Sunday, 7 May 2023

The Surf Bros, the Villagers, the Wave Doctor, the Tech Money, and the Fight for Fiji’s Soul


Fijis waves particularly Cloudbreak near Malolo have made it a destination for surfers from all over the planet.
Fiji’s waves, particularly Cloudbreak near Malolo, have made it a destination for surfers from all over the planet.PHOTOGRAPH BY TOM SERVAIS.
Once a Pacific Eden, the island nation has become a destination for a highly combustible mix of global wealth and power—as a trio of would-be landowners have found out the hard way.

I. THE SURFERS AND THE BOATMAN

Five years ago, Ratu “Jona” Joseva, a 32-year-old Indigenous Fijian boat taximan, and two Aussie lifelong surfing bros, Navrin Fox and Woody Jack, bought an overgrown five-acre patch of coastline on Malolo, among the most popular of Fiji’s more than 330 islands. With its crescent beaches, Seussian palms, and proximity to the international airport, the roadless three-mile-long island has become a post-lockdown playground for billionaire yachties and privacy-seeking celebs. During my visit last July as Joseva and I puttered along the coast in his small fishing boat, we were lost in the shadow of a Millennium Falcon–size $45 million superyacht.

But Malolo also attracts another crowd: surfers like Fox and Jack who come to ride *the wave—*the one Kelly Slater has called his favorite—Cloudbreak. After Fox and Jack met Joseva on his boat taxi on a surf trip around 2014, the three men decided to go in on a sliver of undeveloped land, the rights of which were controlled by Joseva’s village. They secured a 99-year lease for $50,000. While the rest of the island was going high-end, they imagined building four little eco-friendly bures for their families and friends.

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Jack, a laid-back 42-year-old with long curly blond hair stuffed under his red baseball cap and maritime tattoos on his arms, is a surfboard shaper in Yamba, Australia. He saw the Fiji property as his home away from home. “We wanted our kids to grow up here,” he says.

As Joseva steers us onto the shore, his dogs leap from the boat looking for mullet. They come up empty. “No fish,” Joseva explains. That’s because there’s no coral either, and without it, the ecosystem crumbles. What was once a pristine coastal reef is now a graveyard. A 25-foot-deep channel cuts a 100-foot path through to the beach, where a large graffitied barge spills with rusting junk. Nearby, a gate runs through the center of their leased land, with deserted security booths on either side. A sloppily painted sign hangs from a post with a misspelled warning: “No Trespas.”

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The Walking Dead vibes only worsen along the zombie reef’s trail. Dozens of giant rusting construction trucks, their windows blown out by cyclones, line the road, leeching fluid into what’s left of the mangroves. Corroding steel girders and pipes litter the brush. Stacks of lumber rot into a stream turned toxic green. It’s like this for more than a mile of coastline, marked by warning signs in Chinese. At the end, there’s a small, fading strip of signs illustrating what this site was to be: a 61-acre tropical wonderland of 370 thatch-roofed bures, sparkling pools, and beachfront bungalows. It was going to be the largest resort in Fiji and the island nation’s first casino, and its name was Freesoul.

In 2018, Fox, Jack, and Joseva discovered that the mysterious builders behind the project had illegally seized their land and were willing to resort to violence to defend it. Five years later, their battle has become a full-on war for the heart of paradise that’s as bizarre as Fiji is beautiful, a parable of powerful international developers, pearl farmers, Silicon Valley billionaires, and a surfer-scientist who promises that he can solve coastal degradation and provide rideable breaks.

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At the center of it all are the locals fighting not only for their own environment, but for the future of a planet already underwater.

II. THE LAND

“Bula!” A dozen village elders and chiefs clap as they exclaim the Fijian greeting, “welcome.” The men, among the hereditary leaders of the nation’s 70 major clans, wear their formal short-sleeve, button-up tropical shirts and dark sulus. They’re gathered for a talanoa, a traditional forum of dialogue among the Pacific people for airing concerns and resolving conflicts.

It’s midmorning in July 2022, and we’re in a large blue pearl-farming shack, built on stilts over a still, sparkling bay of Taveuni. Lush, volcanic, and remote, Taveuni is famous for its robust reefs, kaleidoscopic corals, and bountiful marine life. It’s the fear of losing their environment to destructive developers that has brought the villagers together. Because, as they learned, one of the consultants on the Freesoul project now had designs to take over their reef too. “Our marine reserve to us is our life, it’s our heartbeat, the heartbeat of every person,” says Joseph Stolz, the 63-year-old Fijian spokesperson for the chiefs. “You don’t come to me and say, ‘I will stop your heartbeat.’ I’ll kill you first before you stop me,” he says, “that is how dangerous the issue is.”

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The battle of the Freesoul development starts with the Indigenous Fijians. They comprise about half of the million people who populate the country. Most of the rest are the descendants of the Indian laborers who served the former British colonial rulers. The Indigenous locals like Joseva live off the land in poor coastal villages—growing kava roots, hunting for pigs, fishing for wahoo. This turned crucial during the first years of the coronavirus; it shuttered the nation’s more than $1 billion tourism industry, which accounts for 40 percent of the $4.3 billion Fijian GDP.

“During COVID time,” Stolz says, “everybody goes to the sea. Those who haven’t fished before, they go to the sea. They realize how important living off the land is.”

In Malolo, Joseva’s family has been living off the land and waters for about seven generations, farming and fishing near Solevu, their rustic village of 800 people on the eastern coast. “On the island they were self-sufficient,” he says; “they catch their own, they grow their own.” Joseva was a precocious outlier, an ambitious young guy who wanted to start a business of his own: shuttling surfers from the resorts to the waves. That’s when he picked up the two riders who would become his allies in the biggest fight of his life, Fox and Jack.

Fox, a 48-year-old father of two, is a former pro surfer now making his living shaping his own signature boards in Australia. He and Jack had surfed the best spots in the world. But one of their favorites was in Malolo, one of the most welcoming and picturesque places they’d ever been. “I fell in love with Cloudbreak, it’s a beautiful wave,” Fox tells me one day over curry stew at the Funky Fish, a surfer camp a half mile up the coast from his property. “But I really fell in love with Fiji,” he continues, “that made me feel really connected with the place, the people.”

Fox and Jack became fast friends with Joseva, crashing at his house in Solevu and making their daily surf at Cloudbreak. Fox and Jack even convinced Joseva to give surfing a go. “The leg rope came off, then I was struggling,” Joseva tells me with a smile. “So as soon as I get on the boat, I say, ‘This is my last wave.’ ”

With wives and kids back home, Jack and Fox had long fantasized of buying a plot of their own. Joseva knew just the place, as he told them in 2015. It was just around the coast from Solevu and a 15-minute ride to Cloudbreak. Plus, it was easily accessible at high tide through a natural opening in the mangroves, which meant they could come and go without impacting the coastal protection that the trees provide. “You can’t touch the mangroves in Fiji,” Fox says, “we understand that and we respect that.”

In Fiji, around 90 percent of the land is owned by Indigenous groups called Mataqali; the rest is freehold or state-controlled. To secure the rights to their beachfront property, Fox, Jack, and Joseva had to negotiate a standard 99-year lease. This required two things: months of negotiations with local clans and a strong stomach for kava—a root brew that’s long been used as a ceremonial drink by Pacific Island peoples.

“Kava always the champion,” Joseva says in a deadpan. “Nobody can beat kava.”

In 2017, after two years and many kava bowls, the three had their $50,000 deal and their land. But they hadn’t begun work on their bures before Joseva got a surprising call from some villagers nearby. “There’s some people tenting at your land,” he recalls being told by a local.

When Joseva investigated, he found the canopied beach was now a makeshift tent city of laborers. Giant excavators clawed into the reef, digging up coral to make a massive channel. After flying out with Jack to meet Joseva and see the damage, Fox was sickened as he watched the industrial fluid spill into the marina. Guards manned their security booths at the gate. Workers dumped scrap metal into a barge by the channel. “There was toilet paper everywhere,” Joseva recalls. The workers had been shitting in the mangroves where local women fished for crabs.

PHOTOGRAPH BY JNEPHOTOS/ISTOCK/GETTY IMAGES.

To see this kind of environmental destruction firsthand felt like a gut punch. “It just went against all of our beliefs,” Fox says, “just about climate change and looking after the world, and our future for our kids and your kids. It just was like ‘Oh my, is this really happening?’ ”

The trio spotted a severe, well-dressed man whom the workers called the boss. His name was Dickson Peng. He ran a mobile phone store in Suva, Fiji’s capital city. Now he claimed to be representing the Freesoul site’s elusive developer. “Hey, mate, we’re your neighbors,” Fox recalls telling him, trying to remain diplomatic. “We are going to have to get along here, like can we talk about what you guys are doing and what you’re proposing to do?”

