Boat Thefts Show Increase in Trafficking

Boats are disappearing at an ever-increasing rate, especially in Florida. The state leads the nation in vessel thefts. "South Florida is certainly the hot spot," said Lt. John Humphreys of the Florida Fish and Wildlife Conservation Commission.^[1] According to state figures, from the beginning of the year through the end of September, 76 boats were stolen in Broward County, a 52 percent jump over the 50 boats that went missing during the same time period last year.^[2] Though fewer boats were stolen in Palm Beach County, the increase this year was more than double, from 32 in 2006 to 65 in 2007; So far this year, more than 1,200 vessels have been stolen statewide in Florida, a figure which represents a 30 percent spike.^[3]

Boat thefts accounted for a $4.8 million loss so far this year, according to Luis Padilla, an analyst with the National Insurance Crime Bureau, a private company that investigates and coordinates information on insurance claims.^[4] Working from 2004 figures, the latest available, Padilla pegged the average value of a boat in Florida at $4,000. More than 1,200 thefts translates into nearly $5 million in stolen property.^[5]

The disturbing fact about these thefts isn’t the fact that the property damage is so high, it the purpose for which the boats are being used. The increase may be due to an increase in drug smuggling, human smuggling and human trafficking.

”Go-fast boats, 26-39 feet long, are being targeted with greater frequency than in previous years…..These boats are targeted by criminals because of their high-dollar value and for use in maritime-based smuggling activities,” said Lt John Humphreys of FWC's Investigations Section in a statement.^[6]

Most of the human trafficking originates from Cuba where smugglers prefer high-horsepower boats or fishing vessels 26 to 39 feet long.^[7]

Many Cubans have arrived in South Florida via homemade vessels but many others have been transported on stolen vessels; the Coast Guard has stopped 2,587 Cuban migrants in the Florida Straits so far this year.^[8] ''This is not a mom-and-pop operation…these are sophisticated groups trying to bring people into this country and they're paid well,'' asserted Andrew Corsini, assistant special agent for US Immigration and Customs Enforcement in Miami; “Boat theft is big business and a growing trend in Florida……Frequently, boat thefts are linked to larger issues, such as organized crime and illegal immigration.” added Capt David Bullard of FWC's Investigations Section.^[9]

Conversely, in Southern California where the border with Mexico is more heavily patrolled than in previous years, human traffickers are using older boats that they simply abandon on the beach.^[10] In the past six months, about 15 boats have been dumped along the San Diego shoreline.^[11]

“What we are seeing now is a new tactic that is being used, which is basically to get these old boats for cheap somehow, and then abandon them as quickly as possible….[that way] it's no loss to the organization,” Lauren Mack, a spokeswoman with US Immigration and Customs Enforcement (ICE) in San Diego, told the San Diego Tribune.^[12]

Federal criminal defense attorney Douglas McNabb has previously discussed the transnational crime of drug trafficking here. He has previously discussed the transnational crimes associated with smuggling, here.

---

^[1] Robert Nolin, South Florida boaters beset with rising tide of thefts, South Florida Sun-Sentinel, October 19, 2007, http://www.tcpalm.com/news/2007/oct/19/south-florida-boaters-beset-rising-tide-thefts/ (last visited November 16, 2007).
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Sail World Staff, Florida Boat Thefts Linked to Human Trafficking, Sail World.com, November 14, 2007, available at http://www.sail-world.com/index.cfm?SEID=2&Nid=39090&SRCID=0&ntid=0&tickeruid=0&tickerCID=0 (last visited November 16, 2007).
^[7] Id.
^[8] Id.
^[9] Id.
^[10] Id.
^[11] Id.
^[12] Id.

Elreda Arrested on Drug Trafficking Charges

A dozen people were arrested Tuesday on charges of narcotics trafficking, money laundering and selling counterfeit goods after a two-year counter-terrorism and drug investigation centered in Los Angeles' downtown garment district.^[1]

Ali Khalil Elreda, was the focus of the federal investigation. He was detained at Los Angeles International Airport last year, after being accused of trying to smuggle $120,000 in money orders and cashier's checks to Lebanon.^[2]

During Los Angeles investigation, law enforcement authorities allegedly seized 30 kilograms of cocaine and counterfeit clothing worth hundreds of thousands of dollars. Others arrested Tuesday included Elreda's brother, Mohamad; his sister, Susanne; Robert Bell; Dalisa Johnson; Moussa Matar; Matar's sons, Mohamad and Ali,; Juan Gonzalez; Frankie Higuera; and Crystal Hill.^[3]

