it is that this was a retribution because he had 38 00:02:15,880 --> 00:02:19,560 Speaker 1: not turned over all the money that was due the 39 00:02:19,600 --> 00:02:24,000 Speaker 1: bikers and organized crime. It's so in essence if let's 40 00:02:24,000 --> 00:02:26,240 Speaker 1: just make up numbers. Ten lords came in, he was 41 00:02:26,280 --> 00:02:28,640 Speaker 1: only giving them money on six and keeping the four 42 00:02:28,880 --> 00:02:37,880 Speaker 1: to himself. So how did you react when Sylvan was murdered? 43 00:02:38,280 --> 00:02:40,200 Speaker 1: I mean, were you did you feel like anything was 44 00:02:40,240 --> 00:02:43,760 Speaker 1: gonna come to you? Or well not really, I mean 45 00:02:44,680 --> 00:02:47,640 Speaker 1: from what I hear that he owed people money and 46 00:02:47,960 --> 00:02:53,160 Speaker 1: or he was basically I don't know if he was 47 00:02:53,360 --> 00:02:56,640 Speaker 1: if he was gonna squeal on the other guys that 48 00:02:56,720 --> 00:03:01,360 Speaker 1: were bringing the stuff in for him, or I don't know. 49 00:03:01,400 --> 00:03:04,119 Speaker 1: I don't They didn't know much about what was what 50 00:03:04,160 --> 00:03:08,280 Speaker 1: they're what, they're how their operation was working, so they 51 00:03:08,320 --> 00:03:10,320 Speaker 1: don't care. They just want to just round up as 52 00:03:10,360 --> 00:03:13,400 Speaker 1: many people as they can and charge everybody and try 53 00:03:13,440 --> 00:03:16,440 Speaker 1: to get as much money as they can out of everybody. 54 00:03:16,480 --> 00:03:18,880 Speaker 1: But you know what happened. Look at you got fifty 55 00:03:19,160 --> 00:03:23,440 Speaker 1: fifty guys and I'm the only Me and Hunter are 56 00:03:23,480 --> 00:03:27,160 Speaker 1: the only ones that are fighting this because it's our right. 57 00:03:27,280 --> 00:03:29,120 Speaker 1: I mean, we're gonna fight this right till the end. 58 00:03:30,040 --> 00:03:32,239 Speaker 1: From day one, Derek knew he was going to fight 59 00:03:32,280 --> 00:03:34,760 Speaker 1: this case. It didn't cross his mind to roll over 60 00:03:34,800 --> 00:03:37,320 Speaker 1: and plead guilty like most of the other Mohawks had 61 00:03:37,360 --> 00:03:40,880 Speaker 1: been arrested on tobacco charges in the past. From as 62 00:03:40,920 --> 00:03:44,520 Speaker 1: far as I can remember, tobacco and the cigarettes were 63 00:03:44,520 --> 00:03:47,600 Speaker 1: coming in. There was people getting caught and going accord 64 00:03:47,720 --> 00:03:50,840 Speaker 1: and this and that, but nobody really fought it. Nobody 65 00:03:50,840 --> 00:03:54,120 Speaker 1: ever fought it. They would just okay, well, say you 66 00:03:54,160 --> 00:03:57,080 Speaker 1: had ten cases of cigarettes in your in your trunk whatever, 67 00:03:57,160 --> 00:04:01,320 Speaker 1: and they say, okay, well, UH will make you a deal. 68 00:04:02,640 --> 00:04:05,400 Speaker 1: You pay a hundred dollars a month or whatever. So 69 00:04:05,440 --> 00:04:08,120 Speaker 1: everybody would take the deal, and nobody ever fought it. 70 00:04:08,720 --> 00:04:12,400 Speaker 1: And I said, you know what, it's time someone you know, 71 00:04:12,480 --> 00:04:16,560 Speaker 1: steps up to the plate and fight discovernment and see 72 00:04:16,560 --> 00:04:19,720 Speaker 1: what happens. And I'm willing. I'm ready to go to jail. 73 00:04:19,720 --> 00:04:21,799 Speaker 1: I don't care, you know, but I'm not pleading guilty. 74 00:04:22,120 --> 00:04:25,240 Speaker 1: Playing and simple. They could make any offer that they 75 00:04:25,279 --> 00:04:34,840 Speaker 1: want and I'm not taking it. Playing and Simple from 76 00:04:34,880 --> 00:04:38,560 Speaker 1: Campside Media and Dan Patrick Productions. This is Running Smoke, 77 00:04:49,440 --> 00:05:00,680 Speaker 1: I Got great place. I'm Roger Gola and this is 78 00:05:00,720 --> 00:05:06,080 Speaker 1: episode five the trial. As soon as Derek heard that 79 00:05:06,080 --> 00:05:08,240 Speaker 1: he had a warrant out for his arrest, he placed 80 00:05:08,240 --> 00:05:10,479 Speaker 1: a phone call to a golf buddy he'd known for years. 81 00:05:11,200 --> 00:05:13,760 Speaker 1: Pure lick v l e c u y e Er. 82 00:05:14,880 --> 00:05:19,200 Speaker 1: I was the defense lawyer for Derek Whaite. I met 83 00:05:19,240 --> 00:05:22,320 Speaker 1: Pierre in his swinky office in downtown Montreal, and he 84 00:05:22,400 --> 00:05:24,680 Speaker 1: just had one ground rule for me. If I would 85 00:05:24,720 --> 00:05:28,599 Speaker 1: like the question, I won't answer simple enough. Huh. Pierre 86 00:05:28,640 --> 00:05:31,240 Speaker 1: does not mess around. He's about as matter of fact 87 00:05:31,279 --> 00:05:33,560 Speaker 1: as a clerk at the d MB. Was this a 88 00:05:33,560 --> 00:05:36,480 Speaker 1: total surprise to both you and Derek? Was there any 89 00:05:36,720 --> 00:05:40,080 Speaker 1: indication that there was