“U.S. Seeks Arrest of Mexican Kingpin Who Was Freed in American’s Murder”

August 15, 2013

The New York Times on August 14, 2013 released the following:

“By PETER BAKER and RANDAL C. ARCHIBOLD

WASHINGTON — The United States has formally asked Mexico to re-arrest a drug kingpin who was released from prison in the middle of the night last week despite his conviction for masterminding the murder of an American drug agent nearly 30 years ago, officials from both governments said Wednesday.

The Justice Department sent Mexico a provisional arrest warrant for the drug lord, Rafael Caro Quintero, as a prelude to an extradition request. The officials, who asked not to be identified discussing the confidential collaboration, said Mexico’s attorney general privately encouraged the United States to send the request, a sign that the government there would act on it.

The case has stirred strong feelings among American law enforcement officials and become a fresh test of the relationship between the two neighboring countries at a time when they are trying to broaden it beyond the issues of crime, drugs and immigration. Vice President Joseph R. Biden Jr. plans to visit Mexico next month to talk about ways to expand economic ties, and both governments appear eager to avoid any enduring damage over the release of Mr. Caro Quintero.

Brian Fallon, a Justice Department spokesman, said that he could not comment on any arrest request but that Attorney General Eric H. Holder Jr. had personally involved himself in discussions. “The attorney general is in contact with top Mexican authorities to convey concerns about the release and figure out steps forward,” Mr. Fallon said.

The American authorities are also searching for other ways to go after Mr. Caro Quintero, who was convicted in the murder of Enrique Camarena, a Drug Enforcement Administration agent known as Kiki, who was abducted, tortured and killed in 1985. The Treasury Department is examining whether it can squeeze Mr. Caro Quintero financially while the Justice Department prepares an Interpol arrest request.

Mexico’s attorney general, Jesús Murillo Karam, has expressed concern about the decision by a Mexican court to release Mr. Caro Quintero, who had served 28 years of a 40-year sentence, and said he would appeal the ruling to the country’s Supreme Court. He told United States authorities on Monday that they should file their arrest request, and lawyers worked overnight to draft it, according to an American official. A Mexican official said that Mr. Murillo Karam encouraged the American arrest request in case he was unsuccessful in reversing the ruling in a Mexican court.

Whether Mexican authorities can find Mr. Caro Quintero again remains an open question. When he was released from prison in Jalisco State at 2 a.m. Friday, security agents monitoring the facility decided to follow him, but they lost him, the Mexican official said. The official said security agents now have an idea about his whereabouts and are looking into that.

American and Mexican officials have said they were caught off guard by the court’s ruling, with legal experts saying that Mr. Caro Quintero’s lawyers outflanked prosecutors with a technical, but often successful, argument that the case was improperly prosecuted in federal court rather than state court.

Mexico’s foreign minister, José Antonio Meade, reiterated Mexico’s disagreement with the decision and said it would work to ensure “it is corrected,” but he sidestepped questions about whether the United States had filed an extradition request. Foreign Ministry officials declined to comment.

Mexican legal experts said Mr. Caro Quintero could not be extradited for Mr. Camarena’s killing because of a double jeopardy provision in the extradition treaty that bars turning anyone over on a charge that has been heard in trial. American lawyers could argue that the judge’s ruling effectively meant that he never was legitimately tried and that double jeopardy does not apply.

The United States could also seek his extradition on other crimes he is suspected of committing. The government has long maintained that Mr. Caro Quintero continued his ties to an extensive drug and money-laundering network even from prison, and in June the Treasury Department leveled sanctions against 18 people, including six members of his family, and 15 businesses or other entities tied to him.

If the United States found a crime for which Mr. Caro Quintero had not been prosecuted, it would have to fall within the statute of limitations in Mexico, and the United States would have to assure that he would not face the death penalty, a condition that Mexico has insisted on in the past because it does not have capital punishment, said José Antonio Caballero, a law professor at the university known as CIDE who has reviewed the Caro Quintero case.

Mr. Caro Quintero was indicted by a federal grand jury in Los Angeles in January 1988, accused of masterminding the killing of Mr. Camarena to protect his drug-trafficking organization, which was smuggling marijuana and cocaine into the United States.

In January 1989, Mr. Caro Quintero and another man were convicted in Mexico of killing Mr. Camarena and two other Americans, John Walker and Alberto Radelat, who were living in Mexico and whom his henchmen had mistaken for D.E.A. agents.

At the time, Mexico rarely extradited its citizens to face trial abroad, but under President Felipe Calderón, who forged close ties with the United States on fighting drug crime, extraditions of major cartel figures soared. During President Enrique Peña Nieto’s eight months in office, the pace has slowed considerably; the Justice Department has not released a tally.

American officials are worried that the second man convicted in the Camarena case, Ernesto Fonseca Carrillo, may also be freed under the legal tactic. If the federal court did not have jurisdiction in the killing, then Mr. Fonseca Carrillo’s conviction might also be moot.

Although Mr. Caro Quintero also faced state charges, the court decided he had already served time in prison commensurate with whatever sentence he might receive.”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

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We previously discussed the extradition treaty between the United States and Mexico here.

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To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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Guatemala to possibly extradite alleged Sinaloa cartel member to the United States (U.S.)