Peng, Fox said, just coldly stared through him. Then he spit at Fox’s feet. “We’re taking your land,” Fox recalled him saying. “Fuck you.” (Peng and Freesoul did not return requests for comment.)

In Fiji, the government requires any builder to complete and pass an environmental impact assessment, or EIA, before breaking ground. This applies, as described by the country’s Environment Management Act, to “any activity or undertaking likely to alter the physical nature of the land in any way.” The people behind Freesoul were clearly in violation on numerous grounds. As Fox, Jack, and Joseva watched Peng head off through the fallen mangroves with his crew, they believed that the destruction was in the design. But whose design was it?

III. DR. WAVE, PHD

“This is all completely artificial,” Shaw Mead tells me proudly as we walk the white crescent beach of a sparkling turquoise bay. “Where we’re standing was mud flats.”

It’s a searing blue morning a mile up the coast on Malolo, as I speak to Mead, a 56-year-old New Zealander with a PhD in coastal oceanography who has become the go-to marine consultant for high-end resorts in Fiji and around the world. Nicknamed “the surfer scientist,” he looks and lives the part, with his sun-kissed Spicoli hair, his tribal tattoos and lifelong passion for surfing. One afternoon over lunch, he shows me a photo on his iPhone of his head sliced open after a board speared it.

His company, eCoast, promotes what Mead describes as his “holistic approach to coastal and estuarine management.” We’re on Malolo in Vunabaka, a $124 million luxury development of residential homes, a private marina, and the five-star Six Senses resort, where he transformed the murky bay of dying fish into the Instagram-ready shores he had shown me. Among his first clients in Fiji was Mel Gibson, who in 2006 hired him to assess the wetlands on his private island, Mago, which he had bought for a reported $15 million. (“He was doing the right thing,” Mead says of Gibson.) A couple weeks after we meet, he emails me from Moskito, Richard Branson’s billionaire playground in the British Virgin Islands, where he’s mitigating beach erosion. The staff, he marvels, gets free booze 24/7. “Sir Richard just wants everybody to be happy,” he writes.

Mead grew up another Kiwi kid angling for waves in the scrappy surf town of Beach Haven. “My whole face used to peel off every Sunday from the sunburn,” he wistfully recalls. “We were all chasing the perfect wave.” Few chased it further than Mead, who eventually studied for a doctorate in coastal processes and surf research. When his university mentor, Dr. Kerry Black, left to start a company designing artificial reefs, Mead eventually followed. Their downright radical ambition was to work on projects that created a sort of virtuous circle, not just to protect vulnerable coastlines but to create surfable waves in the process. “Rather than just building seawalls and tipping rocks on the coast to stop erosion,” Mead says, “move those structures offshore, put them underwater, and then you can actually incorporate surfing breaks in them as well.”

In practice things have proven more difficult. Mead’s early projects in locales including England and India left problems in their wake. The sand-filled geo-containers used to create the artificial surfs buckled under the pressures of the ocean, ripping open and leaving behind the materials to wash ashore. For Mead, however, such things happen on the way to progress. “Some bags started to fail,” he says.

Mead has become a polarizing figure for his work. “I’ve learned how nasty some people can get,” he says. “They made me out like I’m Dr. Evil, going around the world ripping off loads of money. But a lot of the work I’ve done for the reef stuff has been pro bono because I believe in it.”

Mead is known around Fiji for his environmental work, and the rustic hotel, the Maqai Beach Eco Surf Resort, he owns in Taveuni. Around 2017, he was approached by a Suva planning company who wanted him to consult on a resort project in Malolo.

The group, Freesoul Real Estate Development, had struck a deal in 2017 with local clans to build their resort on the island. As an investigation by Newsroom, a New Zealand news site, would later confirm, the company had deep roots in China. With Peng as its executive director, Freesoul had launched in Fiji in 2002 as a telecom business and had been developing some of the 6,000 acres it owned across the land. Newsroom found that in 2017, the company expanded into tourism by partnering with the Shanghai Media Group, which runs radio and television stations throughout China. The resort would be part of China’s larger “Belt and Road” global development strategy, meant to expand its influence abroad. Fiji’s prime minister was the sole South Pacific nation leader at the first Belt and Road Forum in 2017.

After looking at the plan for its tropical wonderland, Mead did his usual computer modeling and analysis. He looked at the hydrodynamics of putting in the artificial reef pass, the desalinization plans. In April 2018, he coauthored a report called “Coastal Processes Assessment for Malolo Island Resort,” which, on his CV, he cites as “Prepared for Freesoul Real Estate.” Among other things, he recommended the most sustainable materials for the overwater bures, which would float off just “a small boardwalk through the middle” of the mangroves.

Mead makes a point to say that while he comes up with the environmental designs, he has no control over whether or how his clients implement them. But, he says, the builders at Freesoul followed his plan perfectly. “They weren’t mowing down mangroves,” he insists. “They were doing the right things. They were following the rules.” He pauses to correct himself. “They were following the advice, sorry,” he continues, “not the rules.”

IV. THE PRIME MINISTER

In September 2018 in Bangkok, Fiji prime minister Josaia Voreqe “Frank” Bainimarama gave the opening remarks at a UN Climate Change Conference.

Bainimarama was a controversial and authoritarian leader. After instigating a coup in 2006, the former commander of the Fijian military installed himself in power the next year. Soon after, he implemented a so-called Media Industry Development Decree, which subjected journalists to fines, intimidation, and imprisonment for acting critically of his regime. (In May 2022, the global press freedom watchdog Reporters Without Borders ranked Fiji as the worst place for journalists in the Pacific.)

This wasn’t the only scandal embroiling Bainimarama in 2018. Weeks earlier, the leader of a South Korean doomsday cult was arrested for holding 400 followers captive in Fiji. Shin Ok-ju, founder of the Grace Road Church, had led them to the country in 2014 as a safe haven from a prophesied famine, but escapees told of violent beatings and bizarre rituals. Grace Road allegedly maintained deep ties with the Fijian government, which had provided it with millions of dollars in business loans. An investigation by the Organized Crime and Corruption Reporting Project and the Korea Centre for Investigative Journalism later found “the sect now operates the country’s largest chain of restaurants, controls roughly 400 hectares of farmland, owns eight supermarkets and mini marts, and runs five Mobil petrol stations. Its businesses also provide services such as dentistry, events catering, heavy construction, and Korean beauty treatments.”

Despite the troubles at home, however, Bainimarama had fashioned himself as an environmental leader. As president of the Bangkok UN conference, he argued for the urgent implementation of the Paris Agreement. “Would any of us like to return to our people,” he told the conference, “and tell them that we had the chance to do something truly great and truly necessary for the world we will pass to our children, but we lacked the will to get it done?”

As Bainimarama spoke, the environmental calamity of the Freesoul project was playing out on Malolo. After being locked out of their beach in early 2018, Fox, Jack, and Joseva felt like they were facing an impossible fight. Freesoul wasn’t even making an offer to buy their speck of land; they were simply taking it (Fox said the group later offered them $10,000). As the months passed, the trio came to see their struggle as indicative of the global fight for environmental justice. They began working with Kenneth Chambers, an environmental attorney and chairman of the University of the South Pacific’s School of Land Management and Development in Suva. Chambers, who died in 2019, told Newsroom he took on the case because it “has raised serious questions about the Fijian government’s effectiveness or enthusiasm to administer its own environmental laws.”

The stringent enforcement provisions of the country’s Environment Management Act, Chambers knew, require that developers first obtain environmental approval before building. Yet Freesoul was flouting the laws: illegally reclaiming beach access, dredging and smashing the reef to build a boat channel on Fox, Jack, and Joseva’s beach, dumping debris from the destroyed reef on protected seagrass, destabilizing the hillsides after stripping them of vegetation, dumping raw sewage and trash into protected seaside mangroves, plowing over reefs at low tides in excavators and trucks.

In August 2018, Chambers succeeded in getting an interim injunction on Fox, Jack, and Joseva’s behalf from the Fijian courts—but Freesoul kept building. The next month, the trio flew a drone over the site, filming the continued construction and environmental vandalism: the trucks and workers and dead mangroves and reefs. They sent the photos and videos to the attorney general’s office. Freesoul just continued to build. How was Bainimarama and the government letting this happen, they wondered, just yards from a superyacht marina, no less?

