Lucio R with C.E. Martinez for Borderland Beat
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Part 2 of 2 : The case of the United States against Alfredo "El Mochomo" Beltran Leyva
Evidence of violence and use of weapons
Such evidence includes testimony from a Government witness who was in charge of the Alfredo’s personal security in Culiacan, Sinaloa, to ensure that Alfredo was not arrested or killed. The Government anticipates that this witness will testify to his/her first-hand knowledge of Alfredo regularly carrying a pistol for his protection from arrest or a rival cartel.
Also, this witness observed Alfredo, attending meetings with Joaquin “Chapo” Guzman Loera in the mountains of Sinaloa, wearing a tactical vest containing grenades. Additionally, this witness is aware that, Alfredo had two support groups of armed men in Culiacan, with each group consisting of approximately 100 men who carried various types of high powered weapons, including AK-47s, AR-15s, bazookas and 50-caliber weapons. cartels. This witness is also aware that Alfredo traveled with a convoy of at least ten cars filled with gunmen for his security.
The Government also anticipates testimony from cooperating witnesses, that will testify to the violence between the rival cartels. In particular, two members of the BLO who were the chiefs of “sicarios” (or hitmen), “El Rayito” and “Wacho,” were in charge of kidnapping, interrogating and torturing enemies of Alfredo.
The boss of Los Numeros was subsequently tied up and beaten to death with a bat while Alfredo was present. After the boss of Los Numeros was killed, Alfredo gained control of the “ Los Numeros” infrastructure, workers and drug “crossings”.
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| Presiding judge Richard J Leon |
These enemies, were individuals from Tamaulipas or Nuevo Leon who were believed to be associated with the Zetas Cartel, or individuals from Chihuahua or Navolato who were believed to be associated with Vicente Carillo Fuentes’s Juarez Cartel
A cooperating witness will testify that he/she was present for meetings held by Alfredo each morning, in which “El Rayito” and “Wacho” would report to Alfredo, who were kidnapped, interrogated, and tortured the night before. The witness will testify that Alfredo would further instruct the two chiefs, as to whom of those taken by sicarios, to make “disappear”.
A government witness will present testimony, regarding “Los Numeros” group who controlled drug trafficking in Sonora. This witness is expected to testify that Alfredo’s brother, Arturo, instructed Alfredo, to bring the boss of “Los Numeros” to a meeting with Joaquin “Chapo” Guzman Loera, Ismael “El Mayo” Zambada Garcia, and Alfredo.
The boss of Los Numeros was subsequently tied up and beaten to death with a bat while Alfredo was present. After the boss of Los Numeros was killed, Alfredo gained control of the “ Los Numeros” infrastructure, workers and drug “crossings”.
Other testimony from a cooperating witness, is about the killing two couples in a car believing these individuals to be members of the rival Zetas Cartel. Three of the individuals died in the car and one woman was taken to a hospital where she was later killed by Alfredo’s sicarios.
As it turned out, the killings were a matter of mistaken identity, when the mistake was reported to Alfredo, he was unconcerned and replied “don’t worry about it”.
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| All thee brothers arrested, and brother Arturo killed in shootout |
Weapons for Drugs
Testimony from a cooperating witness will include, that Alfredo routinely sold drugs to gangs and other criminal organizations in the United States in exchange for weapons, such as M-16s, grenade launchers, 50-caliber rifles and grenades. Alfredo would accumulate these weapons for his sicarios and his brother Arturo.
Public corruption and intimidation
A cooperating witness is expected to testify, as to the cartel’s use of public corruption and violence.
Specifically, a cooperating witness is expected to testify about a General in the Mexican army who would not accept bribes from Alfredo, it is alleged that Alfredo’s initial response to the General’s refusal to accept a bribe was to kill the General. However, the Defendant ultimately ordered dogs to be killed and thrown in front of the military barracks with a “narco” message on them in order to intimidate the General. (the outcome detailed below)
The alliance that turned into a bloody war and betrayals
There is anticipated testimony from multiple Government witnesses, regarding the war that ensued after the Defendant was arrested in 2008. Namely, these witnesses would testify that the Beltran Leyva’s believed that members of the Sinaloa Cartel, (Ismael “El Mayo” Zambada Garcia and Joaquin “Chapo” Guzman Loera) had “set up” Alfredo to be arrested. This resulted in a split in the Federation that led to the deaths of hundreds of individuals. Indeed, the Government anticipates testimony from cooperating witnesses as to how Alfredo’s arrest triggered an escalating progression of retaliatory kidnappings and death by both sides of the fractured Federation.
Evidence of Government Bribes
At trial the government will introduce evidence of public corruption through bribery as direct evidence of Alfredo’s involvement in the charged conspiracy. Such evidence includes testimony from a cooperating witness regarding bribes paid by Alfredo, or on behalf of him, to all levels of police and military personnel, namely, the municipal police, state police, Governor of the State, federal highway police, the prosecutor’s office and their investigation agency in Culiacan.
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| Vicente Zambada |
This cooperating witness is further anticipated to testify that he/she had a conversation with the Alfredo about who else needed to be bribed in order to allow the cartel to operate successfully.
