A controversy has emerged in Denmark surrounding secret audio recordings held by the National Unit for Special Crime (NSK), the elite police unit responsible for investigating serious crimes. These recordings, whose existence was initially concealed, may contain crucial information about the police’s collaboration with a civilian informant, Juliett Kappello, and could potentially jeopardize Operation Greed, one of the largest police investigations in Danish history.
The core of the issue revolves around concerns that Kappello, known for her involvement in a TV series about petty swindlers, may have acted as an agent provocateur, actively contributing to the crimes for which 16 defendants were sentenced to a total of 61 years in prison in 2022 for money laundering and tax evasion. Defense lawyers argue that if Kappello, with the NSK’s knowledge, facilitated the crimes, the evidence against their clients could be deemed inadmissible.
The controversy initially surfaced in 2019 when lawyers received three audio files related to a meeting between Kappello and the mastermind of Operation Greed. The numbering of the files raised suspicions that additional recordings existed. After initially providing vague answers, the State Prosecutor for Special Crime eventually admitted to the High Court that more audio files existed but attempted to withhold this information from the defense.
The Eastern High Court has since ruled that the defense lawyers must be informed about the existence of the additional audio files, raising questions about whether they will be granted access to them. Nicolaj Sivan Holst, a law professor at Aarhus University, notes that the prosecution’s reasons for withholding the audio files are unclear, but suggests possible justifications such as protecting investigative methods or the safety of individuals.
The legal implications of the situation are significant. If Kappello’s actions, carried out in collaboration with the police, exceeded the permissible limits for civilian agents, it could lead to the exclusion of evidence or retrials. According to criminal law professor Jørn Vestergaard, civilians can assist the police in investigations, but they must not violate the prohibition of provocation by instigating crimes that would not otherwise have occurred.
Specifically, the case raises concerns about Kappello’s role in assisting one of the defendants in setting up business accounts used for tax crime. Experts suggest that such actions, if done in agreement with the police, would exceed the allowable assistance from civilian agents. Lawyers for the defendants argue that if a crime was instigated by a civilian informant, the evidence obtained should be excluded from the case.
The potential consequences of this controversy are far-reaching. If the police’s actions are deemed illegal, it could lead to the collapse of Operation Greed, which involved 5,664 false invoices and fines of DKK 875 million. While illegal agent activity does not necessarily exempt the main defendants from criminal liability, courts may reduce sentences or even dismiss charges if the prohibition of provocation has been violated. Neither the NSK nor the State Prosecutor for Special Crime has commented on the case.