In addition to the two indictments, four complaints were brought in the case. The U.S. attorney's office said Elreda's siblings are charged in one complaint with trafficking in counterfeit goods at a store called Hip Hop Connections.^[4] A second complaint accuses Elreda and seven others of conspiring to distribute cocaine.^[5] A third complaint accuses Hussein Saleh of trafficking in counterfeit goods through his store, Star City A & H in the garment district.^[6] The fourth complaint accuses Epifanio Mercado and Ricardo Nava of conspiring to traffic in cocaine. The two were arrested over the weekend.^[7]

The maximum penalty for the defendants charged with conspiring to distribute narcotics would be life without parole in federal prison, according to the U.S. attorney's office.^[8] The maximum penalty for the defendants charged with trafficking in counterfeit goods would be 10 years in prison, and conviction on the charges related to concealing cash from authorities could carry a maximum prison term of five years.^[9]

Trafficking Conspiracy is covered under 21 U.S.C. § 846 whereunder it states that any person who attempts or conspires to commit any drug offense will be punished in the same manner as if he had actually committed the offense.^[10] U.S. Attorneys are obligated to bring charges on "the most serious offense that is consistent with the nature of the defendant's conduct, and that is likely to result in a sustainable conviction.^[11] This essentially states that given the choice between seeking a conspiracy indictment for drug trafficking, federal prosecutors will choose 21 U.S.C. § 846 rather than the standard 18 U.S.C. § 371 conspiracy charge, because the penalties are steeper, and it is easier to prove a drug conspiracy rather than a section 371 conspiracy.

---

^[1] Greg Krikorian, 12 arrested in counter-terrorism and drug-trafficking investigation, Los Angeles Times, November 7, 2007, available at http://www.latimes.com/news/printedition/california/la-me-drugring7nov07,1,3731393.story?coll=la-headlines-pe-california (last visited November 7, 2007).
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] Id.
^[9] Id.
^[10] 21 U.S.C. § 846 (2007).
^[11] ." US Attorney's Manual, Principles of Federal Prosecution; Selecting Charges - Charging Most Serious Offense, 9-27.300 (Aug. 2002) available here.

Garcia Extradicted to the U.S. to Face Drug Smuggling Charges

Jose Luis Tejeiro Garcia has been sent to the U.S. to face charges of cocaine smuggling.^[1] Garcia is an alleged Colombian drug trafficker who has just been extradited to the US for seizure of cocaine from a ship off the island of Aruba.^[2]

Garcia is suspected of coordinating the smuggling of more than 2 tons of cocaine seized by U.S. and Dutch authorities last year aboard the M/V Sea Atlantic.^[3] Garcia, who was arrested in Cartagena last year, was taken to Puerto Rico on Friday and jailed pending his arraignment on drug smuggling charges.^[4]

The M/V Sea Atlantic was stopped near the Dutch Caribbean island of Aruba while en route to the United States.^[5] The ship's captain who was also involved, was sentenced to 24 years in prison, while his first mate, received a 19 year sentence.^[6] Both men were Venezuelan. Seven other crew members were sentenced to 10 years in prison.^[7]

Drug importation is covered under 21 U.S.C. § 952 wherein is states that it is a crime for a person to import into the United States any controlled substance in schedule I or II, or any narcotic drug in schedules III, IV, or V;^[8]or for a person to import into the United States any non-narcotic controlled substance found in schedules III, IV, or V.^[9]

The delineation of the drug schedules can be found on our Drug Crimes page. Federal criminal defense attorney Douglas McNabb has also previously discussed the transnational crime of drug trafficking in his blog, here.

---

^[1] AP Staff, Colombia extradites accused trafficker to U.S, Associated Press Newswire, October 22, 2007, available at LEXIS, News Library, Wire News Services File.
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] 21 U.S.C. §952 (a)(2007).
^[9] Id., at §952(b).

OFAC Goes After Juan Carlos Ramirez Abadia's Asset's

On October 10, The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) added to its list of Specially Designated Narcotics Traffickers seven individuals and 14 companies tied to Colombian narcotics trafficker Juan Carlos Ramirez Abadia.^[1] Among those designated are key financial associates of Ramirez Abadia, including Diego and Tulio Alzate Jimenez, and a Colombian currency exchange and money remittance company, Cambios y Capitales S.A.^[2]

Juan Carlos Ramirez Abadia, who was identified as a Specially Designated Narcotics Trafficker by OFAC in August 2000, was arrested in Brazil on August 7, 2007.^[3]

Diego Uriel Alzate Jimenez, Luis Holmes Alzate Jimenez, and Tulio Hernando Alzate Jimenez are among the primary shareholders of Cambios y Capitales S.A., which is headquartered in Bogota.^[4] One of the brothers, Tulio Hernando Alzate Jimenez, was indicted on federal narcotics trafficking and money laundering charges in the Southern District of Florida in 1994.^[5]