V. THE SHOWDOWN

To circumvent Bainimarama’s restrictions on the Fijian press, Fox, Jack, and Joseva took their story to Melanie Reid, lead investigations editor for Newsroom in New Zealand. Reid’s story, published on February 7, 2019, detailed the environmental damage and included devastating before and after pictures of the site. “Everyone is asking what Freesoul’s secret is,” Chambers told her, “how this could happen with no EIA and no foreshore lease in place. Are the institutions just too busy and under-resourced or is something more sinister going on?”

After the story appeared, the local villagers tried to rescind Freesoul’s lease and stop construction. “This too is the Government’s fault,” Solevu village elder Jonetani Nayate told Newsroom, “because so many times they have been told they must stop work but no one has made them. Now they bring in the barges at three and four in the morning and unload all the materials while everyone is asleep.”

PHOTOGRAPH BY PHILIP THURSTON/GETTY IMAGES.

Despite their outcries, the work continued. Fijians lined the fence with placards protesting Freesoul. A woman held a handwritten sign that read “God is our main provider/He gave us our land/sea and environment to look after but not be abused.” When Fox, Jack, and Joseva returned with Reid two months later, in April 2019, a young Chinese man who represented Freesoul tried to wrestle Fox off the property.

Given the government’s tacit support of Freesoul, Fox avoided a fight, even when, he says, the man wielded a rusty metal rod. An existential surfer cowboy, he steadied himself like he was facing a monster wave. “I was very aware that if I was aggressive back to that man,” he says, “I would be thrown in jail pretty quickly.” Reid and her crew were later arrested in Suva outside Freesoul offices by local police for trespassing and taken to jail.

Mead has a two-word descriptor for accusations that the resort builders were illegally using Fox, Jack, and Joseva’s land: “fake news.” Freesoul wasn’t on their beach, he says, “they were right on the boundary.” The builders were “already following the plan of what would have been acceptable,” he tells me. As for accusations that his design amounted to environmental vandalism, he has two more words: “completely bogus.”

VI. ENTER THE TECH BROS

Mead wasn’t lingering on the showdown at Freesoul. He’s got an even more ambitious project on his mind when we meet one starry night in July along his artificial beach at Vunabaka. Dressed in a T-shirt, board shorts, and jandals and sipping a Corona, he explains what was to be his most radical plan for Fiji yet. He wanted to create a world-class surfing wave by “sculpting,” as he put it, a coral reef. By shaving off a portion of the seabed floor, he says, he could not only create better ocean physics for wave making but revitalize local marine life. “That area where we’ve scraped the stuff off,” he says, “everything will come back there. Within one day, you’ll see hydroids and some of the slimy type of algae. Within two years, it’ll be back to the same as it was.”

This wasn’t just one surfer nerd’s kooky dream. The World Wave Project, as Mead and his partners dubbed it, got an early vote of confidence. It received pre-seed funding from the Founders Fund, the firm colaunched by Peter Thiel, the cocreator of PayPal, early backer of Facebook, and controversial billionaire conservative donor.

Since the late 2000s, Mead and Anthony Marcotti, founder and former owner of a surf resort in Indonesia called Kandui, had been geeking out about how wave building could be a win-win for both surfers and the oceans. “It’s not about money,” Marcotti tells me. “It’s all about how cool it would be to create something like this that benefits everyone and that helps the environment.” Their friend Michael Lucas, the 50-year-old Kiwi surfer who co-owns Vunabaka resort, agreed. “We’re taking material from the area where the waves are breaking, and we’re putting it in an area where they’re not breaking,” he says. “The fish will love it!”

So, they thought, would investors. The WWP, if successful, could lead to strings of surf resorts being built in areas where none existed before. After launching an Indiegogo fundraising page detailing Mead’s scientific plan, the WWP caught the attention of the Founders Fund’s Scott Nolan, an early engineer at Elon Musk’s SpaceX and a surfer himself. Nolan saw Mead’s innovation as a novel way to use the ocean’s force to create a more efficient and ecologically sound answer to artificial wave pools. “Why don’t we just go in the ocean?” Nolan tells me. “Can we reduce the cost of making a world-class surf resource by ten to a hundred times in the ocean such that it can actually be commercial? You can actually pay for real restoration and massively net-positive habitat.”

Mead knew just the place to engineer their waves. Since 2012, he had been the owner and director of the Maqai Beach Eco Surf Resort on the small Fijian island of Qamea. Located just across the bay from the garden island of Taveuni, Maqai’s main draw was its proximity to some decent local surf. But the waves were seasonal. By shaving a portion of dead reef there, however, Mead could whip up his magic world-class waves all year. His group projected the resorts and tourism that would come up around this would bring in an estimated $30 million per year, with, as per Fijian custom, 10 percent going to the local landowners. And with the WWP planning to raise around $7 million from outside Fiji, it felt like the Wave guys were giving the locals, as Lucas puts it, “a gift.”

VII. “OYSTER WILL DIE”

But, as Mead and his cohorts quickly discovered, it was a gift the locals didn’t desire. Fox put his concerns bluntly. “That’s an idiot talking,” Fox says. “I don’t care how smart you think you are. You don’t go ripping up a pristine reef.” By the fall of 2021, concern over Mead’s plan was spreading in the surrounding islands.

“You can never replace a reef that’s been destroyed,” one local tells me in July as we walk along the shore, the Pacific lapping at our feet. “So many people’s lives in these areas, especially in these remote areas,” they say, “are connected to the reef and the health of the reef.”

Among them is Claude Prevost, a former advertising executive from Quebec City who now operates the Civa Fiji Pearls farm near the WWP’s proposed site. A gruff, tattooed, gray-haired 55-year-old, he usually wears a black pearl choker and several more black pearls around his wrist. One afternoon, he takes me scuba diving beneath the crystal blue waters nearby to see his pearl farm 30 feet below. Deep under the surface, several rows of palm-size oysters hang from lines as pink, blue, black, and green pearls grow inside their shells. A half dozen hammerhead sharks circle below us. (Mead says the WWP “would have had no impact whatsoever” on Prevost’s pearl farm.) “I need an ecologically balanced reef that produces plankton for food for my oyster,” Prevost says. “I don’t need a dead reef around me. Oyster will die.”

In July 2022 Prevost and his supporters held their talanoa with the local villagers and chiefs to fight Mead’s plan. Rusiate “Rusi” Laladidi, who serves as the Mata ni Tikina, or “representative of the tribe,” represented the seven villages of the Wainikeli district. Rusi has a college degree, but, he said, most locals are poorly prepared to handle the legal and environmental complexities of local development. “We can’t do much,” he said. “I have to fight for them because most of the village, they only have primary, secondary level education.”

On the day we gathered at Prevost’s pearl farm, Stolz, the spokesperson for the chiefs, said they blamed the Fijian government at the time for allowing Mead and developers in. “Especially when our prime minister is the champion of climate change all over the world,” Stolz said angrily, “going out throughout the world and telling all the people in the world that Fiji is the forerunner in climate change issues. Yet at the same time, it’s happening right here in Fiji, allowing people to come in and destroy our resources.”

In what Mead’s group considered an act of goodwill, they offered each village a $4,500 donation before fishing rights would be negotiated. But the chiefs and villagers balked. “What would that mean for the future of this generation?” Stolz said. “You cannot repay the damage that would be done…$27,000 for the damage of our whole marine resources? I would say, in the international language: ‘Fuck off!’”

VIII. EBB TIDE

Brian Cregan is an Aussie surfer who famously starred in the 1979 surf film Band on the Run. For 24 years, he has owned a property on Qamea near Mead’s resort and has spent countless days surfing the area. “Those WWP guys were assuming they could steamroll their way with the local Fijians and the Fijian government,” he tells me. And he knew Mead had tried something similar with the Freesoul project on Malolo. So he called Fox, Jack, and Joseva.

After two years of fighting, the three friends were succeeding in finally beating back Freesoul on their shores. The assault on Fox by the Freesoul worker and the arrest of Reid and her Newsroom crew made international waves, including a story on 60 Minutes in Australia.

On April 4, 2019, Prime Minister Bainimarama apologized to the journalists for their treatment and vowed to bring an end to Freesoul’s campaign. “The conduct of Freesoul Real Estate Development has been deeply concerning to me personally for some time,” he said. “As both a Fijian who treasures our environment and a global advocate for sustainable development, I share in the public’s outrage. We need to send a strong message to Freesoul…and other developers looking to cause us harm, that they are not welcome to operate in Fiji.”