surveillance happening prior or I'm never 90 00:05:40,160 --> 00:05:44,479 Speaker 1: surprised if a client is arrested, and I was aware 91 00:05:44,560 --> 00:05:48,200 Speaker 1: of it because two of his runner were arrested and 92 00:05:48,920 --> 00:05:51,360 Speaker 1: amounts of money were sees. I would say three or 93 00:05:51,360 --> 00:05:54,880 Speaker 1: four months, six months prior to the arrest, so I 94 00:05:54,960 --> 00:05:58,520 Speaker 1: knew something was cooking, But at the time Derek chalked 95 00:05:58,560 --> 00:06:01,400 Speaker 1: it up to a fluke. His suspicions were raised a bit, 96 00:06:01,600 --> 00:06:06,159 Speaker 1: but the business continued for months until March when the 97 00:06:06,160 --> 00:06:09,200 Speaker 1: Mohawk Peacekeepers called Derek to tell him he was wanted. 98 00:06:10,000 --> 00:06:13,560 Speaker 1: Calls me, there's a warrant for his arrest. I ran 99 00:06:13,600 --> 00:06:17,039 Speaker 1: down to his office, We discussed it, made sure that 100 00:06:17,080 --> 00:06:19,200 Speaker 1: he would be released on bail. I found out that 101 00:06:19,279 --> 00:06:21,080 Speaker 1: much the bail was to be sure that I had 102 00:06:21,080 --> 00:06:24,080 Speaker 1: the money to go deposited for the bail. We waited 103 00:06:24,200 --> 00:06:28,040 Speaker 1: for the disclosure and started working the case. Disclosure all 104 00:06:28,080 --> 00:06:30,160 Speaker 1: the evidence that the government had collected on Derek over 105 00:06:30,160 --> 00:06:33,599 Speaker 1: the last couple of years. It was ten bankers boxes 106 00:06:33,680 --> 00:06:37,640 Speaker 1: worth of intercepted phone calls, text, surveillance reports and photos. 107 00:06:38,040 --> 00:06:40,120 Speaker 1: Pierre and his team had their work cut out for them. 108 00:06:40,400 --> 00:06:44,239 Speaker 1: And so just from seeing the full disclosure, how strong 109 00:06:44,320 --> 00:06:47,159 Speaker 1: did you feel the government's case was? Well, obviously it 110 00:06:47,240 --> 00:06:52,240 Speaker 1: was strong. When you have police officers delivering tobacco to you, 111 00:06:52,800 --> 00:06:55,760 Speaker 1: I mean and one at the end stints the guy 112 00:06:55,880 --> 00:06:58,400 Speaker 1: is moving to tobacco to a warehouse in Saint Jeanne. 113 00:06:59,480 --> 00:07:01,559 Speaker 1: Derek is giving shipped to the guy to move faster, 114 00:07:01,640 --> 00:07:04,400 Speaker 1: and the guy who was moving in as an OURCMP officer. 115 00:07:04,640 --> 00:07:07,919 Speaker 1: So Derek was hit with two sets of criminal charges. 116 00:07:08,560 --> 00:07:12,240 Speaker 1: The first set concerned the tax evasion he'd allegedly committed 117 00:07:12,280 --> 00:07:15,640 Speaker 1: against the provincial government of Quebec. For the provincial when 118 00:07:15,680 --> 00:07:18,680 Speaker 1: the finished product, which means a cigarette, has to be 119 00:07:18,720 --> 00:07:24,280 Speaker 1: so they have to prove that it's sold in Quebec territory. Well, 120 00:07:24,320 --> 00:07:26,840 Speaker 1: in there's case that it wasn't because he was shipping 121 00:07:26,920 --> 00:07:31,160 Speaker 1: full containers to Ontario six Nations and that's where they 122 00:07:31,200 --> 00:07:34,000 Speaker 1: were producing the cigarettes and setting them there. I'm not 123 00:07:34,080 --> 00:07:37,920 Speaker 1: liable for paying the taxes or anything. If you look 124 00:07:37,920 --> 00:07:43,360 Speaker 1: into the the Rules and Regulations of Revenue Canada, it 125 00:07:43,520 --> 00:07:46,040 Speaker 1: states right in there do you only paid the taxes 126 00:07:46,120 --> 00:07:50,240 Speaker 1: once it's manufactured and sold. So I've never manufactured any 127 00:07:50,240 --> 00:07:54,040 Speaker 1: cigarettes or sold any cigarettes the actual cigarette. All I 128 00:07:54,080 --> 00:07:57,200 Speaker 1: did was I was a broker of of raw tobacco 129 00:07:58,280 --> 00:08:00,920 Speaker 1: Nation and nation. We knew we had a good chance 130 00:08:00,960 --> 00:08:04,280 Speaker 1: of winning the provincial one, and we knew that their 131 00:08:04,280 --> 00:08:08,760 Speaker 1: case was strong concerning the federal one, which brings us 132 00:08:08,760 --> 00:08:12,760 Speaker 1: to Derek's second set of charges, the federal ones. Derek 133 00:08:12,920 --> 00:08:17,040 Speaker 1: was accused of defrauding the federal Canadian government, which does 134 00:08:17,160 --> 00:08:20,320 Speaker 1: levy taxes on raw tobacco. The federal issue is when 135 00:08:20,360 --> 00:08:24,080 Speaker 1: you enter the border, you've got to declare and pay taxes, 136 00:08:24,720 --> 00:08:29,679 Speaker 1: and they were not. So that's the federal issue they're saying. 137 00:08:29,680 --> 00:08:34,120 Speaker 1: It's it's a more than a billion dollars of taxes 138 00:08:34,160 --> 00:08:41,080 Speaker 1: that were not paid. The big debate on these charges 139 00:08:41,120 --> 00:08:44,000 Speaker 1: came down to a simple question, who was the importer. 