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Armed Again

Indicted Miami Beach weapons dealer Efraim Diveroli is still making millions of dollars from the U.S. government.

On March 15, 2008, a fireball shot into the midday sky over Albania's capital, Tirana. The blast echoed 100 miles away in Macedonia and Kosovo. Its force was comparable to that of a small nuclear weapon. But this wasn't atomic. It was an accident at an arms depot, where poor villagers had been hired to handle old ammunition and artillery shells. The explosion killed at least 26 people and injured hundreds. The village of Gerdec was obliterated.

South Beach party boy Efraim Diveroli might still be raking it in.
Miami-Dade County Corrections Department
South Beach party boy Efraim Diveroli might still be raking it in.
David Packhouz was Diveroli's partner.
Jacqueline Carini
David Packhouz was Diveroli's partner.

Three men were arrested for mass murder in what local media dubbed "Albania's Hiroshima." Two of them were alleged accomplices to a 23-year-old Miami Beach-based arms dealer named Efraim Diveroli, who faces trial later this year on 83 counts of fraud and conspiracy for procuring Chinese-made ammo in Albania and selling it to the Pentagon.

The charges might be difficult to prove, though. A potential lead witness in the case, Kosta Trebicka, mysteriously died in September. His body was found bloodied and sprawled across a dirt road in eastern Albania, some 50 yards from his slightly dented SUV. Trebicka had recorded a tape (now available on YouTube) in which Diveroli said corruption in that country "went up... to the prime minister and his son."

Last week, Miami federal prosecutors retreated, allowing the return of $4.2 million of Diveroli's property — including a new Mercedes S550 — that had been confiscated. Perhaps even more significant, Diveroli is out on bail and a Miami Beach company he owns called Ammoworks might even now be selling ammunition to the American government. This fact has been largely overlooked by prosecutors and Congress.

Efraim Diveroli comes from a family that includes arms dealers and a celebrity holyman. An uncle, Shmuley Boteach, is a former reality-TV host on TLC, a friend of Oprah's and Michael Jackson's, and the best-selling author of Kosher Sex and Dating Secrets of the Ten Commandments.

Diveroli grew up in Miami Beach and went to work at age 16 for another uncle, Bar-Kochba Boteach, who ran an arms dealership in South Central Los Angeles.

Diveroli then moved to Miami and took a job with his dad's arms company, AEY Inc. Within a year, at age 19, he became president. Along with a childhood buddy and two-time college dropout named David Packouz (who moonlighted as a masseur), he accrued a litany of government contracts. In 2006, for instance, AEY shipped several million dollars' worth of clothing, weapons, and even firefighting equipment to government agencies, according to a website called fedspending.org.

Soon, AEY was placed on a U.S. blacklist. The firm was being investigated for "numerous violations of the Arms Export Control Act and contract fraud," according to a congressional report issued last year. In addition, it was accused of performing substandard work on at least 11 government contracts, which were ultimately withdrawn or terminated. According to the report: "Government contracting officials repeatedly warned of 'poor quality,' 'damaged goods,' 'junk' weapons, and other equipment in 'the reject category,' and they complained on several occasions that AEY was 'hurting the mission' and had 'endangered the performance' of government agencies."

Nevertheless, in January 2007, the firm won a blockbuster $300 million contract with the Defense Department to supply ammunition to Afghanistan for that nation's antiterrorism effort. AEY would provide the police and national army with the bulk of their bullets. Suddenly, the firm was the largest arms supplier to a key ally.

Diveroli found much of the ammo in Albanian arms dumps. Some of it dated back decades and came from China. Unfortunately, selling Chinese-made war material to the Pentagon is illegal because of a 1989 arms embargo. Diveroli emailed the State Department in 2007 to ask if he could ship Chinese ammo. When the reply was no, federal prosecutors charge, Diveroli removed the Chinese packaging and passed off the ammo as Hungarian.

Diveroli allegedly hired two of the men accused of mass murder at Gerdec to run the repackaging process at Tirana's Mother Teresa International Airport. The ammo, which was corroded and often unusable, was removed from sealed canisters and packaging marked "Made in China." It was then dumped into cardboard boxes and shipped to Afghanistan. Sometimes bullets spilled in transport.