If the Bainimarama government was concerned, of course, why didn’t it take action before the journalists were arrested for asking questions? The answer, as Fox, Jack, and Joseva’s attorney Ken Chambers saw it, was clear. “I believe Freesoul is part of the Chinese Belt and Road initiative,” he told me before his death.

A day after Bainimarama’s apology, Fiji’s Department of Environment revoked the project’s approval for good. In April 2021, the High Court chief justice found Freesoul guilty on two counts of undertaking unauthorized development, not guilty of one count of failing to comply with a prohibition notice, and later fined it $450,000 for causing “substantial harm to the environment” and ordered the company to post an additional $630,000 bond with the Department of Environment for rehabilitating the area.

It’s the first time in Fijian history that an environmental law has been used to bring criminal charges. “The big question is whether the Chinese government will put its hand in its pocket” to pay Freesoul’s fines, Chambers said. Bainimarama’s reign of almost 16 years ended in December when he was defeated by his rival, Sitiveni Rabuka of the People’s Alliance.

For Fox and the others, it feels like vindication. “We’ve never done anything wrong,” Fox says. “We’ve never hurt anyone. We’ve never been aggressive towards anyone. We’ve never broken the law, and that’s what we’ve done that’s right.”

And that’s exactly what they advised the activists fighting the World Wave Project to do. With their success over Freesoul, in fact, the tide was turning even more swiftly against Mead and the WWP. Supporters including oceanographic explorer Jean-Michel Cousteau, son of the late ocean explorer Jacques Cousteau, joined the outcry. “My lifetime of experience and moral sense of duty compels me to strongly object to the World Wave Project’s proposal to ‘sculpt and modify’ any reefs to enhance surf breaks,” he said in a statement on behalf of his conservation group, Ocean Futures Society. “Coral reefs must be protected not destroyed!”

The Taveuni Tourism Association, an organization of 50-plus resorts in the area, agreed. It declared its opposition to the WWP, which it feared would “remove healthy coral, change the ecosystem, impact adjoining reefs, and threaten the livelihoods of tourism.” A scathing takedown of the project on the surfer site Swellnet was more direct: “When the bull-headed ambition of Dr. Shaw Mead meets the fuck you money of Scott Nolan, giving up simply isn’t an option.”

On May 25, 2022, Mead and Lucas traveled to Naselesele Village in Taveuni to meet with the local chiefs about the project. The Fijian elders and villagers wore their formal tropical shirts. But there was no kava for their guests. When I ask Stolz how he felt when he saw Lucas and Mead, his eyes narrow. “I really want to eat their souls out,” he says, “and I really want to eat their guts out.”

The meeting saw eruptions of similar anger. “Where the development will take place, it’s a small area and that’s where we fish from,” Iosefo Tikoisolomone, the traditional head of a local clan, said in Fijian, recorded by local news. “You are trying this development on our source of livelihood,” he shouted. “Everyone sitting here doesn’t want this development.” Another man insinuated that the only reason Mead and Lucas were there at all was because the government had made no effort to stop them, any more than they had challenged Freesoul.

Lucas stood and told the crowd that if they didn’t want the project, the WWP would leave—and take its money with it. “It’s up to the community if they want to progress or if they don’t,” he tells me one afternoon over lobsters and beers at his resort, Vunabaka. “We are coming up here with an opportunity and the opportunity is yours,” he goes on. “If you don’t want to take it, we’ll take the project elsewhere…. We thought this would help you.”

The locals on Qamea ultimately declined Mead and Lucas’s requests to build. Still, the WWP is unwavering; it’s already planning its first wave in two undisclosed cities, Mead tells me in January, and hopes to get official approvals this year. Mead also says he has heard that Dickson Peng, Freesoul’s local emissary, is back in town—and that discussions have resumed to begin work on the Malolo project. “In recent times, they’re talking now about picking it up again,” Mead says. Earlier this year, a Fijian court blocked Freesoul’s efforts to overturn a 2019 injunction that halted work on the site—the new Fijian government backed Fox, Jack, and Joseva’s objection to its lifting. In March, the same court gave Freesoul six months to pay the remaining $122,000 it owed.

While Mead’s wave builders seek to engineer their paradise elsewhere, Fox, Jack, and Joseva are hoping to bring theirs back. Malia Rouillon, an environmentalist they hired to survey the damage, estimates the cleanup will cost around $1 million and restore the mangroves and reef to their healthy state within three years. As of this writing, however, construction debris still litters the abandoned site. Without stabilization, Rouillon says, the marine life will never return. Fox, Jack, and Joseva (who now lives on the land in a small house and hut with his wife and four children) hope to use some of Freesoul’s waste to build their own ecolodge. “That could be a good opportunity for us, which would be pretty ironic,” Fox says, “to buy some of the material that’s there going to waste anyway. We might as well reuse that and lessen our footprint.”

In the meantime, the place is finally starting to feel more like home. It’s Fox’s 49th birthday and they’re celebrating here. Joseva, his family, and some local villagers are barbecuing on an open fire. Jack and Fox’s wife, Jacinta, are getting schooled in how to hatchet open a coconut from one of Joseva’s kids. The rain forest cradles over them; Cloudbreak curls on the horizon. “Yeah,” Fox says with a smile, “then we’ll start our own little venture.”

A Trucker’s Kidnapping, a Suspicious Ransom, and a Colorado Family’s Perilous Quest for Justice

Illustration by Hokyoung Kim

“Why haven’t we killed him already?”. It was one of the few things Orlando León could hear his captors arguing about through the sound of rain pounding on a metal roof in Guatemala. From where he sat with his hands bound in front of him and a hood pulled over his head, he wondered the same thing: How was he still alive? And how long had he been sitting there?

A metallic taste filled Orlando’s mouth as blood dripped from the gums where his top four front teeth had once been. It was difficult to see anything through the hood, but Orlando knew he was in a cemetery. Before his kidnappers had shoved him inside a small building, he’d been able to make out the silhouettes of gravestones and crosses when flashes of lightning illuminated them against the dark backdrop of the jungle. Judging from other stories he’d heard about kidnappings in Guatemala, he figured his abductors had already dug an unmarked grave for him.

“What do you want from me?” Orlando asked.

“Shut up, you son of a bitch,” one of the captors said.

The other men inside the room continued arguing in hushed tones before appearing to come to an agreement. Orlando could hear them rustling around. “Use these,” one of them said amid the beeps of cell phones being turned off and on. “They could be tracking us.” Then, before using one from what Orlando presumed to be a bag full of burner phones, the men demanded a number from him.

Thousands of miles away in Aurora, Sylvia Galván Cedillo’s cell lit up with a call from an unknown number in Guatemala. It was October 19, 2014, and it had been almost 12 hours since relatives in Guatemala alerted her that a group of men had snatched her husband from the streets of his ancestral village of Aldea Zarzal. Since then, her house had sounded like an emergency call center. Sylvia and her daughter, 28-year-old Alondra León, tried to find out more about who Orlando had recently been in contact with. And her sons, Chris and Elvis León, then 27 and 30 years old, respectively, had reported the kidnapping to the Aurora Police Department—although, according to the family, Aurora PD failed to take a report once it heard the incident was in Guatemala. Officers instructed them to contact the FBI.

So, the family turned to other officials, including the FBI (who the family says advised them to file a report online but declined to get involved right away), as well as the Guatemalan consulate in Denver, Guatemala’s national police, and local police in the Zacapa region of Guatemala where Orlando had last been seen.

After Sylvia saw the unknown number on her screen, she answered uneasily.

“Call the police again and we’ll kill your husband,” a man said.

A jostling sound obscured the other end of the line before Sylvia heard a familiar voice. “Stop asking around about these guys,” Orlando said to his wife. “Just do what they say!”

Before hanging up, the callers said they’d be in touch. Now the León family felt even more unsettled. How had the kidnappers known they’d been calling police in Guatemala? Later, the family would speculate that alerting both the local and national police put enough pressure on Orlando’s captors to save his life, but in the panic of that day, it seemed that any move might be the difference between life and death. Sylvia couldn’t make sense of it. Why had Orlando been kidnapped? Her husband had simply made a routine trip down to Guatemala to sell used cars from America like he had dozens of times before.

Another call came in after midnight in Colorado. This time, the kidnappers issued instructions: Orlando could live, and they would spare his Guatemalan relatives as well, if Sylvia deposited $7,000 into a specified bank account at Wells Fargo. Sylvia and her son, Elvis, say they didn’t question the request and remember going to a Wells Fargo branch on a Monday morning to pay the ransom.