140 00:08:44,800 --> 00:08:47,080 Speaker 1: Derek said it wasn't him, He was just the buyer. 141 00:08:47,600 --> 00:08:50,480 Speaker 1: He ordered tobacco from brokers down in North Carolina and 142 00:08:50,520 --> 00:08:53,280 Speaker 1: paid drivers to bring it across the border. It was 143 00:08:53,320 --> 00:08:55,920 Speaker 1: on the broker and the drivers to pay those taxes. 144 00:08:56,640 --> 00:08:59,720 Speaker 1: Derek claimed he only took possession of the tobacco after 145 00:08:59,800 --> 00:09:03,800 Speaker 1: it is in Canada. The government, however, argued that Derek 146 00:09:04,160 --> 00:09:07,040 Speaker 1: was the importer, that he had his own drivers and 147 00:09:07,160 --> 00:09:10,319 Speaker 1: money runners, and that he was running a criminal organization. 148 00:09:11,120 --> 00:09:13,120 Speaker 1: And one of the people the government accused of being 149 00:09:13,200 --> 00:09:17,280 Speaker 1: in Derek's criminal organization was Hunter Montour, who had walked 150 00:09:17,280 --> 00:09:20,840 Speaker 1: into a courtroom full of strangers. The government claimed that 151 00:09:20,880 --> 00:09:23,000 Speaker 1: Hunter had helped Derek find a warehouse in New Jersey 152 00:09:23,040 --> 00:09:26,080 Speaker 1: to store his contraband, and that Hunter had helped manage 153 00:09:26,080 --> 00:09:33,240 Speaker 1: those shipments. My association with the cases so far like 154 00:09:33,960 --> 00:09:37,640 Speaker 1: it was ridiculous, it still is. I referred him to 155 00:09:37,760 --> 00:09:41,600 Speaker 1: this this place in New Jersey that I was told about, 156 00:09:42,600 --> 00:09:44,959 Speaker 1: and I said, well, here's the guy, this is the 157 00:09:45,040 --> 00:09:47,120 Speaker 1: number he's and he asked me, so can you call him? 158 00:09:47,160 --> 00:09:51,840 Speaker 1: I shower, no big deal, and the eyes of the government. 159 00:09:51,880 --> 00:09:53,880 Speaker 1: I didn't realize that that was something being that was 160 00:09:53,960 --> 00:09:56,439 Speaker 1: something that you were doing that was illegal. I had 161 00:09:56,480 --> 00:10:01,280 Speaker 1: no idea. It just couldn't wrap my head around what 162 00:10:01,280 --> 00:10:04,840 Speaker 1: what they're saying I'm doing. I'm like, I'm just helping 163 00:10:04,840 --> 00:10:08,920 Speaker 1: a friend. I got the information here it is that's 164 00:10:09,360 --> 00:10:17,440 Speaker 1: gangsters um. That was the charge Hunter was facing, gangsterism 165 00:10:17,480 --> 00:10:21,280 Speaker 1: aiding a criminal organization. Derek felt guilty about rupping his 166 00:10:21,320 --> 00:10:23,400 Speaker 1: friend into the whole mess. I could have did that 167 00:10:23,520 --> 00:10:26,320 Speaker 1: myself and I couldn't. Didn't even need Hunter involved. They 168 00:10:26,320 --> 00:10:28,760 Speaker 1: didn't go online and okay, well here's a where else, 169 00:10:29,000 --> 00:10:30,839 Speaker 1: store it there, and then they would send their trucks 170 00:10:30,840 --> 00:10:35,560 Speaker 1: there to pick up the product and come across. Gangsterism 171 00:10:35,600 --> 00:10:37,880 Speaker 1: was a steep charge, and Hunter says he was getting 172 00:10:37,880 --> 00:10:40,599 Speaker 1: pressure to plead guilty, take a deal, and avoid a 173 00:10:40,679 --> 00:10:47,800 Speaker 1: lengthy trial. I think it was six months with some 174 00:10:48,120 --> 00:10:51,280 Speaker 1: kind of fine or something, I can't remember, and the 175 00:10:51,360 --> 00:10:55,520 Speaker 1: last one was house arresting, and I told him, no, 176 00:10:56,160 --> 00:10:58,360 Speaker 1: I'm not going to admit to something that I did 177 00:10:58,360 --> 00:11:01,160 Speaker 1: not do. I have to. If you're saying I said, 178 00:11:01,240 --> 00:11:05,040 Speaker 1: is bull, it's not even true. Said you made up 179 00:11:05,080 --> 00:11:08,079 Speaker 1: have this shape, You're gonna strom me in jail, s 180 00:11:08,080 --> 00:11:11,160 Speaker 1: from me in jail. But I'm not gonna admit to 181 00:11:11,240 --> 00:11:16,840 Speaker 1: something that I didn't do. Derreck and Hunter's trial took 182 00:11:16,840 --> 00:11:20,080 Speaker 1: place in the Montreal court House, an imposing brutalist building 183 00:11:20,200 --> 00:11:24,520 Speaker 1: sandwich between Little Chinatown and the Historic District. The proceedings 184 00:11:24,600 --> 00:11:27,000 Speaker 1: were presided over by a judge in a black robe 185 00:11:27,000 --> 00:11:29,800 Speaker 1: and white collar. Dereck and Pierre sat on one side 186 00:11:29,800 --> 00:11:32,040 Speaker 1: of the room and on the other or the Crown 187 00:11:32,120 --> 00:11:36,720 Speaker 1: prosecutors representing the Canadian government. The stage was set for 188 00:11:36,760 --> 00:11:41,200 Speaker 1: a court battle. Without further ado, let the fight begin, gentlemen, 