The announcement marks OFAC's third action targeting the assets of Ramirez Abadia since 2006; in August 2006, OFAC designated the Colombian pharmaceutical distribution company Disdrogas Ltda. along with Ramirez Abadia's parents, who were managing the company on his behalf.^[6] In August of 2007 OFAC designated several of Ramirez Abadia's key lieutenants as well as a theme park and a paso fino horse breeding farm located near Cali, Colombia.^[7]

Being a specially designated narcotics trafficker is a designation that is defined in 31 C.F.R. § 598.314, wherein it states that the term means: Significant foreign narcotics traffickers;^[8] and Foreign persons designated by the Secretary of the Treasury, in consultation with the Attorney General, the Director of Central Intelligence, the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, the Secretary of Defense, and the Secretary of State, because they are found to be:^[9]

1. Materially assisting in, or providing financial or technological support for or to, or providing goods or services in support of, the international narcotics trafficking activities of a specially designated narcotics trafficker;^[10]
2. Owned, controlled, or directed by, or acting for or on behalf of, a specially designated narcotics trafficker; or ^[11]
3. Playing a significant role in international narcotics trafficking.[12]

Federal criminal defense attorney Douglas McNabb has previously discussed the transnational crime of drug trafficking here.

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^[1] US Treasury Dep’t, Press Release, Treasury Targets Financial Empire of Colombian Trafficker, October 10, 2007, available at http://www.ustreas.gov/press/releases/hp600.htm (last visited October 11, 2007).
^[2] Id.
^[3] Id. He was previously indicted on federal drug trafficking charges in Colorado in 1994 and the Eastern District of New York in 1995 and 2004. In 2004, Colombia's North Valle drug cartel was indicted in the District of Columbia under the federal Racketeer Influenced and Corrupt Organizations Act.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] 31 C.F.R. § 598.314(a).
^[9] Id., at §598.314(b).
^[10] Id., at §598.314(b)(1).
^[11] Id., at §598.314(b)(2).
^[12] Id., at §598.314(b)(3); Note to §598.314: Please refer to the appendices at the end of this chapter V for listings of persons determined to fall within this definition who have been designated pursuant to this part. Section 501.807 of this chapter V sets forth the procedures to be followed by persons seeking administrative reconsideration of their designation or who wish to assert that the circumstances resulting in designation no longer apply.

Yang Sentenced for Drug Trafficking

The U.S. District Court for the Northern Mariana Islands sentenced Jian Zhong Yang yesterday to five years in prison.^[1] Yang was found guilty of conspiring with others to distribute a total of 7.47 grams of methamphetamine in Saipan two years ago.^[2] Chief Judge Alex R. Munson asserted after his sentence is complete that Yang will then be delivered to an Immigration official for deportation proceedings.^[3] During the supervised release, Yang will be required to participate in a program approved by the U.S. Probation Office for substance abuse as well as 200 hours of community work service.^[4]

At the hearing, assistant U.S. attorney Eric O'Mally recommended a sentence of five years and three months; federal criminal defense attorney Timothy H. Bellas recommended 57 months in prison. ^[5]

In June 2007, Yang pleaded guilty to conspiracy to possess with intent to distribute and to distribute a controlled substance.^[6] Yang admitted that he agreed with another person to distribute a total of 7.47 grams of methamphetamine from Jan. 25 to August 2005; Drug Enforcement Administration agents arrested Yang and co-defendant Gui Lin Shi on May 23, 2007.^[7]

Yang and Shi were charged with one count of conspiracy to possess with intent to distribute and to distribute a controlled substance, and two counts of distribution and possession with intent to distribute a controlled substance.^[8]

21 U.S.C § 841 covers possession with intent to distribute, in that statute it states that except as authorized by law, it shall be unlawful for any person knowingly or intentionally 1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance;[9] or (2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.^[10]

Federal criminal defense attorney Douglas McNabb has previously discussed the transnational crime of drug trafficking here.

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^[1] Ferdie de la Torre, Man gets five years in prison for 'ice' trafficking, Saipan Tribune, October 03, 2007, available at http://www.saipantribune.com/newsstory.aspx?cat=1&newsID=72935 (last visited October 2, 2007)
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] Id.
^[9] 21 U.S.C § 841(1)(2007).
^[10] Id. at § 841(2).