Businessman Kosta Trebicka, who died in eastern Albania, was also involved in the operation. When Trebicka was fired, he blew the whistle on Diveroli and agreed to secretly record cell phone conversations.

In the tapes, Diveroli tells Trebicka to bribe one of the ammo repackagers. "Send one of your girls to fuck him," Diveroli says in a recording posted on YouTube and quoted by the New York Times. "If he gets $20,000 from you, I can live with this."

Then Trebicka alludes to the CIA. "Probably I will be invited in Washington, D.C., by the CIA guys and my friends over there," he says. "Two weeks from now, I will come to Florida to shake hands with you and discuss future deals." Not long after this, Trebicka turned up dead. The Albanian government ruled it a car accident, but skeptics question that finding.

March 2008 was disastrous for Diveroli. On the 27th, the Times, acting partly on Trebicka's leads, accused the company of supplying Chinese ammo to the Pentagon in violation of federal law. The next day, the U.S. government suspended AEY from further contracting work. In a letter announcing the suspension, Pentagon officials warned, "It is reasonable to believe that both Mr. Diveroli and AEY will seek to obtain similar work in the future, either directly or as a representative of another contractor."

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  • john 05/07/2009 2:04:00 PM

    This is really great man .....i was searching for for a long time. god bless you john Car Rentals

  • anonymous 02/26/2009 2:10:00 AM

    Where is the evidence of Israeli/mob/Spying?

  • Robert Fletcher 02/11/2009 7:42:00 PM

    Kim Jones is a contracting officer, not a legal expert. I guess the Judge will decide the legality of this transaction. What I find interesting is that anyone in the munitions business should have known that ALL munitions from Albania is Chinese in origin. In fact it came out that the State Department (the same branch of Government that said this transaction is not allowed) not only knew about this, but helped cover it up. Look at Rep. Henry Waxman's letters to the US Ambassador to Albania. So the Government knew about this the whole time and were happy to get a good deal, but now that they get embarrassed in the press, Diveroli is an easy fall guy to pin it on.

  • Anonymous 02/10/2009 1:15:00 AM

    "Contrary to AEY's assertions, there is no exception for acquiring ammunition through another source from a communist Chinese military company regardless of when the ammunition was manufactured," Army procurement officer, Kim M. Jones, wrote Diveroli in May.

  • Robert Fletcher 02/10/2009 12:51:00 AM

    The contract prohibition against Chinese goods was based on (and quoted) a DFARS regulation - that's Government contracting regulations. The DFARS regulation was based on the 1989 embargo against China. So though the contract doesn't mention the embargo - the regulations they are quoting does and was designed to deal specifically with the embargo - which as you previously admitted, pre-embargo goods are legal. Therefore - the deliveries were in fact in conformance to the contract and AEY did not technically falsely certify anything. As far as the State Department, I am tired of repeating myself, so read my last comment where I specifically addressed this. I am not saying Diveroli is a Saint or even a good person - from the articles I've read he has got some very serious personal issues and I wouldn't personally want to be associated with him. But if we let the Government prosecute people in violation of the constitution and the rule of law, then we give up the very freedom which as Americans we are so proud of.

  • Anonymous 02/10/2009 12:29:00 AM

    Robert, I'll just quote from the indictment: "With each shipment... AEY would falsely certify in a Certificate of Conformance that the ammunition being furnished conformed in all respects with the contract requirements." Here's the kicker: "On or about April 23, 2007, EFRAIM DIVEROLI sent an electronic communication to the Department of State, asking whether a United States company could broker Chinese ammunition that had been in an Albanian company for about twenty years." He was told NO - not unless he got permission from the President of the United States.