The promise of the money compelled his captors to let Orlando go free, but while Sylvia and Elvis were at the bank, something else happened: As Sylvia gave a female bank teller the account number, Sylvia divulged that the deposit was a ransom payment. Sylvia asked the teller if she would be willing to share the name and address of the account holder. The bank teller initially declined and cited a privacy policy. But after Sylvia shared details of the family’s plight, the Wells Fargo employee, according to Sylvia and Elvis, discreetly turned her computer screen around so that it faced the mother and son. “This money isn’t going to Guatemala,” the teller said.

Elvis’ and Sylvia’s eyes went wide as they realized their money was being routed to a bank account in the Denver metro area. They weren’t sure yet, but it occurred to them that it was possible Orlando had been kidnapped by associates of the very people who’d hired him to transport cars from Colorado to Guatemala.

Orlando León and Sylvia Galván Cedillo this past winter in Colorado. Photo by Amanda López

Drive along the highways of south Texas, or in Mexico’s eastern states of Tamaulipas, Veracruz, and Tabasco, and they’re hard to miss: caravans of used passenger vehicles, usually old pickup trucks, heading southbound toward Central America. Oftentimes, the used autos are piled high with secondhand goods, such as washing machines and motorbikes, and they’re typically hauling a second passenger vehicle behind them with torn pieces of duct tape spelling out “In Tow” on a rear hitch or window. The drivers of these vehicles are transmigrantes, a term derived from a special visa program that the Mexican government devised to allow goods and vehicles to move overland from the United States to Central America along designated highways and without drivers having to pay high import-export fees.

According to the U.S. Department of Homeland Security, the idea behind the program was to allow families in the United States to move—or transmigrate—across Mexico to Central America while not imposing heavy customs duties on items they brought along with them. Other times, individuals from the United States use the visa to personally transport goods (which they’re not allowed to sell in Mexico) to family members in Guatemala, Honduras, and El Salvador, often during the holiday season. Over the past three decades, though, an entire industry of freelance truckers has arisen around the program and its tax loopholes.

Like many who fall into the transmigrante trade, Enrique Orlando León has Central American roots. A skilled auto mechanic, Orlando grew up in rural Guatemala, moved to the United States in the 1970s, and met his wife, Sylvia, in Los Angeles, where they had three children. In 1995, the family of five moved to Colorado’s Front Range to escape their gang-troubled neighborhood in Southern California.

It was not long afterward that Orlando—now 67 years old, with salt-and-pepper hair often hidden beneath a baseball cap—attended an auto auction in Highlands Ranch, where he met a man who described how he’d been transporting used cars he bought in Colorado to Central America. To cut down on customs fees, the man explained, he’d been using Mexico’s transmigrante program—and was generating handsome profits by selling the vehicles in Guatemala. “You can earn 100 percent returns,” the man told Orlando. “Even up to 200 percent, depending on the type of vehicle.”

Intrigued, Orlando checked out the man’s claims. Not only was it completely legal to use the transmigrante program in this way, Orlando learned, but it was also a classic arbitrage scenario, the term economists use when the same item has different prices in separate markets. Certain types of cars were in much higher demand in Guatemala, with price tags significantly elevated over their counterparts in the United States. And the most sought-after vehicles of all? Toyota pickup trucks—especially Tacomas—which farmers in Guatemala like to use to move materials up and down steep rural roads. “Back then [in the ’90s and 2000s], if you found a used Toyota pickup here for $900,” Orlando says, “you could sell it in Guatemala for $3,000.”

As it turned out, Orlando had inadvertently moved his family to an ideal home base for work as a Guatemala-bound transmigrante. For a while, he remembers, Colorado seemed to be a gold mine of cheap Toyota pickups, and his skills as a mechanic paid off when he bought and repaired salvage vehicles from local auto auctions such as Copart, as well as online resources like Craigslist and, later, Facebook Marketplace. With I-25 and I-70 merging in Denver, the Centennial State’s central location also makes it an ideal staging ground for local transmigrantes who make trips to fetch used vehicles in states like Wyoming, Idaho, and Montana.

From the start, Sylvia didn’t love her husband’s new profession. Early on, Sylvia noticed that Orlando’s profits were actually pretty meager after factoring in what he spent on gas, motels, bribes, repairs, and flights home. “And when he left, it was always more work for me to take care of the children,” she says.

Then there were the inherent dangers of the job, which even Orlando readily lists: car accidents, highway robberies, police shakedowns, and running the gauntlet through cartel territory, which could involve payoffs or far scarier run-ins, including kidnappings. To mitigate those risks, transmigrantes stick together in caravans, and it wasn’t long before Orlando befriended other drivers in Colorado—a group he currently estimates to be about 30 strong. Among them is Jorge Reyna, who lives in Capitol Hill and has been doing transmigrante runs since 1987. Like Sylvia, Reyna points out that the financial incentives of transmigrante work don’t always justify the effort or the risk, but he has always had other reasons for doing the trips. “It’s a job that doesn’t enslave you like all those people who work five days a week, eight hours a day, in an office,” Reyna says.

Plus, Reyna explains, being a transmigrante allows Guatemalan-born men like himself and Orlando to maintain a connection with their families and ancestral homelands. “We bring things that help people in Guatemala,” Reyna says. Whenever transmigrantes deliver cars and other requested items, like televisions, washing machines, clothing, and furniture, they’re hauling away America’s detritus for a second life in Guatemala. America’s excess becomes Guatemala’s gain.

“This is a good thing for the people of Guatemala,” Reyna says. After enduring a 36-year civil war that ended in 1996 and resulted in the deaths of as many as 200,000 people, Guatemala has had to play catch-up with the economy of the modern world—and goods from America help in that process. The main problem, as Orlando and Reyna learned, is that not everyone surrounding the transmigrante trade is so noble-minded.

In 2011, Orlando felt like he’d caught a break. During his decade-plus of transmigrante runs, it had always been time-consuming work finding leads on used trucks, checking under their hoods, and oftentimes losing bids for those vehicles at auctions. Cheap Toyota trucks were also becoming increasingly difficult to come by. It seemed like transmigrantes across the American West scoured the same auction sites and Facebook pages that Orlando used. Where hundreds of transmigrantes used to cross the Texas border each month in the late 1990s, now hundreds, sometimes thousands, were doing so every week. So, when Orlando met a Guatemalan family in Colorado who wanted to hire him to move their cars and their goods, the Aurora mechanic seized the opportunity to do some contract work.

Over the next three years, Orlando estimates he did half a dozen trips as a hired hand for one family. (5280 is not naming Orlando’s employers at the request of the León family and because the individuals have not been charged with any crimes.) Orlando says he never examined the cargo in the vehicles that closely, and everything always passed inspections at the U.S.-Mexico border. “But I also never suspected anything was up,” he adds.

That would all change in September 2014, when his Colorado employers asked if he could drive a box truck full of furniture to Guatemala. Orlando initially told them he was busy; he was already planning to transport a school bus he’d bought to resell in Guatemala and had promised to drive the bus in a caravan full of other transmigrantes, including Reyna. But when Reyna heard about his friend’s dilemma and suggested another driver that Orlando could subcontract with to drive the box truck, the Colorado employers gave Orlando the go-ahead.

Later that month, the caravan set off from the Texas border and rumbled southbound through Mexico. Before nightfall, the weather turned rainy, and as the hours stretched on, the box truck got well ahead of Orlando and Reyna. Daylight disappeared as the caravan passed the city of Naranjos in Veracruz. That’s when they saw the brake lights. The word was that there was an accident ahead—and it involved a big rig and a box truck.

By the time Orlando realized his hired driver had flipped his vehicle sideways in a drainage ditch while trying to avoid a wayward semi, Mexican police had already stuck the driver into a hospital-bound ambulance and were working to impound the damaged vehicle. Knowing the Mexican police would likely confiscate everything they could, given the opportunity, Orlando says he paid the cops $600 in cash so they wouldn’t rob the truck he was supposed to deliver to Guatemala. Still, it would take nearly four weeks for Orlando to get the box truck out of the impound lot and tow the wreckage to Guatemala.

Much to Orlando’s relief, Carlos,* the recipient of the box truck, seemed in relatively good spirits when Orlando handed it off to him near the Mexico-Guatemala border on October 13. To make up for the delay in delivery, Orlando had promised to provide a comparable box truck to make up for the damaged one, and Carlos agreed to the transmigrante’s offer. So, when Orlando traveled six hours away from the border to stay with his sister in Aldea Zarzal, he figured the ordeal was mostly over. A few days later, however, Carlos knocked on Orlando’s sister’s front door at 8:30 a.m. and asked if Orlando had time to grab coffee with him and two of his friends.