189 00:11:41,440 --> 00:12:00,280 Speaker 1: to your corners, hold on, We'll be right back. The 190 00:12:00,320 --> 00:12:03,360 Speaker 1: Crown prosecutors took the floor first and presented their arguments 191 00:12:03,400 --> 00:12:07,040 Speaker 1: before a jury, while Derek and Pierre listened patiently. The 192 00:12:07,040 --> 00:12:11,400 Speaker 1: government's case relied heavily on the testimonies of investigators, undercover officers, 193 00:12:11,440 --> 00:12:15,640 Speaker 1: and informants that participated in Project My Gale. Day after day, 194 00:12:15,760 --> 00:12:18,680 Speaker 1: Crown prosecutors brought witnesses before the jury to prove that 195 00:12:18,760 --> 00:12:22,280 Speaker 1: Derek was knowingly defrauding the government. They brought out the 196 00:12:22,320 --> 00:12:25,040 Speaker 1: informant who started the whole case, who we heard earlier 197 00:12:25,679 --> 00:12:31,480 Speaker 1: next week. Sure I think of any your man, Thank you, 198 00:12:31,480 --> 00:12:33,920 Speaker 1: you got arrested in the United States for money laundering? 199 00:12:34,000 --> 00:12:37,480 Speaker 1: Is that right? And they brought out the members of 200 00:12:37,480 --> 00:12:40,640 Speaker 1: the surveillance team that intercepted Derek's phone calls and texts 201 00:12:40,640 --> 00:12:46,679 Speaker 1: and read them aloud. For the journey went for the 202 00:12:46,920 --> 00:12:50,200 Speaker 1: s s A, the kind of up Order services agency. 203 00:12:50,559 --> 00:12:54,680 Speaker 1: I was the person that listened to the communications that 204 00:12:54,760 --> 00:12:58,360 Speaker 1: were intercepted. And they brought out the undercover police officers 205 00:12:58,360 --> 00:13:01,040 Speaker 1: that drove the semi trucks shut alling tobacco across the 206 00:13:01,080 --> 00:13:04,760 Speaker 1: border to Derek's reservation. Next winness, you see a three 207 00:13:04,800 --> 00:13:08,640 Speaker 1: three three three? Can you tell me who you work for? 208 00:13:08,800 --> 00:13:13,240 Speaker 1: Right now? Uh U S Department of Homeland Security Poland 209 00:13:14,080 --> 00:13:20,520 Speaker 1: Journey investigations. The Crown strategy was to show that Derek 210 00:13:20,640 --> 00:13:24,160 Speaker 1: was responsible for paying the taxes, that he had violated 211 00:13:24,200 --> 00:13:29,120 Speaker 1: the Excise Act and knowingly committed fraud against the Canadian government. Derek, 212 00:13:29,679 --> 00:13:32,880 Speaker 1: as far as the Crown was concerned, was an importer 213 00:13:33,000 --> 00:13:37,880 Speaker 1: and in the old sailor of tobacco. So the proof 214 00:13:38,200 --> 00:13:40,360 Speaker 1: showed us that he had one big client, which was 215 00:13:41,040 --> 00:13:45,719 Speaker 1: Jason Lee of Six Nations, and when tobacco would get 216 00:13:45,720 --> 00:13:48,120 Speaker 1: to Gnawaugue, then it would be shipped to sixth Nations 217 00:13:48,120 --> 00:13:51,280 Speaker 1: by one of Derek's drivers, and he wouldn't make the 218 00:13:51,280 --> 00:13:53,960 Speaker 1: profit on the sale of the tobacco. One way the 219 00:13:53,960 --> 00:13:57,240 Speaker 1: government tried to prove Derek's wrongdoing and deliberate fraud was 220 00:13:57,280 --> 00:14:00,679 Speaker 1: his alleged use of code words word like pizza dough, 221 00:14:00,840 --> 00:14:04,920 Speaker 1: moose meat, racing tires, golf clubs. One of the cool 222 00:14:05,000 --> 00:14:07,640 Speaker 1: words is the pizza will be ready for Friday, for example. 223 00:14:08,400 --> 00:14:11,640 Speaker 1: It was nothing very complicated. So you put this, and 224 00:14:11,679 --> 00:14:13,480 Speaker 1: you put the fact that Friday there was a deliver 225 00:14:13,559 --> 00:14:15,319 Speaker 1: at to back when the sixth nation. You put two 226 00:14:15,320 --> 00:14:20,000 Speaker 1: and two together and that's nothing very complicated. But Derek 227 00:14:20,120 --> 00:14:22,440 Speaker 1: had an explanation for those code words. What does pizza 228 00:14:22,520 --> 00:14:26,840 Speaker 1: dough mean by sell pizza? It was it started off 229 00:14:27,120 --> 00:14:30,040 Speaker 1: it was pizza that I was bringing from this. They 230 00:14:30,080 --> 00:14:32,880 Speaker 1: never mentioned about the cheese or stuff like that, sauce 231 00:14:33,080 --> 00:14:35,520 Speaker 1: because everything we bring in is mostly from the States, 232 00:14:36,320 --> 00:14:40,920 Speaker 1: so it kind of started from there. I think the 233 00:14:41,320 --> 00:14:44,720 Speaker 1: government just use that as proof that you were speaking 234 00:14:44,720 --> 00:14:50,040 Speaker 1: in code. Yeah, whatever, the moose meats in the cooler 235 00:14:50,080 --> 00:14:54,040 Speaker 1: I was buying Actually I was buying moose meat from Hunter. 