  • Robert Fletcher 02/09/2009 11:52:00 PM

    Anonymous - as I said before, the Government's claim that he 'made false statements to the Army' is based on that he put Albania and Hungary as the 'point of origin' on Government delivery documents. But according the Army's own regulations, 'point of origin' on a shipment delivery document means 'point of shipment' - in this case Albania or Hungary was where the cargo was shipping from. This is necessary because many shipments the Army receives includes cargo from many different places of manufacture. The State Department does not have legal binding authority - they can only give recommendations. And they are known to be extremely conservative and say no even when something is legal - they don't really care if the mission succeeds, they just want to cover their own asses. Though it may appear that Diveroli was covering this up - and he probably was - what he actually did was not technically illegal. Because the Army did not lose anything material - they got functional ammunition at the price they contracted for - this is a civil case of possible breach of contract, not a criminal case. The Army asked for non-Chinese ammo even though the law didn't apply in all cases. They can sue diveroli for breach of contract, but he did not commit fraud. Fraud is when the victim actually lost something - which in this case the Army did not. Again, the prosecutors don't think that bribery was an issue, otherwise they would have charged him with it. As far as the age of the ammo - that's the Army's problem. The contract specifically said that there is no age limit. It just had to function - which from all accounts, the vast majority did - otherwise the Army wouldn't have paid for it. Additionally, did you notice that the prosecutors just want the $10 million back that they paid for the Chinese ammo? This is out of a $300 million contract. So the vast majority of the contract was completely fine - it was just this small section with which they had a problem with.

  • Anonymous 02/09/2009 10:15:00 PM

    Robert, fully half of the charges against Diveroli and co. are for 'making false statements to the Army.' You are yet to address the allegation that Diveroli falsified the ammo's origin on official documents. He had good reason to do so. The $300 million contract stipulated against shipping Chinese ammo. That stipulation wasn't an allusion to the embargo, but a contractual obligation. Unlike the embargo, it applied to any Chinese ammo irrespective of its date of manufacture. Diveroli confirmed as much in an email to the State Department. Then he sent emails to the other indicted AEY guys, instructing them to remove the Chinese packaging. Therein lies the heart of the crime. Sure, there's no direct evidence that Diveroli bribed Albanian officials. On a tape, he suggested bribing one with girls and money. Proof of an action? No. But it's proof of unscrupulous intent. Diveroli explains on the tapes that the Swiss guy is needed in the middle to take care of the Albanian mafia, "which is none of my business." But it was his business. Diveroli knew about the Swiss crook's motives and dealings. He chose to work with him anyway. That Albania offered to donate the ammo is ironic. That the U.S. government rejected free ammo because it was too old - now that's chilling. Whether the Swiss arms trafficker jacked up the price two times or 10x is a minor point. The ammo shouldn't have been selling for anything. AEY's entire procedure was a scam.

  • Robert Fletcher 02/09/2009 8:37:00 PM

    Anonymous - It is irrelevant if Diveroli thought he was committing a crime. If it is not a crime, it is not a crime. It shows that Diveroli is dishonest, but not that he broke the law. If I think that drinking orange juice is illegal and yet secretly drink it anyway, the Government can't prosecute me for drinking orange juice. That the Government is prosecuting this case should scare anyone who values our constitutional rights. The Swiss guy doubled the price, not 10x. And he was paying off Albanian officials. There is no evidence that Diveroli bribed any Government officials. He may have found out later that the guy he was buying from (the swiss guy) was bribing people, but there would be nothing he could do about that, and it would not be illegal. If I sign a contract to buy something from Walmart and later I find out that they use slave labor, that makes Walmart culpable, not me. Even the Prosecutors don't think that this is relevant because none of the charges have to do with bribery. And that the Government turned down Albania's donation of ammo is a testament to how inefficient the Government is, it has nothing to do with Diveroli.

  • Anonymous 02/08/2009 11:43:00 AM

    Robert, I'll grant you that pre-embargo Chinese weapons are legal. But somebody didn't tell Diveroli because he went to the enormous bother of removing the ammo from Chinese canisters. Then he went to the further trouble of telling the government it came from Hungary, from a factory that subsequently denied having had involvement with AEY. Plus there's the bit about the Swiss arms trafficker - the middleman in Cyprus - who it seems marked-up the ammo's price 10x and disbursed the inordinate profits to his buddies. Thus scamming the government. Other companies have used the same middleman scam in Iraq. Albania offered to donate its ammo to Afghanistan right before AEY sold it to Afghanistan for millions and millions! But anyway...

  • Anonymous 02/08/2009 11:36:00 AM

    Robert, I'll grant you that pre-embargo Chinese weapons are legal. But somebody didn't tell Diveroli because he went to the enormous bother of removing the ammo from Chinese canisters. Then he went to the further trouble of telling the government it came from Hungary, from a factory that subsequently denied having had involvement with AEY. Plus there's the bit about the Swiss arms trafficker - the middleman in Cyprus - who it seems marked-up the ammo's price 10x and disbursed the inordinate profits to his buddies. Thus scamming the government. Other companies have used the same middleman scam in Iraq. Albania offered to donate its ammo to Afghanistan right before AEY sold it to Afghanistan for millions and millions! But anyway...