As soon as Orlando stepped out into the street, he felt the butt of a pistol slam against his face. A villager would later find Orlando’s teeth lying in the roadside grass. It was only after the Coloradan regained consciousness and found himself in the cemetery that he began to question the legitimacy of the delivery he’d made. Had Mexican authorities, despite their assurances, stolen anything while the truck sat in impound? And what, exactly, had been inside?

Even now—years later—Orlando still hears rumors about what may have been concealed in the truck’s cargo, including guns or even up to $2 million in cash hidden inside pieces of furniture. If that much money had gone missing, though, Orlando doesn’t think he’d be alive—or that he’d have been able to negotiate his release for such a comparatively small sum. While his kidnappers originally asked for $15,000, Orlando says he negotiated it down to $7,000 by telling his captors they could keep the school bus he’d driven down to sell in Guatemala. Only in retrospect does it appear that some outside factor—perhaps his family’s calls to local Guatemalan police—saved him from a shallow, unmarked grave.

Photos of Orlando León’s injuries from a Guatemalan police report and an X-ray that he had done after his kidnapping. Photos courtesy of Elvis León

Orlando managed to escape Guatemala with his life, but now he craved justice. No sooner had he returned to Colorado than the León family began approaching numerous U.S. law enforcement agencies—and politicians. This included a second conversation with the Aurora Police Department, which did send an officer to the León home on October 26, 2014, to take a report, but only after Morgan Carroll, then a Colorado state senator, had heard about the situation and called the department to ask it to do something. Once again, Aurora Police referred the Leóns to the FBI, who the Leóns say told them that the Wells Fargo account Sylvia and Elvis had deposited money into had multiple account holders. Although the name Sylvia had written down at the bank was a person related to Orlando’s ex-employers, it would be difficult to prove in court who actually received the money. (In a statement to 5280, the FBI could not “confirm or deny” that the agency ever looked into the matter.)

Orlando then approached the Drug Enforcement Administration (DEA) after other Guatemalans in Denver suggested that his employers may have been involved in narco-trafficking. The DEA, according to the León family, told them two things: that the agency believed they were in imminent danger and should move, and that it found Orlando’s story too suspicious to accept at face value. This included the fact that Orlando had been kidnapped by a man in Guatemala—Carlos—whom he had delivered vehicles to before and could easily identify. “They basically said that there were a lot of red flags in this story,” remembers Orlando’s son Elvis, who had begun helping his Spanish-speaking parents interface with U.S. law enforcement agencies. “The DEA said that my dad knew more than he was letting on, and unless he confessed that he was selling drugs, or moving money and guns for these guys, that they would not move forward with us.”

While the answer frustrated Orlando, who swore he had no knowledge of illegal activity before his kidnapping, the DEA’s response insulted Elvis. The now 38-year-old Army veteran had served a tour in Iraq and thought his military service would help get agencies like the DEA to take his family’s situation seriously. As Elvis saw it, his father—a permanent legal resident—was inviting powerful federal agencies to pick over the details of his life and work. Orlando himself had also told the DEA that there could’ve been contraband in the cars he’d transported from Colorado. Why, Elvis wondered, was his father being asked to confess to the very things he wanted the feds to investigate?

It would take finding an agent with personal experience investigating Guatemalan criminal activity in Colorado for Orlando to gain any traction. In 2016, after a year and a half of dead ends with other federal agencies, Elvis and Orlando walked into a U.S. Department of Homeland Security Investigations (HSI) office in Greenwood Village and were directed to Andrew Anderson. The HSI agent had previously investigated another Colorado incident in which unsuspecting drivers moved contraband to Guatemala. That 2010 case involved a shipping company called Transportes Zuleta, an unwitting, DHL-type outfit that a number of Colorado-based criminals took advantage of and used to illegally ship guns to Guatemala by hiding weapons inside speakers and televisions. As Anderson worked that case and helped nab one suspect in an undercover gun buy, the white, Spanish-speaking agent came to develop a variety of Guatemalan sources around Denver. “What’s unique about the Guatemalan community here is that they all seem to know each other,” Anderson says.

When Anderson, who is now retired, learned the details surrounding Orlando’s kidnapping, not only did the story of an innocent driver bear resemblances to the Transportes Zuleta case, but Anderson was also able to go back to various sources and vet Orlando’s reputation. “I had several people say, ‘I know that guy; he’s a great guy. He takes cars to Guatemala,’ ” Anderson says. The references matched Anderson’s own sense of the man. “He seemed just to me like an older, hardworking guy,” he says. “I didn’t have any reason to think he was involved in anything.”

The agent felt comfortable enough around Orlando that he decided to take him on a few ride-alongs so that Orlando could help identify the people who’d hired him in Colorado, as well as point out properties where he had picked up vehicles. Anderson recalls some of the locations being isolated pieces of ranchland, making them difficult targets for in-person surveillance.

Surveillance difficulties weren’t the only issue, though. Once Anderson started asking around to see if any of his old sources knew the suspects—and might be willing to gather intel on them—the agent learned that people were intimidated by Orlando’s former employers. The word was they had guns. And money. The federal agent soon began to understand why the León family was so afraid.

By the time Orlando began doing ride-alongs with Anderson in late 2016, there had already been a number of developments in his kidnapping case south of the U.S. border. Based on a police report that Orlando had submitted before he’d returned to Colorado, the Policía Nacional Civil—Guatemala’s national police—had arrested one of his captors in March 2015. As La Prensa Libre, a Guatemalan newspaper, reported, Carlos “was captured in El Molino…. He is accused of having participated in the kidnapping of a businessman in October of 2014.”

When the León family heard the news, Elvis says he and his parents were shocked. “This doesn’t happen in a place like Guatemala,” Elvis says. “No one gets arrested there.” The report was cause for celebration, some of which Elvis captured on video. With his parents’ permission, he had begun filming his family’s experiences for a possible documentary. After leaving the Army on an honorable discharge, Elvis had studied film production at Aurora Community College and Regis University on the GI Bill. With a few documentary shorts in his portfolio (Cecil & Carl, a film about an aging gay couple in Denver, played at 50 international festivals and earned eight awards), the budding auteur realized that, in the aftermath of his father’s kidnapping, he had intimate access to one of the most compelling human dramas he could imagine.

The project would eventually consume him and grow to include more than 600 hours of footage. But even from the start, Elvis recognized a second incentive to capture video: By documenting the incidents that had started to befall his family in Colorado post-kidnapping, he could gather evidence for law enforcement.

Not long after Carlos’ arrest in Guatemala, Sylvia says cars with tinted windows would slowly drive by the family’s Aurora home; in one case, Orlando remembers a vehicle parking directly in front of the house and idling there for hours with its engine on. The couple, who had never owned firearms, started keeping weapons in their house and taking target practice on the weekends. They installed security cameras around the property.

Elvis, Orlando and Sylvia’s son, has documented his father’s ordeal on video. Photo by Amanda López

Then the family began getting calls from Guatemala, some of which Elvis captured on video. Orlando’s relatives told him they were receiving death threats—including warnings that they would “eat worms”—and begged Orlando to drop his accusation against Carlos. Another time, Orlando says one of Carlos’ lawyers called him and offered to pay back the ransom money, which he refused. Finally, Orlando says he got three calls from Carlos himself, from inside the jail where he was being held before trial. “In Guatemala, if you pay the police enough money, they’ll let you do anything inside a jail,” Orlando says. “So, Carlos calls me and says, ‘C’mon, how much money do you need?’ And I said, ‘I can’t do anything for you.’ ”

The threats to Orlando’s relatives only escalated, and he grew more embittered that the investigation wasn’t going anywhere. Elvis noticed his dad became desperate to gather more evidence. At night, Orlando had begun playing detective, driving around to map out the various homes and companies the Colorado suspects owned. While Orlando never saw any of the suspects, everyone in the León family feared that Orlando’s sleuthing might lead to his death.

By mid-2017, the case in Guatemala seemed to have stalled; Carlos’ trial had been delayed for more than two years, and it still wasn’t clear to anyone when or if it would actually happen. The family also heard less and less from HSI, until August 2019, when Anderson delivered bad news: Without any inside sources or a suspect they could flip in Colorado, his agency couldn’t gather enough evidence on Orlando’s ex-employers to continue its investigation.