DEA Arrests 124 in Nationwide Steriod Raids

In a series of daylight raids that lasted four days and ended Sunday, Drug Enforcement Administration agents shut down 26 underground steroid labs and made more than 50 arrests across the U.S., and additionally the DEA has identified 37 Chinese factories that purportedly supplied the raw materials for the labs.^[1] The DEA is calling this the largest performance-enhancing drug crackdown in U.S. history; the raids capped an 18-month probe that has netted 124 arrests in 27 states, closed 56 labs, $6.5 million, and 532 pounds of raw steroid powder.^[2]

The crackdown, titled "Raw Deal" by the DEA, grew out of a 2005 operation targeting eight Mexican labs that were allegedly responsible for 80 percent of America's underground steroid trade; it is thought that several large Chinese factories had been supplying the Mexican labs.^[3] When the Mexican labs were closed in what came to be known as "Operation Gear Grinder," those Chinese factories allegedly redirected their pipeline to the U.S. ^[4]

A federal grand jury in Rhode Island indicted the Chinese company Genescience Pharmaceutical Co. and its CEO, Lei Jin, last week on charges including money laundering and conspiracy to facilitate the sale of smuggled goods.^[5] Lei Jin, and three other men have been charged in the ring that used the Internet and email to ship the muscle enhancement drugs worldwide.^[6]Jin is accused of marketing the drugs, under the brand name Jinotropin, through e-mail and Web sites.^[7]


Smuggling goods into the United States
18 U.S.C § 545 covers the offense of smuggling goods into the U.S., in that section it states that whoever knowingly and willfully, with intent to defraud the United States, smuggles, or clandestinely introduces or attempts to smuggle or clandestinely introduce into the United States any merchandise which should have been invoiced, or makes out or passes, or attempts to pass, through the customhouse any false, forged, or fraudulent invoice, or other document or paper; or^[8]

Whoever fraudulently or knowingly imports or brings into the United States, any merchandise contrary to law, or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment, or sale of such merchandise after importation, knowing the same to have been imported or brought into the United States contrary to law— Shall be fined under this title or imprisoned not more than five years, or both. Proof of defendant’s possession of such goods, unless explained to the satisfaction of the jury, shall be deemed evidence sufficient to authorize conviction for violation of this section.^[9]

Merchandise introduced into the United States in violation of this section, or the value thereof, to be recovered from any person described in the first or second paragraph of this section, shall be forfeited to the United States.^[10].

---

^[1] Shaun Assael, Raw Deal' busts labs across U.S., many supplied by China, ESPN The Magazine Online, September 24, 2007, available at http://sports.espn.go.com/espn/news/story?id=3033532 (last visited September 24, 2007).
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] W. Zachary Malinowski, Chinese steroid kingpin indicted in Providence, Providence Journal, September 24, 2007, available at http://www.projo.com/news/content/projo_09242007_roids.106ac79b7.html (last visited September 24, 2007).
^[7] Id.
^[8] 18 U.S.C § 545 (2007).
^[9] Id.
^[10] Id.

Zhenli Ye Gon Will be Held for Three More Months

A federal judge has agreed to hold a Chinese-Mexican businessman in jail for three more months while prosecutors assemble their case charging that Zhenli Ye Gon conspired to import large amounts of methamphetamines to the United States.^[1] But U.S. District Judge Emmet G. Sullivan admonished prosecutors Friday for producing such little evidence against Ye Gon, who was arrested July 23 in Washington DC.^[2]

Judge Sullivan denied prosecutors' initial request to keep Ye Gon jailed for a year while they gather information.^[3] ''You say you have all this evidence, but you haven't turned anything over…[t]he man was arrested two months ago. That concerns me….[the government needs to] proceed at something more than a snail's pace.'' Sullivan said.^[4]

Mexican authorities assert that they seized $205 million in U.S. drug profits from Ye Gon's Mexico City mansion in March, making it the largest drug-related cash seizure in history;^[5] U.S. prosecutors admitted on Friday that they hadn't actually seen the money, but ''I've seen a video of it,'' said Justice Department lawyer Paul Laymon.^[6] Laymon then went on to spend almost a half hour describing the government's claim that Ye Gon was part of a drug cartel, yet he never once produced any evidence.^[7]

Justice Department officials traveled to Mexico last week searching for the missing evidence but would have to hire contractors to translate records from Spanish and Chinese, Laymon said.^[8] He said buildings housing Ye Gon's business in Mexico appeared suspicious and unlikely to generate the millions of dollars Ye Gon has made.^[9]

Ye Gon asserts that chemicals imported by his pharmaceutical company, Unimed Pharm Chem de Mexico SA, are legitimate and intended for cold medicines.^[10] His federal criminal defense attorneys have argued that he was framed by Mexico's ruling party and that he had been ordered to store an illegal presidential slush fund.^[11]

Lisa Angelo, one of Ye Gon's Washington-based federal criminal defense attorneys, said the U.S. government's case has been fixated on Ye Gon's money and gambling debts in Las Vegas, yet he isn't charged with money laundering or illegal gambling but with importing drugs.^[12] ''What's lacking in the (government's statements) is a link to the charges he faces…..There is a very, very reasonable explanation for everything the government has said.'' she said.^[13]

As we discussed last week in this blog, Drug importation is covered under 21 U.S.C. § 952 wherein is states that it is a crime for a person to import into the United States any controlled substance in schedule I or II, or any narcotic drug in schedules III, IV, or V;^[14] or for a person to import into the United States any non-narcotic controlled substance found in schedules III, IV, or V;^[15] or create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.^[16]The delineation of the drug schedules can be found on our Drug Crimes page.