  • Robert Fletcher 02/08/2009 9:54:00 AM

    Anonymous from LA - I will repeat again - you can buy pre-embargo Chinese weapons and ammunition LEGALLY in the USA right now! (A friend of mine owns a Chinese Ak-47) That's because it is PRE-EMBARGO - just like the stuff Diveroli bought in Albania. The contract specified no Chinese, for the obvious reason that there is an embargo against China - but this would not apply to any pre-embargo goods which are 100% legal. As far as claiming that the origin was Albania or Hungary, the term 'point of origin' on Government delivery forms means point of shipment, not manufacture (as the government clearly states in their own regulations) - so he didn't even technically lie about that.

  • Anonymous 02/08/2009 2:53:00 AM

    Robert, just because the Chinese ammo was from the 60s and 70s doesn't mean the crime was committed in the 60s and 70s. Diveroli was instructed, and his contract stipulated: "Do not ship anything Chinese." The allegation is not just that AEY shipped Chinese ammo anyway and contravened an embargo. It's also that the company lied about the origin of the stuff.

  • Robert Fletcher 02/07/2009 11:54:00 PM

    One thing I find very interesting is that although most of the uproar about this story was about the ammo being bad quality, there was not a single charge in the indictment relating to the quality of the ammo. It was all about the ammo being originally made in china. Which would cause a free thinking person to conclude that the reports of the bad quality of the ammo were completely fabricated, greatly exaggerated, or that the US Government itself, in it's infinite wisdom, actually didn't really care about the quality of the ammo that we were supplying our Afghan allies. Either way, the quality of the ammo, from the prosecution's point of view, is a non-issue. What is an issue is that they feel that supplying ammo that was bought from China in the 1970's is against an embargo that was established in 1989. This violates a basic tenet of our constitution of 'ex post facto' - or prosecuting someone for a crime that was committed before the law was established. Just like you can buy pre-embargo Cuban cigars legally, and PRE-EMBARGO CHINESE WEAPONS AND AMMUNITION CAN BE BOUGHT LEGALLY IN THE USA RIGHT NOW!!! Just take a look around the internet. This prosecution is more about covering asses than enforcing the law - it has no legal basis whatsoever.

  • Thom Debord 02/06/2009 10:17:00 PM

    Whoa, Nelly. The above commentators apparently fail to realize that Mr. Diveroli is neither an agent nor a resident of Israel. If he were, he might have thought twice about selling the moderate Afghans faulty ammunition. They are, after all, on the front lines of the struggle against the very elements that would most enjoy seeing Israel pushed into the sea. Diveroli is manifestly not a creature of Israel. He is the product of a uniquely American worldview: that in which the fast buck and the situational ethic go hand in hand. In the Kibbutz, the priorities are different. The posters who write the word "Zionism" with such evident contempt have obviously decided to judge the nations of the Middle East on some kind of sliding scale. In only one of those nations could these posters debate matters of international rights and wrongs as openly as they do in this forum. Obviously, it doesn't matter: their complaints aren't rooted in any feeling for political or personal freedom. Nor are their complaints rooted in a disdain for religious fundamentalism. In objective terms, "Zionism" is no more odious than the various claims to exclusive salvation offered by the demagogues of other faiths. Would these posters prefer the United States ally itself with elements who would see the world ruled by Sharia law? I'm sure they don't mind the vast power wielded by the domestic Christian Right -- even though it, unlike the diffuse American Jewry, seeks to control the rights of non-believers. If they do mind, they're certainly quiet about it. So -- what's up with the hatred of Jews? Why the instinctive loathing of the Middle East's lone moderate, semi-secular state? And why assume that Diveroli is in league with some nefarious Israeli conspiracy, when his actions directly harm the Israeli cause? - Thom Debord

  • Vic 02/06/2009 9:09:00 PM

    This punk should be arrested, all his assets seized and be locked up for treason. How many soldiers died because the ammo this Zionist parasite sold them was useless? Israelis have damaged this country more than any other country in the world has. And now we have Israel-firster Emmanuel to further the rape of America. When will we wake up and realize that Israel is not a friend or ally, but our worst enemy.