236 00:14:54,720 --> 00:14:57,960 Speaker 1: So a lot of the conversations that we're doing here, 237 00:14:58,120 --> 00:15:04,000 Speaker 1: even here under reserve. They suspected that it was tobacco, 238 00:15:04,960 --> 00:15:08,440 Speaker 1: but which we do sell all these kind of you know, 239 00:15:08,600 --> 00:15:11,600 Speaker 1: all these kind of things that we're talking about, the pizza, 240 00:15:12,120 --> 00:15:15,280 Speaker 1: the meat. I have a butcher shop, you know, I 241 00:15:15,360 --> 00:15:19,480 Speaker 1: have a pizza restaurant, everything, So they thought we were 242 00:15:19,520 --> 00:15:25,440 Speaker 1: talking about tobacco, but really it was actual food. To 243 00:15:25,480 --> 00:15:28,240 Speaker 1: be perfectly honest, when I asked Derek about those code words, 244 00:15:28,520 --> 00:15:31,480 Speaker 1: I hadn't actually heard the phone tape or text. All 245 00:15:31,480 --> 00:15:34,120 Speaker 1: he had were local media reports, and I really did 246 00:15:34,200 --> 00:15:36,960 Speaker 1: think Derek was telling the truth. This was just the 247 00:15:37,000 --> 00:15:39,720 Speaker 1: way that folks in Gottawage talked, and if you take 248 00:15:39,760 --> 00:15:43,000 Speaker 1: anything out of context, it's gonna look bad. But a 249 00:15:43,000 --> 00:15:45,200 Speaker 1: few months later we got the tapes from the trial, 250 00:15:45,680 --> 00:15:48,640 Speaker 1: and the code words, well they started sounding a little 251 00:15:48,720 --> 00:15:53,560 Speaker 1: less innocent. I'm sending moost meat soon period. Tell the 252 00:15:53,680 --> 00:16:00,320 Speaker 1: old man it's O D one period. Pezza truck wrote 253 00:16:00,400 --> 00:16:06,320 Speaker 1: down hopefully Tuesday or Wednesday, t will be there for lunch. 254 00:16:07,440 --> 00:16:10,040 Speaker 1: There was so much coded language that even the undercover 255 00:16:10,120 --> 00:16:13,720 Speaker 1: police got confused. In one operation, an undercover truck driver 256 00:16:13,800 --> 00:16:16,480 Speaker 1: accidentally picked up a load of salt instead of tobacco 257 00:16:16,760 --> 00:16:19,360 Speaker 1: because he didn't use the right code word at the warehouse. 258 00:16:20,400 --> 00:16:22,640 Speaker 1: Once I'd heard the tapes, I had to ask Derek 259 00:16:22,680 --> 00:16:25,160 Speaker 1: about it again, and his answer was a bit different 260 00:16:25,160 --> 00:16:27,440 Speaker 1: than what he'd said originally. I don't know. I guess 261 00:16:27,440 --> 00:16:30,160 Speaker 1: it's kind of uh make makes a little bit more 262 00:16:30,200 --> 00:16:34,080 Speaker 1: exciting if you are again, uh, you don't know if 263 00:16:34,120 --> 00:16:36,680 Speaker 1: those guys are being uh, you know, watched or what. 264 00:16:36,880 --> 00:16:43,360 Speaker 1: So that's you know, that's how they that That's the 265 00:16:43,400 --> 00:16:48,720 Speaker 1: way they they do everything is they use cold words, 266 00:16:48,760 --> 00:16:55,520 Speaker 1: and so I just followed what they say. Derek was 267 00:16:55,560 --> 00:16:58,200 Speaker 1: admitting that, yes, he did use the code words. They 268 00:16:58,200 --> 00:17:00,720 Speaker 1: made the whole thing feel like a movie, and more importantly, 269 00:17:00,920 --> 00:17:03,040 Speaker 1: it was the way his truck drivers and brokers spoke. 270 00:17:03,720 --> 00:17:06,919 Speaker 1: Derek was just following their example. But the fact that 271 00:17:06,960 --> 00:17:10,359 Speaker 1: he used code words doesn't make him a criminal. Being 272 00:17:10,440 --> 00:17:14,800 Speaker 1: shady isn't a crime. Derek has rights as a native person. 273 00:17:15,160 --> 00:17:17,120 Speaker 1: The way he sees it, he doesn't have to pay 274 00:17:17,160 --> 00:17:20,280 Speaker 1: taxes to the Canadian government, especially on something as traditional 275 00:17:20,320 --> 00:17:23,280 Speaker 1: as tobacco. He says. The fact that he's using code 276 00:17:23,280 --> 00:17:25,840 Speaker 1: words and trying to do things under the radar is 277 00:17:25,880 --> 00:17:28,960 Speaker 1: because the government refuses to acknowledge his rights. They won't 278 00:17:29,040 --> 00:17:32,960 Speaker 1: let us exercise our rights. They think we're criminals. They 279 00:17:33,000 --> 00:17:36,680 Speaker 1: want to make us look like criminals and their eyes 280 00:17:36,800 --> 00:17:39,960 Speaker 1: were doing something wrong, But in our eyes, it's what 281 00:17:40,200 --> 00:17:45,879 Speaker 1: we were. Um. I was brought up in this in 282 00:17:46,480 --> 00:17:51,960 Speaker 1: the tobacco trade with my grandmother. So from as far 283 00:17:52,080 --> 00:17:55,800 Speaker 1: as I remember, this is all legal stuff, you know. 284 00:17:56,640 --> 00:17:58,720 Speaker 1: So if I pulled up at the border coming from 285 00:17:58,760 --> 00:18:01,080 Speaker 1: the States and m yeah, I got a trunk full 286 00:18:01,119 --> 00:18:05,240 Speaker 1: of tobacco, They're gonna arrest me. They just they put 287 00:18:05,280 --> 00:18:08,000 Speaker 1: their own boarder there. They put their own taxes on 288 00:18:08,119 --> 00:18:12,960 Speaker 1: the cigarettes and stuff like that. It's for the government's Uh, 289 00:18:13,480 --> 00:18:16,000 Speaker 1: they're dire the only one that's benefiting from it. But 290 00:18:16,359 --> 00:18:19,520 Speaker 1: this wasn't a trial over indigenous history and constitutional rights. 