As previously discussed above, this cooperating witness and Alfredo discussed the Mexican Army General who was rejecting bribe.
Alfredo ordered the cooperating witness, to offer this General $3 million which was compiled from $1 million contributions from the Defendant, Joaquin “Chapo” Guzman Loera, and Ismael “El Mayo” Zambada Garcia each. This $3 million payment was offered to the General as a monthly payment, but the General turned the bribe down and threatened to arrest the next person who offered him a bribe.
As discussed above, Alfredo had initially wanted to kill the General outright, after he refused the initial bribe.
However, this cooperating witness informed Alfredo’s brother, Arturo, as to what happened with the General, and as Arturo was already bribing and individual with a higher rank in the army than the General, there were no further discussions or issues with this General.
Bribes paid to all levels of government and judicial systems, allowed the Cartel to operate with impunity.
Evidence will be presented that an individual at the Bogota airport was bribed to allow money couriers to transport currency into Colombia to facilitate Alfredo and BLO, for the investment of cocaine shipments. . Co-conspirators were also seen driving around in police patrol cars; the Alfredo’s brother, Arturo, was escorted by police on a regular basis; and the drugs were escorted by local police as they were being trafficked through Mexico.
The police also turned over enemies of the cartel on a regular basis to BLO. This practice is one used by all cartels. Municipal police departments in drug “plazas” are 100% corrupt. Former president Calderon, made such a statement a few months before his presidential office ended. Municipal police routinely “arrest” enemies of the cartel in control of the plaza, and deliver them to the cartel, for “handling”.\Additionally, the Government also anticipates testimony from a cooperating witness as to bribes BlO and Alfredo, paid to a high-ranking member of the military to allow the cultivation, harvest and sale of five to six tons of marijuana during each harvest.
Finally, the Government anticipates a cooperating witness will testify at trial regarding bribes given to prison officials to allow the Defendant to receive drug proceeds while he was incarcerated in Mexico and to allow phones and other contraband to be smuggled into the prison where he was housed.
Heroin and Marijuana
Previously stated, Alfredo was indicted for conspiracy to distribute five kilograms or more of cocaine, fifty grams or more of methamphetamine, one kilograms or more of heroin and one thousand kilograms or more of marijuana for importation into the United States. When the Mexican Government approved the Defendant’s extradition to the United States on this Indictment, they denied extradition of the Defendant on the charges of conspiracy to distribute one kilogram or more of heroin and 1000 kilograms or more of marijuana.
Despite this finding, the Government seeks to introduce evidence at trial of Alfredo’s marijuana and heroin trafficking as being inseparably entwined with the workings of BLO.
A cooperating witness will testify at trial that Alfredo met with Joaquin “Chapo” Guzman Loera almost weekly for a period of time in the mountains to discuss marijuana and heroin trafficking.
Alfredo told a cooperating witness that these meetings included conversations about the transporting of marijuana by land and a using planes to transport “chronic” (high quality marijuana) from Durango (approximately 700 pounds per day).
Further, the Defendant used code words for marijuana and heroin – specifically, heroin was “chiva” and marijuana was “nacional.” There is anticipated testimony regarding the relationship between Alfredo and Joaquin “Chapo” Guzman Loera and Ismael “El Mayo” Zambada Garcia, and how in addition to trafficking large quantities of cocaine, they worked together in the heroin and marijuana business.
Money Laundering
The Government intends to introduce other evidence of the drug trafficking conspiracy related to the direct and intrinsic money laundering activities of BLO. Such evidence includes testimony regarding the daily meetings that Alfredo conducted and his checking in with border plaza bosses at that time.
The Government anticipates a cooperating witness will testify at trial that Alfredo and BLO would send United States currency to Colombia in bulk on container ships, in vehicles, and individuals would smuggle cash onto flights from Mexico to Bogota.
BLO planes would leave with loads of cocaine and return flights would be containing drug proceeds in United States currency. The United States currency was stored at two different stash houses.
The Colombians would pay BLO a 10% fee to launder the drug proceeds. Then storefronts in Bogota were used to further launder these funds. The Government also anticipates a cooperating witness will testify at trial that when the United States currency was in Mexico, the smaller bills were changed out for larger bills to facilitate the transportation of this currency south.
Additionally, the Government intends to introduce drug ledgers into evidence at trial. However, since filing motion to present the ledgers, the government has run into a problem. The court has ruled that the ledgers cannot be entered into evidence without the testimony of the authors of the ledgers. There are two individuals, Mexican nationals, who kept the books, or ledgers. One is dead and the other has yet to be located.
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| Serafin Zamabada |
Cooperating Witnesses
Prosecutors state that much of the proposed evidence will be introduced at trial through “cooperating witnesses” who were co-conspirators with the defendant. The Government anticipates that, both on direct examination and cross examination, testimony will be elicited from these cooperating witnesses as to “bad acts” committed by the cooperating witnesses themselves as well as other members of this conspiracy.
On May 4, 2015, there was a status conference. From the transcript which was unsealed in the fall it is learned that Alfredo’s lead attorney A. Eduardo E. Balarezo had originally pushed for a “speedy trial”.