As disappointing as this development was, Sylvia prayed her husband might take Anderson’s news as a sign to give up his quest for justice. The strange cars driving by the house, the veiled threats, the constant fear—it was getting to her. “We had many fights about this,” she remembers. “I told him, ‘You are free. You are well. Think about how many times they kidnap someone and you never see them again. So please stop for us, OK?’ ”

Orlando remained implacable. He said he had to see his case through. Although Sylvia believed her husband ignored many of her pleas, she was able to get Orlando to agree to one concession: that he wouldn’t leave the United States on transmigrante runs. Per their agreement, he would only take used cars as far Los Indios, Texas, to hand them off to other drivers. After all, she said, the border was dangerous enough.

The Free Trade International Bridge, a four-lane highway with barbed wire fences that spans approximately 500 feet across an emerald green section of the Rio Grande between Los Indios, Texas, and Matamoros, Mexico, has traditionally been the only border crossing that transmigrantes could use under Mexico’s visa program. That changed in March 2021, when a second port of entry in Presidio, Texas, opened. Still, Los Indios continues to see the vast majority of transmigrantes. According to data compiled by Cameron County, Texas, around 5,000 transmigrantes enter Mexico through there every month. Those numbers have created a cottage industry in Los Indios, which includes not just rest stops, convenience stores, and dorms for transmigrantes, but also so-called forwarding agencies, which transmigrantes use to pay document fees, get visa paperwork approved by Mexican officials, and get sign-off from U.S. customs agents (who check to make sure vehicles leaving the United States are not stolen).

Forwarding agencies are viewed as necessary middlemen who help transmigrantes navigate government bureaucracy. When Orlando and Reyna first started doing their trips, these agencies’ fees were negligible. But starting around 2011, the prices charged by every agency in town began climbing; by 2022, it wasn’t uncommon for a transmigrante to pay almost $500 per vehicle in various fees.

According to a federal indictment unsealed by a U.S. District Court judge in December 2022, there were nefarious reasons behind the price hikes. A group of alleged extortionists, some of whom are U.S. citizens with family ties to the Matamoros-based Gulf Cartel, are accused of coercing Los Indios’ forwarding agencies into a price-fixing scheme. When some industry personnel refused to go along with the conspiracy, things turned violent.

On March 9, 2019, a woman who handled transmigrante paperwork and had refused to pay bribes or engage in price-fixing had driven just beyond the Free Trade International Bridge and was inside Mexican territory when gunshots crackled around her. The woman, whose identity has been concealed in the federal indictment, was shot but survived. Another industry worker she was with, Rocio Alderete, died at the scene.

Eight months later, more bullets: On November 5, 2019, three forwarding agency employees from another company that had refused to go along with extortion demands found themselves in the gunsights of assassins. This time, all three employees who had traveled to the Mexican side of the border died from gunshot wounds.

The killings laid bare a dark side of the transmigrante industry. Everyone, including Orlando and Reyna, heard about them. As the U.S. Department of Justice would reveal in its indictment charging a dozen individuals for 11 crimes, including extortion and money laundering, the accused criminal ring may have siphoned $27 million worth of fees and bribes from transmigrantes since 2011. According to one person 5280 spoke with in Los Indios who asked not to be named because the court cases are still pending, that figure is conservative.

“We do everything we can to reduce border violence,” says HSI acting deputy special agent in charge Mark Lippa, “and we understand that there’s a legitimate means for [transmigrantes] to operate in our border area.” For the transmigrante community at large, the indictment signaled that not only were American authorities approving the trade publicly, but they were also finally coming in to protect it.

Orlando cannot say the same for himself—in this country or in Guatemala. It is a truth he will likely never get over. On a recent day in early February, Orlando met up with Jorge Reyna at an auto junkyard near Watkins, the two veteran transmigrantes sporting oil-stained sweatshirts to protect themselves against the Eastern Plains’ subfreezing chill.

In a hushed tone, Orlando mentioned that, just the week before, the last active case against his kidnappers had been dropped by a Guatemalan judge. He knew he should have expected this; history was simply repeating itself.

In fall 2017, Orlando had gone to Guatemala to testify in Carlos’ trial. At considerable risk, the then 62-year-old had arranged an in-and-out operation so that he could show up at the courthouse just long enough to take the stand. Less than two weeks later, though, the judge dismissed the case. Prosecutors blamed Sylvia, a key witness, for not testifying in person—she’d been too afraid to go to Guatemala. But rumors also circulated about payoffs to court personnel and threats that influenced other witnesses’ testimonies.

Elvis says that moment, along with HSI’s later decision to drop the case, triggered something of a collapse for the León family. After everything they’d endured, it seemed like everyone had abandoned them. Without a direction or tidy ending, Elvis’ documentary project floundered. “Everyone was always like, This is amazing. It has Netflix written all over it,” says Elvis, who has since moved to LA. But no one would actually write a check.

Arguments between his parents spiraled. “I’m not remaining silent, because everyone else remains silent,” Orlando would often tell Sylvia as he continued to press Guatemalan police to make arrests. “That’s what has allowed gangs to take over. I have to try to help others so that the same thing that happened to me can’t happen to them.”

“That fight is so big for just one man,” Sylvia would respond.

Not everyone would say Orlando’s crusade is irrational. According to Jeff Brand, a Boston-based psychologist who wrote his doctoral dissertation on trauma in Guatemala, some people simply cannot “get over” their trauma—nor should they be expected to—especially if they come from a culture fraught with violence. While not remarking on Orlando’s particular case, the psychologist says, “The idea of alleviating trauma symptoms and ‘putting it behind me’ may mean nothing when I know that, at any moment, it could happen to me again, or to the people I love, or to the community I call home.”

But home remains elusive for Orlando. While he’d like to retire in Guatemala someday, it’s still too dangerous for him there. So, he stays in Colorado, where the peril still feels very real—his ex-employer still lives in the Centennial State, and whispers suggest that he’s been asking around for Orlando’s new cell number—albeit maybe less brazen.

As Orlando and Reyna neared the heart of the junkyard, mangy dogs danced around their feet in a sludgy mixture of mud and snow. After sidestepping a piece of plywood, the two men emerged into a clearing filled with nearly a dozen used Toyota trucks with Colorado and Wyoming plates. Orlando smiled wistfully. Soon, these vehicles would be filled with used items and a group of transmigrantes would take them down through Los Indios—more American waste finding a second chance in Guatemala.

Orlando still hopes for another chance, too. “They may be abandoning them,” Orlando says of the cases against two of Carlos’ alleged co-conspirators in Guatemala. “But, in my mind, I know that someone is going to help me find justice one day.”


*Name has been changed due to safety concerns

This article was originally published in 5280 May 2023.
Chris Walker
Chris writes for various sections of 5280 as well as 5280.com.

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The site’s founder and C.E.O. valued fun and experimentation on the Internet, but never found a way to make “free journalism purpose-built for social media” profitable.
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Thursday, 4 May 2023

TYRANTS AND TOONS OP-ED: The Cartoonist and the Tyrant — the Masha Moskalev story

The Cartoonist and the Tyrant — the Masha Moskalev story  Anti-war cartoon by 12-year-old Masha Moskalev, April 2022. (Image: Supplied)
By John Curtis for DAILY MAVERICK
02 May 2023
A year ago, a 12-year-old Russian schoolgirl drew a cartoon which would bring the wrath of the regime down upon her and her family. It’s also a story about the power of a political cartoon.
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BeyondWords

The Cartoonist carefully colours the dark green hill of Ukraine as she imagines it to be standing to the west, beside the snow-white hill on the eastern Russian side. 

She diligently places each nation’s flag on its respective hilltop to set the scene: to the left, a blue and yellow flag upon which she writes the words ‘Glory to Ukraine!’ flying proudly from its post, taught with the wind at its back, as if this were a sign of its own resilience.

In contrast, on the white hill to the right, the Russian tricolour lies flat and crumpled — dishevelled, shameful — with the words ‘No to War!’ inscribed on its disgraced white, blue and red bands.

 The Cartoonist draws a deep breath and surveys the landscape that she has created: It is as she had imagined; the perfect setting for what she is about to draw next.

Meanwhile, from the Kremlin, 320kms away, the Tyrant orders a clampdown on the last of the dissenters and anti-war protesters. Over the past two months, tens of thousands had been apprehended, beaten and arrested, and thousands of them incarcerated, his iron fist slowly grinding their campaign to a halt.   

Carefully, using her pencil, the Cartoonist outlines two women — a mother and daughter, someone perhaps the same age as herself. They are shown standing firm on the Ukrainian hilltop alongside the flag, their feet just behind its horizon to provide depth and perspective.