291 00:18:19,880 --> 00:18:22,800 Speaker 1: It was a criminal trial over tax evasion. It was 292 00:18:22,840 --> 00:18:26,080 Speaker 1: being heard in a courthouse based on Canadian laws and procedures, 293 00:18:26,440 --> 00:18:29,960 Speaker 1: not Mohawk ones. Despite Derek's firm belief that he was 294 00:18:30,000 --> 00:18:32,200 Speaker 1: in the right, it would ultimately be up to a 295 00:18:32,280 --> 00:18:35,479 Speaker 1: jury to decide, and after months of hearing arguments from 296 00:18:35,520 --> 00:18:38,960 Speaker 1: both sides, that jury was finally ready to present a verdict. 297 00:18:40,200 --> 00:18:55,560 Speaker 1: That's after the break jury we even told that pronounced 298 00:18:55,560 --> 00:19:03,080 Speaker 1: your verdict. Yes, so Mr White, Mr Derek White, and 299 00:19:03,160 --> 00:19:10,200 Speaker 1: Mr aunt Montal to send up, ladies and gentlemen, o 300 00:19:10,359 --> 00:19:16,879 Speaker 1: the really will speaking on it will be all the 301 00:19:16,960 --> 00:19:20,520 Speaker 1: members of the injury and agreement on their verdict. Yes, yes, 302 00:19:22,119 --> 00:19:25,679 Speaker 1: so there White because conspiracy to their crotic government can 303 00:19:26,040 --> 00:19:33,960 Speaker 1: get it. I've gotten Ober five. So there White probed 304 00:19:34,000 --> 00:19:36,840 Speaker 1: against the government to then when you're building it's not 305 00:19:42,000 --> 00:19:44,879 Speaker 1: on council conspiracy to defraud the government of Quebec and 306 00:19:44,960 --> 00:19:47,879 Speaker 1: of committing fraud against the Government of Quebec. Derek White 307 00:19:48,119 --> 00:19:52,760 Speaker 1: was found not guilty. He had beaten the provincial charges. 308 00:19:53,359 --> 00:19:57,040 Speaker 1: And remember Derek's lawyer getting all excited and pumping his 309 00:19:57,160 --> 00:19:59,520 Speaker 1: fists and it was was really happy. So I'm like, well, 310 00:19:59,560 --> 00:20:04,000 Speaker 1: that's to be a good thing. I mean, we were 311 00:20:04,160 --> 00:20:08,639 Speaker 1: very confident in winning the provincial side because they got 312 00:20:08,720 --> 00:20:14,600 Speaker 1: approved that the manufactured products are sold true Quebec and 313 00:20:14,760 --> 00:20:18,880 Speaker 1: their evidence was very weak, so we got that part. 314 00:20:19,320 --> 00:20:22,479 Speaker 1: The provincial government of Quebec only levied taxes on finished 315 00:20:22,520 --> 00:20:27,440 Speaker 1: products manufactured cigarettes, and Derek only ever sold wholesale raw tobacco. 316 00:20:28,320 --> 00:20:31,040 Speaker 1: The government couldn't prove that he actually owed the forty 317 00:20:31,119 --> 00:20:33,360 Speaker 1: four million dollars in taxes that they claimed he did, 318 00:20:34,000 --> 00:20:37,040 Speaker 1: and the jury took Derek's side, and if we were 319 00:20:37,200 --> 00:20:40,399 Speaker 1: very lucky, would have won everything. Unfortunately, Derek still had 320 00:20:40,480 --> 00:20:43,800 Speaker 1: federal charges hanging over his head, the small issue of 321 00:20:43,920 --> 00:20:47,840 Speaker 1: five hundred million dollars innovated taxes owed to the federal 322 00:20:47,960 --> 00:20:54,200 Speaker 1: government of Canada. So oncou number one from some Derek 323 00:20:54,359 --> 00:20:58,960 Speaker 1: white top skating con activities of a criminal organization? What 324 00:20:59,160 --> 00:21:05,240 Speaker 1: is your guilty I'm talking about to mister n Termoto, 325 00:21:05,600 --> 00:21:10,320 Speaker 1: facilitating the activities of criminal organization? What is your real guilty? 326 00:21:12,240 --> 00:21:16,119 Speaker 1: I'm coming abo three. So they required conspiracy to defer 327 00:21:16,280 --> 00:21:21,560 Speaker 1: the government of Canada. What is your limit guilty? Thank you? 328 00:21:24,400 --> 00:21:26,960 Speaker 1: After hearing the slew of evidence on the structure of 329 00:21:27,040 --> 00:21:30,920 Speaker 1: Derek's organization and the involvement he had in the tobacco shipments, 330 00:21:31,400 --> 00:21:34,920 Speaker 1: the jury had decided that Derek was indeed the importer, 331 00:21:35,680 --> 00:21:39,080 Speaker 1: which meant it wasn't the broker's or the driver's responsibility 332 00:21:39,119 --> 00:21:44,240 Speaker 1: to pay taxes at the border, it was Derek's. I thought, 333 00:21:44,280 --> 00:21:46,600 Speaker 1: for sure, we're going to get off on both, you know, 334 00:21:47,080 --> 00:21:52,000 Speaker 1: federal and provincial. Was just shocked at we were found 335 00:21:52,000 --> 00:21:56,320 Speaker 1: guilty on the federal site because it's basically the same argument. 