Federal criminal defense attorney Douglas McNabb has previously discussed the transnational crime of drug trafficking here.

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^[1] AP Staff, Drug Suspect to Be Jailed 3 More Months, Associated Press Newswire, September 8, 2007, available at LEXIS, News Library, Wire News Services.
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Stats from the U.S. Drug Enforcement Administration, Id.
^[6] Id.
^[7] Id.
^[8] Id.
^[9] Id.
^[10] Id.
^[11] Id.
^[12] Id.
^[13] Id.
^[14] 21 U.S.C. §952 (a)(2007).
^[15] Id., at §952(b).
^[16] Id. § 841(a)(2).

Man Stopped in AZ for Drug Trafficking

A Mexican man, who remains unidentified, was arrested for allegedly attempting to smuggle about 1,100 pounds of pot across the border from Mexico.^[1] One U.S. Border Patrol (USBP) agent was injured Sunday, August 26, during a prolonged high-speed chase.^[2]

The incident began around 1:30 p.m. when agents approached the man's truck, which was stopped on the side of state Route 85 near Gila Bend, when approached the man allegedly man sped off, causing a chase that agents called off when he began to drive too fast.^[3]

Yuma agents called agents in the Border Patrol's Tucson sector with a description of the vehicle and it was spotted parked in a wash near Ajo around 2:45 p.m.^[4] When found, an agent and a police dog approached the man, who again sped off south on Route 85, when the agent reported seeing bundles in the truck bed that he suspected were marijuana.^[5]

USBP Agents spotted the truck turning down a side road and where proceeding on foot when the truck turned around and collided with the agent's Border Patrol vehicle, injuring the agent's leg, the injured agent's name has not been released.^[6]

The driver got out of the truck and was arrested; once in custody, the man allegedly told agents he had HIV and tuberculosis and had received abrasions from the chase, he was thereafter taken to a Phoenix-area hospital for treatment and will be booked into jail on state and federal criminal charges related to the alleged smuggling and the pursuit.^[7]

Drug importation is covered under 21 U.S.C. § 952 wherein is states that it is a crime for a person to import into the United States any controlled substance in schedule I or II, or any narcotic drug in schedules III, IV, or V;^[8] or for a person to import into the United States any non-narcotic controlled substance found in schedules III, IV, or V;^[9]

The delineation of the drug schedules can be found on our Drug Crimes page.

Drug possession is covered under 21 U.S.C. § 841, this refers to "possession with intent to distribute," and it is, in most cases, a crime for any person to knowingly or intentionally manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance;^[10] or create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.^[11]

Federal criminal defense attorney Douglas McNabb has previously discussed the transnational crime of drug trafficking here.

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^[1] Ryn Gargulinski, Smuggling suspect caught after chase, Tucson Citizen, August 29, 2007, available at http://www.tucsoncitizen.com/daily/local/61363.php (last visited August 29, 2007).
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] 21 U.S.C. §952 (a)(2007).
^[9] Id., at §952(b).
^[10] 21 U.S.C. § 841(a)(1)(2007).
^[11] Id. § 841(a)(2).

Velazquez Arrested in Spain for Drug Trafficking

Two weeks after his family posted a $1 million bond to get him out of federal custody, Darli Velazquez Armas disappeared.^[1] It took the bail bond company, Bail Yes, of Miami, a few months, but last week its investigators tracked Velazquez to Spain, where Spanish authorities, agents from the Drug Enforcement Administration (DEA) and the bail bondsmen arrested him.^[2]

Velazquez is facing federal drug trafficking charges. Allegedly Velazquez received 85 kilograms of a white powder he thought was cocaine during a sting organized by the DEA, and unknown to Velazquez at the time, border agents already had seized the real stuff, 130 kilos from Ecuador found in a shipping container at the Port of Miami.^[3]

After his arrest, Velazquez put up the house he shared with his ex-wife as well as another house in North Carolina as collateral for the bond, Jochananov said. ''He was on an ankle monitor. It went off and the feds went over there on March 11…..They went to the house, found he wasn't there.'' Jochananov said.^[4] So the bond company hired bounty hunter Rolando Betancourt, who rented a garbage truck and picked up the Velazquez's family's garbage, in the trash where business cards indicating Velazquez had left the country for Spain.^[5]

The bail bond company quickly sent an investigator to Spain.^[6] The Spanish Interior Ministry told the Associated Press that Velazquez was arrested in the Canary Islands in a raid coordinated with the U.S. Drug Enforcement Administration.^[7]

Federal criminal defense attorney Douglas McNabb has also previously discussed the transnational crime of drug trafficking in his blog, here.