  • Dick Cheney 02/06/2009 5:56:00 AM

    It's called privatization and it's the way of the future. You don't like it? I don't care, I have more money than God. Why the hell would we even want to buy Hungarian ammunition? Isn't it clear to everyone now that privatization is right-wing bullshat? Just another way to steal from taxpayers.

  • Dick Cheney 02/06/2009 5:45:00 AM

    It's called privatization and it's the way of the future. You don't like it? I don't care, I have more money than God. Why the hell would we even want to buy Hungarian ammunition? Isn't it clear to everyone now that privatization is right-wing bullshat? Just another way to steal from taxpayers.

  • Dick Cheney 02/06/2009 5:45:00 AM

    It's called privatization and it's the way of the future. You don't like it? I don't care, I have more money than God. Why the hell would we even want to buy Hungarian ammunition? Isn't it clear to everyone now that privatization is right-wing bullshat? Just another way to steal from taxpayers.

  • israelisamerica'sgreatestenemy 02/06/2009 2:23:00 AM

    israeli mafia and spies (oh yes, same thing) control the United States ... they are a Clear and Present Danger ... all israelis in the U.S. should immediately be deported to that murderous terror-apartheid state they have first loyalty to - israel ... and all the israeli-firster zionists (christ-fascist and jewish) should book a flight to tel aviv, renounce their U.S. citizenship and get the fuck out and never come back ... this scumbag arms dealer and his ability to game the system even after being exposed shows just what a stranglehold that parasite israel has over the United States of America

  • ROBinDALLAS 02/06/2009 2:11:00 AM

    This kid is a war profiteer, put into the business by his father. He and his father should be doing time.

  • Roland Deahl 02/06/2009 1:59:00 AM

    Mrs. Moore: AEY failed on eleven, not eight, transactions with the government. The government paid AEY no money on about half of its contracts in 2005; it seized some of AEY's money, too. The indicted arms dealer got 10 million dollars for two contracts after he was indicted. So that's how he made money off of you and me. It was illegal for Diveroli to sell Chinese ammo. The contract said so. Diveroli's defense lawyers have apparently not contested that he shipped it anyway. He's also accused of misrepresenting the ammo as Hungarian, which is fraud... That's also illegal. Then there are the watchlists... and the prior investigations of Diveroli, including two times for shipping Chinese war materiel to Iraq. Not to mention the 300 mil contract required safe and serviceable ammunition, whereas Diveroli shipped ammo that was often extremely old in cardboard packages that sometimes broke apart in cargo planes.

  • Laura Moore 02/05/2009 11:36:00 PM

    This is the most biased piece of sensationalist writing I have ever seen. The author, Penn Bullock, intentionally misleads readers. For example, anyone who was following the AEY story knows that though there were 8 contracts that didn't go well, the company successfully completed more than 200 - even firms like General Dynamics have a failure rate higher than that. And how is Ammoworks supposed to know who their customers are selling to? Ammunition is unregulated and therefore no one is required to know who the end customer is, even if it is the US Government - so how is 'the indicted arms dealer making money off you and me'?. He's just giving his customers a good, legal deal. This article is utter tabloid crap. Though Diveroli seems like a sleeze, everything he has done seems to be legal. The prosecutors rushed into a very legally shaky case because they were embarrassed by the New York Times. Which is why they're giving him his money back - they don't have a legal leg to stand on.

  • Geoffrey 02/05/2009 6:41:00 PM

    For Christ's sake, hasn't the government figured it out? Doesn't anyone in the munitions business have access to Google? Ephraim Diveroli is bad fucking news, period. You just don't do business with the guy. It's inconceivable, by the way, that we've given him back his money and expensive toys while he's out on bail. We're not talking about some suspected crack dealer with a dayjob at Denny's whose bicycle was confiscated at the time of arrest. This is a guy who obviously, plainly, indisputably fucked up the American war effort in Afghanistan (the only question is how much he knew and when he knew it), and who is now free to roam the land in the expensive vehicle paid for by his treachery. To hell with this man. Geoff

 

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