336 00:21:56,359 --> 00:21:59,320 Speaker 1: It's the same thing. You know, I didn't drive the 337 00:21:59,400 --> 00:22:03,560 Speaker 1: fucking truck across the border. All I did was when 338 00:22:03,680 --> 00:22:06,440 Speaker 1: the product got here, I would just send the money. 339 00:22:07,200 --> 00:22:11,000 Speaker 1: So it's delivered to the reserve. It's pax free. Hunter 340 00:22:11,119 --> 00:22:13,320 Speaker 1: had also been found guilty of a gangsters in charge 341 00:22:13,560 --> 00:22:17,439 Speaker 1: of aiding Derek's criminal organization. Together, they were looking at 342 00:22:17,600 --> 00:22:22,159 Speaker 1: years in prison, but Derek had a planned for this 343 00:22:22,720 --> 00:22:25,879 Speaker 1: which had been set in motion months earlier. It was 344 00:22:25,920 --> 00:22:27,520 Speaker 1: a plan that would keep him out of a jail 345 00:22:27,560 --> 00:22:31,920 Speaker 1: cell and postponed sentencing. More importantly, it was a legal 346 00:22:32,040 --> 00:22:34,440 Speaker 1: option that would allow him to argue his native rights 347 00:22:34,520 --> 00:22:38,600 Speaker 1: before a judge. Derek was going to file a constitutional 348 00:22:38,720 --> 00:22:44,240 Speaker 1: challenge Tuesday before. We don't have any anything to sip 349 00:22:44,359 --> 00:22:48,160 Speaker 1: because it's been all scheduled for the constitutional challenge. Thank 350 00:22:48,200 --> 00:22:51,880 Speaker 1: you very much, and we will come and so I'll 351 00:22:52,240 --> 00:22:56,760 Speaker 1: see you in June. Like from day one, we knew 352 00:22:56,840 --> 00:23:00,680 Speaker 1: that our second step was to go to challenge the 353 00:23:00,720 --> 00:23:05,560 Speaker 1: constitutional issue, so we had all rehired the constitutional lawyer. 354 00:23:05,600 --> 00:23:07,720 Speaker 1: In all this, Derek was going to fight his federal 355 00:23:07,840 --> 00:23:11,240 Speaker 1: charges on the grounds of the Canadian Constitution. Itself. He 356 00:23:11,480 --> 00:23:14,119 Speaker 1: wasn't trying to prove that he didn't bring tobacco across 357 00:23:14,119 --> 00:23:16,800 Speaker 1: the border without paying taxes. He was going to try 358 00:23:16,840 --> 00:23:19,520 Speaker 1: to prove that the tax laws didn't apply to him 359 00:23:19,960 --> 00:23:22,840 Speaker 1: and that trading tobacco tax free was his right as 360 00:23:22,880 --> 00:23:26,600 Speaker 1: a Native person. No tobacco case had ever come as 361 00:23:26,640 --> 00:23:28,920 Speaker 1: far in the Canadian legal system. And what are the 362 00:23:28,960 --> 00:23:32,600 Speaker 1: implications of this case if they win or lose. If 363 00:23:32,680 --> 00:23:35,919 Speaker 1: they win, and basically bacco trade will be legal for walks, 364 00:23:36,119 --> 00:23:41,479 Speaker 1: they won't need they won't need permits from the federal 365 00:23:41,560 --> 00:23:45,080 Speaker 1: or provincial governments, and they'll be able to deal into tobacco. 366 00:23:45,960 --> 00:23:50,080 Speaker 1: If Derrick loses, then it's he's gonna have to face 367 00:23:50,119 --> 00:23:53,119 Speaker 1: the sentence and go to jail. Well, why should I 368 00:23:53,240 --> 00:23:56,800 Speaker 1: plead to something that uh, I've I think that it's um, 369 00:23:57,320 --> 00:24:01,040 Speaker 1: I'm not doing anything wrong. I mean, we're exercising our 370 00:24:01,160 --> 00:24:04,760 Speaker 1: rights as Native people. Then we'll see who's ready to 371 00:24:04,880 --> 00:24:08,119 Speaker 1: keep fighting and go on how far you want to go. 372 00:24:09,440 --> 00:24:12,760 Speaker 1: It's not about standing in the tree line and trying 373 00:24:12,800 --> 00:24:15,119 Speaker 1: to scare army guys. This is a this is the 374 00:24:15,160 --> 00:24:19,360 Speaker 1: way things are done now. This is the fight tobacco. 375 00:24:19,359 --> 00:24:23,120 Speaker 1: Who is our is our trade. I mean, like I said, 376 00:24:23,160 --> 00:24:25,600 Speaker 1: it's still going on today and it's not gonna stop. 377 00:24:26,200 --> 00:24:29,120 Speaker 1: I mean, it's tobacco. Who it's our rights. We're gonna 378 00:24:29,440 --> 00:24:37,119 Speaker 1: continue selling tobacco and they ain't gonna stop us. It 379 00:24:37,200 --> 00:24:38,960 Speaker 1: seems like you don't, you know, put a lot of 380 00:24:39,000 --> 00:24:41,520 Speaker 1: stock in his argument that he's standing up for Native 381 00:24:41,600 --> 00:24:48,200 Speaker 1: rights in this I won't be right to say, don't 382 00:24:48,200 --> 00:24:52,600 Speaker 1: add that. Jimmy the anonymous investigator who worked on My Gil. 383 00:24:53,640 --> 00:24:57,480 Speaker 1: It makes my skin crawl when I hear people say 384 00:24:58,040 --> 00:25:02,280 Speaker 1: there's some kind of Native America in warrior, some kind 385 00:25:02,320 --> 00:25:05,440 Speaker 1: of social Native American warrior. They're