Drug trafficking
This crime is a violation of 21 U.S.C. § 841, wherein it states that except as authorized by the government, it shall be unlawful for any person knowingly or intentionally to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.

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^[1] Susannah A. Nesmith, Miami bail bonds firm tracks suspect to Spain, Miami Herald, August 14, 2007, available at http://www.miamiherald.com/news/miami_dade/story/202348.html (last visited August 14, 2007).
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.

Village of Nautila a Hotbed for Drug Trafficking

U.S. federal authorities arrested five men this month suspected of being part of a cocaine distribution network made up primarily of people from the Mexican coastal town of Nautla.^[1]

Although the arrests focused on the distribution side, U.S. Drug Enforcement Administration investigators also obtained information about some of the group's customers.^[2] “The bulk of the users tend to be middle-class, white-collar professionals who live (in) or frequent coastal San Diego,” DEA spokesman Dan Simmons said, he added that prosecutors will eventually decide whether to pursue drug-possession charges against the customers, who could face probation or prison time if convicted.^[3]

U.S. authorities said Rene Palacios Correa, who remains at large, is the suspected leader of those who were arrested this month. Palacios Correa is known to travel between San Diego and Veracruz, where Nautla is located.^[4] The cell is one of about a dozen groups operating in San Diego with ties to the fishing village of Nautla, and this is a prime example of the new convergence of illegal immigration and drug trafficking. Residents from the small town are smuggled into San Diego to work for the drug rings, the drugs, brought into the United States separately, are obtained from wholesalers.^[5] “Apparently there is a prevailing feeling in Nautla, Mexico, that cocaine trafficking in San Diego is the road to riches,” said Alan Poleszak, the DEA's acting special agent in charge in San Diego, in a written statement condemning the groups' activities.^[6]

Earlier this month, Ramiro Sanchez Davila was arrested in San Diego's North Park after a small amount of cocaine was found in his car; a search warrant was then issued for his house, where U.S. authorities arrested three men on July 10: Fernando Cobos Palacios, Javier Verjel Ochoa, and his brother, Pablo Verjel Ochoa. Authorities asserted that they found more than half a kilogram of cocaine and $24,787 inside the home.^[7]

A day later, the group's suspected local manager, Armando Correa Gutierrez, was arrested in National City.^[8] All five men face drug-trafficking charges, and U.S. authorities allege the group's delivery workers were paid about $500 a week, and the manager about $1,000 a week. They allegedly were sending back as much as $5,000 a week to Palacios Correa, U.S. authorities said.^[9]

Federal criminal attorney Douglas McNabb has also previously discussed drug trafficking in his blog, here.

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^[1] Anna Cearley, Customers in U.S. could be charged, too, San Diego Union Tribune, July 18, 2007, available at http://www.signonsandiego.com/news/mexico/20070718-9999-7m18dea.html (last visited July 18, 2007).
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id
^[8] Id.
^[9] Id.

Colombian Stowaways Found on Ship Headed to Houston

U.S. Drug Enforcement Agency (DEA) agents found six stowaways and 182 pounds (83 kilograms) of cocaine in the rudder compartment of a ship heading from Colombia to Houston, Texas.^[1]

DEA Agents also found and arrested the stowaways shortly after the vessel unloaded cargo at an interim stop in Norco, LA; "They stayed down there, they ate from plastic bags, they lived in water up to their waist," DEA spokesman Michael Sanders said Monday.^[2]

Investigators arrested Joe Pabon Vallecilla, Javier Renteria, and Fortunato Albornoz, all of Colombia; and John Martinez, Carlos Enrique Santiago-Caparros, and Javier Colon, all of Puerto Rico.^[3] Each of the men were arrested and charged with Thursday with conspiracy to distribute 83 kilograms of cocaine. Conviction would mean at least 10 years in prison.^[4]

Conspiracy to Traffic in Narcotics
Under 21 U.S.C. § 846, any person who conspires to commit any offense in title 21 will be punished as if he had committed the offense. There is no overt act requirement in this statute. Narcotics trafficking is a crime under 21 U.S.C. § 841, which states that it is a crime for a person to intentionally distribute—or possess with intent to distribute—a controlled substance.^[5]The punishment for violating this statute with the amount of marijuana at issue in this case is imprisonment for at least 10 years, a fine of up to $4,000,000, or both.^[6]

We have previously discussed the Columbian drug trade, here.

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^[1] AP Staff, U.S. Drug Agents Find 6 Stowaways, Cocaine in Ship From Colombia, Associated Press Newswire, June 19, 2007, available at LEXIS, News Library, Wire News Services
^[2] Id.
^[3] Id.
^[4] Id.
^[5] 21 U.S.C. § 841(a)(1) (2007).
^[6] Id. § 841(b)(1)(vii).