Like the flag, they stand proud and resilient. The mother wears a yellow top and blue jeans, matching the colours of the standard. The child is dressed in the green and grey colours of the landscape. Their expressions are resolute and they are holding hands in solidarity. This could be any mother and child, muses the Cartoonist, who had not lived with her own mother since she was three.

Possibly emboldened by that thought, she draws the mother’s left arm extended defiantly towards an advancing threat, her palm open as if to call it to a halt. The threat is depicted in the form of two missiles, rocketing towards them from the Russian side; a violent intrusion breaking the tranquillity of this otherwise peaceful, whimsical image.

The Cartoonist surveys her work, and she is pleased. 

In the distance, she draws the Carpathian mountains rising to their two highest peaks, Hoverla and Brebeneskul, in a bold pencilled outline. Over the millennia these mountains have witnessed the ancient, rich, often troubled history of the two great nations unfold. A history which at times saw them as one.

Masha had learned at Number Nine School the importance of history, and how lessons from the past can help us in the future. She was taught with patriotic fervour of all the times her great nation had been invaded… by Batu Khan’s Mongols in the 13th century, France under Napoleon in the 19th century, and just over eighty years ago Hitler’s Germany tried its luck. Now, it was Russia who was the invader. How, in the 21st century, could this invasion be acceptable? Masha, and her father, knew it was not.

The Tyrant’s televised speech and the subsequent bombardment of revisionist history and propaganda on tv and in the classroom did not convince Masha that this invasion was any more righteous than those that had visited her own country. She was surprised at how her friends, their parents and even her teachers had adopted the party line — that this wasn’t an invasion or an act of war… and even if it were, it was justified!

To uphold this conviction they initiated this project to draw pictures celebrating the great Russian army and its Special Military Operation. Masha thought that she would use the opportunity to show how it might feel from the other side. Maybe her drawing could change hearts and minds?

Masha might not have realised it, but that critical thinking is what qualifies her drawing to be regarded as an editorial cartoon. It’s not just agitprop as commissioned by her teacher, it’s a socio-political thought piece in graphic form, employing critical thinking and, like any good editorial cartoon, it fearlessly speaks truth to power, following a tradition of “punching up” to the mighty in defence of the oppressed.  

The Cartoonist changed her pencil for a yellow one to depict the springtime sun shining down, just as it did outside the windows of her classroom that spring day: one year ago this month, and one month after her 12th birthday, and just two months after Russia launched a full-scale invasion of its neighbour. On that late April day, everything was to change for Masha and her family.

The Tyrant, having declared victory in the city of Mariupol, ordered that his high-precision missiles be directed at multiple new targets in Ukraine, raining terror on its citizens.

Twelve-year-old Masha Moskalev handed in her work. She probably expected that it would cause a stir amongst her fifth-grade classmates, who were engaged in drawing their own images which dutifully followed the patriotic line. But she was totally unprepared for the trouble that her work would unleash… a sudden turn of events that would sweep her up in the very same conflict that her drawing had depicted; almost as if it were a self-fulfilling prophecy. 

Nina Vorobieva, Masha’s art teacher took one look at her work and — shocked by its seditious content — hurried it to the school’s principal Larisa Trofimova who, in turn, reported it to the police. Terrified Masha fled from her school to her home, where she told her father, single parent Alexei Moskalev, what had happened. 

He reassured her that it couldn’t be that serious, and promised to go with her to school the next day where he would reason the matter with the teachers. But when he got there, the police were summoned. They arrived with social workers and the Moskalevs were admonished in front of the other students. 

Meanwhile, witness statements were taken from the teachers. The two felt as if they were being treated as terrorists, Alexei would later recall. They were apprehended, put in a police car, and escorted to the head of police for the Efremov district.    

The police interrogated Masha’s father and determined he was an irresponsible parent for filling her mind with subversive ideas regarding Russia’s special military operation into Ukraine. They looked at his social media posts and found comments and cartoons (including this one) criticising Putin and his war. Alexei was charged and after a subsequent court hearing fined RUB 32,000 ($415 at the time) for “discrediting the Russian army” on the Odnoklassniki social network.

While Masha was afraid to return to school, her father assured her that it was surely all over now, and that things would soon get back to normal. He was wrong. At school, Masha was detained by the FSB (formerly KGB) and her father was summoned for another interrogation. To avoid further trouble, the agents invited Masha to “join a youth group in support of the Russian army”. But father and daughter declined the offer, and their harassment persisted over the following months.

The Tyrant was growing impatient. Eight months into a campaign he thought would take a few days, he announced “a partial mobilisation of Russia’s military reserves”, a military service call up which reignited protests against the war in his own country. Again, the uprising was suppressed by force, with the firing of live ammunition. 

Meanwhile, media coverage of Russia’s response to Masha’s cartoon had caused further distress to the regime and its leader. 

On December 30th 2022, masked men invaded the Moskalev’s home, violently upturning furniture and emptying their closets, searching for evidence of their complicity with the enemy. They seized their cell phones and about $5,000 in cash, and again apprehended father and daughter. 

Masha was taken to one of Russia’s “social institutions” for minors. Alexei was interrogated and asked where he got the money from and who he worked for, and he was beaten and tortured to the point that they were afraid he might die, and so they called an ambulance. 

After their release, the two fled to another town for their safety. 

However, a case of further “discrediting” the Russian army was laid against Alexei and last month they were visited again by men in balaclavas (one of whom was in a police uniform), and he was arrested without a warrant, and sentenced to house arrest. Masha was taken to a social rehabilitation shelter for minors, and has not seen her father since. 

Anticipating his imminent incarceration, Alexei fled Russia but was arrested in Minsk, Belarus, apparently after switching on his mobile phone. He had been given a two-year jail sentence in abstentia, and is currently serving that time in a Russian prison.     

A few weeks ago, Russia’s ‘Commissioner for Children’s Rights in the Office of the President of the Russian Federation’, Maria Lvova-Belova (who, with Putin, has recently been charged by the International Criminal Court for the war crime of wholesale abduction and deportation of Ukrainian children), announced that Masha would be released so that she could stay with her mother, Olga Sitchikhina from whom she had been estranged for over 10 years.

That someone so high up in the Tyrant’s office had taken such a personal interest in this case — amongst so many thousands of Russians accused of dissent — is evidence enough that the Tyrant himself had taken an interest in a 12-year-old girl’s etchings, and (on the same assumptions made by the ICC) is complicit in her abuse, harassment and maltreatment, and her father’s arrest, torture and imprisonment — all because of a cartoon. 

As harrowing as this is, this speaks to the power of a well-crafted editorial cartoon, and shows how it very often reaches its target. It speaks of the need for us to urgently protect the rights of editorial cartoonists worldwide, and ensure that they are free to express themselves through their work, particularly when they find themselves up against the world’s most powerful people. 

On the first anniversary since the Cartoonist put pencil to paper to create that potent political cartoon, perhaps the Tyrant should pause to consider how his actions, and those of his subordinates, have served to broadcast what otherwise may have unfairly been disregarded as a child’s naïve scribble. Instead, as its global coverage more than a year later will attest, they have given it all the attention it deserves. DM/MC

Ann Telnaes

Anti-war cartoon depicting 12-year old Masha Moskalev, 28 March 2023. (Illustration: Ann Telnaes)

John Curtis is a veteran South African cartoonist and one of the founders of Maverick Citizen’s cartoonist collective, Ubuntoons. This article was first published by Cartoonists Rights, a non-profit organisation established to defend cartoonists against threats of criminalisation, intimidation, incarceration and worse. Executive Director, Terry Anderson, says that in spite of its simplistic style – or perhaps enhanced by it, this cartoon, fearlessly created by a 12-year-old Russian girl under a tyrannical regime will be appreciated by free thinkers worldwide as the brave, powerful and important work that it is. He has called on all champions of free expression to denounce the suppression and abuse of cartoonists worldwide, and Putin’s treatment of Masha and Alexei in particular.

BuzzFeed, Gawker, and the Casualties of the Traffic Wars

Ben Smith’s new book shows how the race for clicks spawned—then strangled—the new media.
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Wednesday, 3 May 2023

The Limits of Joe Biden’s Calls for Press Freedom

After decades of exposing corruption in Guatemala, the journalist José Rubén Zamora has been jailed. Why can’t the U.S. help him?
http://dlvr.it/SnRvTy

Monday, 1 May 2023

The Renewed Importance of the Texas Gay Rodeo

As conservative politicians try to control expressions of gender and sexuality, a rural haven from hostility offers competition and comfort.
http://dlvr.it/SnLKPS

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