doing it for the 386 00:25:05,560 --> 00:25:13,640 Speaker 1: fucking money, period, end of story. Yeah, he's not Robin Hood. 387 00:25:13,800 --> 00:25:16,560 Speaker 1: He's not getting money from the rich guys and giving 388 00:25:16,600 --> 00:25:19,480 Speaker 1: it to the poor. That's a social hero, not some 389 00:25:19,720 --> 00:25:25,200 Speaker 1: asshole who pays people organized crime figures and and Hell's 390 00:25:25,280 --> 00:25:29,399 Speaker 1: Angels and people to smuggle across the border. He was 391 00:25:29,720 --> 00:25:34,119 Speaker 1: increasing his wealth and the tribe saw nothing from it. 392 00:25:35,000 --> 00:25:38,800 Speaker 1: So when he makes representations that he's some kind of warrior, 393 00:25:39,440 --> 00:25:45,679 Speaker 1: you know what, I disagree. Derrick White and other natives 394 00:25:45,760 --> 00:25:49,120 Speaker 1: like that would have my respect if they drove down 395 00:25:49,160 --> 00:25:52,200 Speaker 1: to North Carolina and bought a tractor trailer load of 396 00:25:52,280 --> 00:25:56,440 Speaker 1: tobacco under their own name, with a good bill of lading, 397 00:25:57,359 --> 00:26:00,560 Speaker 1: and drove to Canada. And when they got to the 398 00:26:00,640 --> 00:26:04,120 Speaker 1: Canadian Border Services and the agent at the border said, 399 00:26:05,359 --> 00:26:08,360 Speaker 1: what do you got back there? If Derek White would 400 00:26:08,400 --> 00:26:10,640 Speaker 1: have looked at that agent and said, I have cut 401 00:26:10,760 --> 00:26:14,000 Speaker 1: rack tobacco. Here's my bill of lading showing I paid 402 00:26:14,040 --> 00:26:16,840 Speaker 1: for cut reck tobacco. I'm taking it to my own 403 00:26:16,880 --> 00:26:20,159 Speaker 1: licensed facility or my friends on licensed facility where I'm 404 00:26:20,160 --> 00:26:22,320 Speaker 1: gonna sell it and it's gonna be made into cigarettes. 405 00:26:22,520 --> 00:26:24,800 Speaker 1: And if you've got a problem with that, let's talk 406 00:26:24,840 --> 00:26:26,639 Speaker 1: about it in court. Because I think I got it 407 00:26:26,720 --> 00:26:29,240 Speaker 1: right through this, just like every other Native American does. 408 00:26:29,840 --> 00:26:32,880 Speaker 1: I would respect that. That's not what he fucking did. 409 00:26:34,320 --> 00:26:38,080 Speaker 1: It turns out, though someone did do that thirty years ago. 410 00:26:38,880 --> 00:26:41,200 Speaker 1: He followed all the rules and launched a case against 411 00:26:41,240 --> 00:26:43,000 Speaker 1: the government, even took it all the way to the 412 00:26:43,080 --> 00:26:46,800 Speaker 1: Supreme Court. It was supposed to be a landmark case 413 00:26:46,880 --> 00:26:53,120 Speaker 1: for Native rights, and then he got screwed next time. 414 00:26:53,440 --> 00:26:56,120 Speaker 1: On running smoke, It's like playing a game of cards 415 00:26:56,200 --> 00:26:57,880 Speaker 1: with somebody and they just decided we're going to change 416 00:26:57,880 --> 00:26:59,760 Speaker 1: the rules so they can win. It was a dumb case. 417 00:26:59,840 --> 00:27:02,440 Speaker 1: I never should have been argued before the court. He 418 00:27:02,520 --> 00:27:04,240 Speaker 1: thought he was going to be very savior. Just no 419 00:27:04,320 --> 00:27:06,080 Speaker 1: other way to fight it. And what else you're gonna do. 420 00:27:06,400 --> 00:27:08,560 Speaker 1: You're not gonna have a war over it because we're 421 00:27:08,560 --> 00:27:10,720 Speaker 1: not gonna win. We have to fight in a system 422 00:27:10,800 --> 00:27:14,680 Speaker 1: that inherently has waited against us, and we have no choice. 423 00:27:14,760 --> 00:27:18,360 Speaker 1: Every time, every every court case, the government always won. 424 00:27:24,760 --> 00:27:27,320 Speaker 1: Running Smokes the production of camp Site Media, Dan Patrick 425 00:27:27,320 --> 00:27:30,920 Speaker 1: Productions and Workhouse Media. The series was written and reported 426 00:27:30,960 --> 00:27:34,959 Speaker 1: by me Roger Goa. Our producers are Lea Papes, Laine Gerbig, 427 00:27:35,000 --> 00:27:38,680 Speaker 1: and Julie Dennische. Our editors are Michelle Lands and Emily Martinez. 428 00:27:39,520 --> 00:27:43,120 Speaker 1: Sound designed and original music by Mark McAdam, additional sound 429 00:27:43,200 --> 00:27:46,359 Speaker 1: and mixing by ewen Lyone from you In. Additional reporting 430 00:27:46,359 --> 00:27:50,200 Speaker 1: by Susie McCarthy. Our executive producers or Dan Patrick, Josh 431 00:27:50,240 --> 00:27:52,960 Speaker 1: de New Camp Said Media, Paul Anderson, Nick Pnella and 432 00:27:53,040 --> 00:27:56,760 Speaker 1: Andrew Greenwood for Workhouse Media. Fact checking by Mary Mathis, 433 00:27:56,920 --> 00:28:00,600 Speaker 1: artwork by Polly Adams, and additional thanks to Greghorn, Anny Kaufman, 434 00:28:00,640 --> 00:28:09,160 Speaker 1: Sierra Franco, Elizabeth van Brocklyn and Shawn Flynn MHM