I-10 is a New Hotspot for Transnational Drug Trafficking

Immediately after Hurricane Katrina, the city of Houston provided shelter for about 200,000 evacuees.^[1] Houston police believe that in-so-doing the city also opened the door for criminals to go after new territory.^[2] In fact, the New Orleans PD said it’s now seeing more drug investigations tie back to Texas than ever before.^[3]

The I-10 stretch between Houston and New Orleans is one the most heavily traveled roads in the southern part of the United States; tens of thousands of people travel back and forth between the two cities daily, including drug traffickers.^[4] While the Houston and New Orleans Police Departments’s disagree on where the drugs are coming from – each one is pointing at the other -- both agree the amount of drugs on the I-10 span has increased, with Katrina partly to blame.^[5]

The amount of cocaine, marijuana and heroine traveling on I-10 has increased dramatically since Katrina.^[6] This is because during the storm, Houston experienced an abnormally large influx of evacuees, which became a prime opportunity for New Orleans criminals to make additional contacts in a bigger city.^[7] “When a large portion went there, they developed their own connections and having come back they now have their own sources of supply, so now we have a lot of independent drug dealers with large quantities of drugs that we didn't have before,” said Lt. Michael Glasser, President of the Police Association of New Orleans.^[8]

I-10 isn't the only drug importation gateway in the area either.^[9] Both Houston and New Orleans are large port cities, too; and police said the majority of narcotics enter through our coastline from international sources.^[10] Once here the drugs are put into the stream of commerce and are much harder to locate; this forces local jurisdictions must depend on state police as well as federal agencies for enforcement.^[11]

State troopers said they've beefed up their patrols since the storm.^[12] The FBI has also stepped in to sponsor a drug interdiction initiative on I-10 headquartered in Calcasieu Parish, and Riley said the NOPD has its own ways of enforcement.^[13] The job of the task force is to intercept drugs headed from Houston to New Orleans along the interstate, as well as the money headed back to Houston along the same route.^[14]

Drug Possession as a crime is outlined under 21 U.S.C. § 841, wherein it states that it is, in most cases, a crime for any person to knowingly or intentionally 1)manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance;^[15] or create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.^[16] This is the crime commonly known as "possession with intent to distribute."

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^[1] Stacia Willson, Houston, New Orleans police say I-10 a corridor for drug trafficking, Fox11AZ.com, May 22, 2007, available at http://www.fox11az.com/news/topstories/stories/kmsb-20070522-wwljc-druginterstate.95337c3e.html (last visited May 23, 2007).
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] Id.
^[9] Id.
^[10] Id.
^[11] Id.
^[12] Id.
^[13] Id.
^[14] Id.
^[15] 21 U.S.C. § 841(a)(1)(2007).
^[16] Id. § 841(a)(2).

U.S./Mexico Partner Up

Since the beginning of time criminals have found it useful to flee across borders to escape prosecution, a perfect example historical example of this are the Nazi Ratlines which helped European war criminals flee Europe after World War II.^[1] Mexico has often been a destination for U.S. criminals as well, but growing cross-border collaboration between California and Mexico is landing more of these fugitives in court in their native country.^[2]

Since 1980, California has actively been pursuing cases that rely on a little-known Mexican law, Article 4 of the Mexican Penal Code, which allows the American justice system to seek prosecution in Mexico of citizens suspected of committing crimes in the United States.^[3] State and local authorities have sought convictions in 277 cases with help from prosecutors in Mexico.^[4] Although the law has been on the books since the 1930s, the number of prosecutions based on Article 4 of the Mexican penal code has been going up.^[5] The rapidly growing immigrant population is giving a transnational dimension to crimes ranging from drug trafficking to murder; the U.S. authorities have found that relying on the Mexican justice system makes loads of sense.^[6]

''It's something that's been recognized by both governments….[y]ou can't share a border and not be able to communicate and work together.'' asserted Val R. Jimenez, special agent in charge of foreign prosecution and law enforcement for the California Attorney General's Office.^[7] Relationships such as this and the current U.S./Colombian narco-terror task force,^[8] work to make law enforcement more cohesive and comprehensive, thus leading to more joint Article 4 prosecutions, and also international child abduction cases, drug trafficking investigations, human smuggling, human trafficking and other transnational crimes.^[9] These cases now have a much higher prosecution rate.