June 13, 2012

Fox News Latino on June 13, 2012 released the following:

“Guatemala to extradite Sinaloa cartel member to U.S.

A Guatemalan court has given the United States 40 working days to present evidence against Walter Alirio Montejo, a Guatemalan suspected of belonging to Mexico’s Sinaloa cartel and the subject of a U.S. extradition request, judicial officials said.

Montejo was arrested Sunday in Huehuetenango, a province on the border with Mexico.

The suspect appeared before a criminal court in Guatemala City on Tuesday and refused to make a statement.

The court has given a U.S. federal court in the District of Columbia time to present evidence to back the extradition request.

The 38-year-old Montejo allegedly belongs to the Sinaloa cartel, Mexico’s oldest and most powerful drug trafficking organization, and is wanted on drug charges in the United States.

An arrest warrant was issued for Montejo by U.S. authorities in 2010, judicial officials said.

Montejo allegedly received drugs in Guatemala from South America that were bound for the United States.

The suspect belonged to the Los Lorenzana gang, which smuggled drugs into Mexico from Huehuetenango, judicial officials said, adding that the narcotics were later smuggled into the United States.

Montejo, according to Guatemalan authorities, was the target of a hit in November 2008 that sparked a shootout between Mexican and Guatemalan drug traffickers that left 17 people dead in a village in Huehuetenango.

Waldemar Lorenzana, the suspected leader of the Los Lorenzana gang, was arrested in April 2011 at the request of the United States, where he is the subject of an extradition case.

Guatemalan authorities have not yet acted on the request for the extradition of Lorenzana, who faces drug charges in the United States.

Elio Lorenzana, Waldemar’s son, was arrested in Guatemala in November 2011 and his extradition was authorized in February.

The Sinaloa cartel is led by Joaquin “El Chapo” (Shorty) Guzman, who was arrested in Guatemala in 1993 and pulled off a Hollywood-style jailbreak when he escaped from the Puente Grande maximum-security prison in the western Mexican state of Jalisco on Jan. 19, 2001.

The Sinaloa organization is sometimes referred to by officials as the Pacific cartel.

Guzman, considered extremely violent, is one of the most-wanted criminals in Mexico and the United States, where the Drug Enforcement Administration has offered a reward of $5 million for him. EFE”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

We previously discussed the extradition treaty between the United States and Guatemala here.

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

————————————————————–

International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call:

           Office Locations

Email:


U.S. busts an alleged global online drug market, arrests eight

April 17, 2012

Chicago Tribune on April 16, 2012 released the following:

“Dan Whitcomb | Reuters

LOS ANGELES (Reuters) – Eight men charged with running an elaborate online narcotics market that sold drugs to 3,000 people in the United States and 34 other countries have been arrested following a two-year investigation dubbed “Operation Adam Bomb,” prosecutors said on Monday.

The secret ring known as “The Farmer’s Market” operated through the TOR computer network, which allows users to communicate anonymously, according to a federal grand jury indictment unsealed on Monday in Los Angeles.

The online drug market provided order forms and customer service, guaranteeing delivery in exchange for a commission and accepting payment through PayPal, Western Union and other means, the indictment charges.

Authorities said the defendants were accused of running one of the most sophisticated drug marketplaces on the Internet and said the prosecution represented a first of its kind.

“The drug trafficking organization targeted in Operation Adam Bomb was distributing dangerous and addictive drugs to every corner of the world, and trying to hide their activities through the use of advanced anonymizing on-line technology,” Briane Grey, U.S. Drug Enforcement Administration acting special agent in charge, said in a written release.

“Today’s action should send a clear message to organizations that are using technology to conduct criminal activity that the DEA and our law enforcement partners will track them down and bring them to justice,” Grey said.

Marc Willems, 42, who is accused of creating and running “The Farmer’s Market,” was taken into custody at his home in Lelystad, Netherlands, by Dutch authorities, U.S. Attorneys spokeswoman Gymeka Williams said.

Law enforcement officials in Bogota arrested 42-year-old Michael Evron, a U.S. citizen living in Argentina who allegedly oversaw technical and customer support for the online marketplace, as he was attempting to leave Colombia, Williams said.

Jonathan Colbeck, 51; Brian Colbeck, 47; Ryan Rawls, 31; Jonathan Dugan, 27; George Matzek, 20; and Charles Bigras, 37, were arrested at their respective homes in Iowa, Michigan, Georgia, New York, New Jersey and Florida.

All eight defendants were charged with federal drug trafficking and money laundering charges and prosecutors had filed extradition papers to return Willems and Evron back to the United States for trial, Williams said.

Each faces a maximum sentence of life in prison if convicted.

According to the 66-page indictment, “The Farmer’s Market” allowed independent sources to advertise illegal drugs – including LSD, ecstasy, fentanyl, mescaline ketamine, DMT and high-end marijuana – for sale to the public.

The deals were allegedly handled through the online marketplace, which processed more than 5,200 orders for controlled substances valued at more than $1 million between January 2007 and October 2009, the indictment charges.

The law enforcement operation was called “Adam Bomb” because the original name of the marketplace was Adamflowers, according to the indictment.

According to its website, TOR offers free software and an open network that allows users to defend against “network surveillance that threatens personal freedom and privacy.””

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.