The presiding judge, Richard J Leon, seemed to have lost patience with both Balarezo and Andrea Goldbarg, one of the attorney’s representing the U.S. government. Two other U.S. attorneys attended the hearing; Amanda Liskamm, and Adrian Rosales, but it was Goldbarg that spoke for the prosecution.
Goldbarg addressed the court and said, that since the last status conference, the government and counsel for the defendant Alfredo Beltran Leyva, had been involved in “negotiations” to determine if there was a method to resolve the case without the need for a trial.
Attorney Goldbarg would not give specifics but did inform Judge Leon, that after discussions with defense attorneys they felt that portions of the hearing be kept under seal. It ended with the entire transcript being under seal for four months.
Goldbarg asked the court for a two week delay for talks. Judge Leon was not happy abut the request.
Judge Leon reminded defense and prosecuting attorneys, that “the pretrial conference is set, the trial set”. Goldbarg reiterated the need for two weeks for discussions, promising they would know within that time if negotiations had been successful.
Judge Leon, turned to Balarezo and asked “ Did they give you the names of the witnesses that prepared the (accounting) ledgers? ”
“No, your honor”
Turning to Goldbarg judge Leon reprimanded her, “You were to give the names to the defense. The time of hiding the ball is over.” You are ordered to give the defense the names today.
“Yes, Your Honor.”
“You said one is dead?” Asked the judge.
“Yes, your honor…”
“When did he die?”
“it is a simple question. Month and year”
“I don’t know, I think 2007 or 2008”
“When were you informed?”
“In 2008. If I could explain. The other witness is the;person who ordered the preparation of the ledgers, was a person who was the source of the cocaine for the defendant.”
"Where is he, asked the court?"
“Outside the U.S.” was the answer. It was at this point the court was told that Goldbarg had never even spoken to the witness.
She said “well if we do go to trial, we could still present the ledgers….” She was cut off by the judge who scolded her saying, “perhaps you were not listening, I said the ledgers would not come into evidence without the witnesses testimony who prepared them.”
“I was under the very clear impression you were proceeding to trial. I have blocked three months of my schedule. Three months.”
“I understand, Your Honor.” Said Goldbarg
“Do you understand the magnitude of that on a federal judge's calendar?”
“Absolutely. Yes, Your Honor”
“So I was under the absolute impression you were going to trial.”
“And, by the way, if you're negotiating a plea, don't come up with some C plea, because the Court doesn't like C pleas.”
“That wasn't our intention,” answered Goldbarg.
“Your Honor, I think that, again, there has been good-faith decisions on both sides. And we felt that in the interest of judicial economy and the interest of all parties, if this is going to happen, we want a resolution to this now, not only for our sakes, as well as the things that the government has to do, but, more importantly, also for the court scheduling.”
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| Mr Balarezo attorney for Alfredo |
The court: “It was Balarezo who had been clamoring to have a trial immediately; that all of a sudden changed direction and said, well, we want to discuss a possible plea."
"The government would clearly love to have a guaranteed victory. And that's the way it always works with the government. And that's why they get 98 percent pleas.”
He went on to ask if there was handwriting analysis or other evidence to confirm who wrote the ledgers. Goldbarg said no.
“So Mr. Balarezo, of course, has got to do his own evaluation of whether or not those kind of weaknesses in the government's case are such that it would change the dynamic in terms of any plea negotiations.” Said the court. OK two weeks”.
The court: “Mr. Balarezo, the court has bent over backwards to rush the trial per your request. And the government represented to this Court on the record it needed 90 days to 120 days to ensure the safety of the cooperators' families in Mexico.
The Court held off setting this trial until the fall to give them the 90 to 120 days they needed to put in place -- the security that they needed to put in place for the families in Mexico of the cooperators in this case. Okay. So the Court did that; otherwise, the trial would have been sooner, it would have been sooner.
But I gave the government that extra time. Not to prepare its trial, to secure the families of those cooperators. Not to help them prepare themselves. Now, of course, you will have the benefit of it, too, in the sense that you can better prepare for that, for the trial, too.”
“So you have it, September, October and November. It is blocked. And does your client waive his right to a speedy trial?”
“Yes your honor”
“The Court will find in the interest of justice, the Speedy Trial Act will be waived between now and the 18th so that the parties can continue their discussions about possible resolution in the case.”
After this hearing the next status hearings were not made public. Whatever happened the plea discussions were not successful and Alfredo Beltran Leyva wanted a jury trial.
The 3 month trial is scheduled for February 16th. It is doubtful that will change, unless there is a last minute plea.
It will be very interesting to know who the cooperative witnesses are. If it is Jesus El Rey Zambada, that defies logic. He himself has committed the same crimes as Alfredo. And his level of corruption ran deep. According to the testimony of cooperative witnesses of the PGR, the corruption extended to the U.S. Embassy where an employ would access “sealed documents” for Jesus, and information. IF, all of the Sinaloa cartel’s imprisoned members have cut deals to give testimony against Alfredo, it seems like a lopsided deal, with the government giving up too much, sans parity.