Extradition of Mexicans to the U.S. – and vice versa -- are also on the rise, but there can be advantages to taking an alternate route and simply trying a Mexican citizen in a Mexican court.^[10] For example, many other countries are hesitant to extradite suspects to the U.S. where they might be exposed to the death penalty. Thus the extradition trials, which need translators and many other services, can also be much more expensive than a trial in Mexico.^[11]

Investigations with international ramifications can be hampered by differences in language and criminal codes or a lack of mutual trust; networks such as this help alleviate those trust issues, said David Shirk, director of the Trans-Border Institute and the Justice in Mexico Project at the University of San Diego.^[12] "For police anywhere in the country there are some lessons to be learned about how to deal with crime that ties back to Mexico, Vietnam, El Salvador…..[t]his is a unique prosecutorial mechanism that is especially relied on in California, but is beginning to be used in other parts of the country as the information gets out and other prosecutors become aware of this possibility.''^[13]

Article 4 of the Federal Penal Code for the Republic of Mexico states that crimes committed in a foreign country by a Mexican citizen against a foreign citizen, or by a foreign citizen against a Mexican citizen will be punished in the Republic of Mexico, in accordance with federal law, if the following requirements are met: 1) That the defendant be in the Republic of Mexico; 2) that the defendant has not been definitively tried in the country where the crime was committed; and 3) that the crime with which the defendant is charged be a crime in both the country where it was committed and the Republic of Mexico.^[14]

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^[1] The ratlines mainly led toward safe havens in South America, particularly Argentina, Paraguay, Brazil and Chile.
^[2] Juliana Barbassa, Cross-border collaboration landing US suspects in Mexican courts, Associated Press Newswire, Apr. 16 2007, available at LEXIS, News Library, Wire News Services File.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] For more on this see our previous blog, available here.
^[9] Barbassa, supra note 2.
^[10] Id.
^[11] Id.
^[12] Id.
^[13] Id.
^[14] Website for the Attorney General of Texas, Article 4 page, available at http://www.oag.state.tx.us/criminal/art4.shtml#art4 (last visited Apr. 24, 2007).

Drug Kingpin Shipped to Israel: Ze'ev Rosenstein

Ze’ev Rosenstein, the notorious Israeli crime boss; described by the U.S. as one of the world's chief drug traffickers was convicted on drug charges in Florida and returned to Israel on Wednesday to serve his 12-year prison term.^[1] The U.S. Drug Enforcement Administration has Rosenstein on its list of the 44 biggest drug traffickers in the world, claiming that his illegitimate network spanned four continents and used smugglers from Latin America to bring the drugs into the United States.^[2]

Rosenstein AKA “The Fat Man” has always been somewhat of a criminal celebrity to the Israeli public, whose criminal career began with thefts in his twenties.^[3] Although he is not a religious man, his wife is an ultra-Orthodox woman who passionately maintains his innocence, thus contributing to his cult appeal.^[4] The two largest newspapers in Israel ran banner headlines with pictures, announcing his return.^[5]

Rosenstein's travel was heavily guarded, with several security vehicles escorting the white van that carried him to the airport.^[6] There have been at least seven attempts on Rosenstein's life, including one in Tel Aviv in 2003 in which three bystanders were killed; he was unharmed.^[7] Rosenstein was equipped with a bulletproof vest on El Al the flight home, and boarded two hours before the other passengers. He was cuffed at the wrists and ankles for the duration of the flight.

The charges against Rosenstein carried a maximum sentence of 40 years in prison. He was charged with conspiracy to distribute a controlled distribute a controlled substance,^[8]and conspiracy to import/export a controlled substance.^[9] As part of the plea bargain he was only sentenced for conspiring to distribute more than 850,000 Ecstasy pills.^[10] As part of the same bargain, Rosenstein will serve the time in Israel, the nation from which he had been extradited in March 2006.^[11]

Conspiracy to distribute a controlled distribute a controlled substance,^[12] makes it unlawful for any person knowingly or intentionally to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance.^[13]

We have previously discussed the crime of drug trafficking at length, here.

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^[1] Laurie Copans, Notorious drug trafficker returned to Israel from United States to serve jail time, AP (via Int’l Herald Tribune Africa/Middle-East), March 28, 2007.
^[2] Id.
^[3] Jerusalem Post Staff, Ze'ev Rosenstein lands in Israel, Jerusalem Post, March 28, 2007.
^[4] Copans, supra note 1.
^[5] Id.
^[6] JPost Staff, supra note 3.
^[7] Copans, supra note 1.
^[8] 21 U.S.C. § 846 (2007).
^[9] 21 U.S.C § 963 (2007).
^[10] Copans, supra note 1.
^[11] Id.
^[12] The crime of conspiracy or attempt is covered in 21 U.S.C. § 846, however the actual offense is covered under 21 U.S.C. § 841 (2007).
^[13] 21 U.S.C. § 841 (2007).

Piracy Becomes a Global Problem

The German Frigate Bremen, a frigate packed with high-tech weaponry and surveillance equipment, is a part of Operation Enduring Freedom where their mission is to combat piracy and terrorism in the high seas.^[1] They patrol off the coast of the Horn of Africa, protecting the world's most important shipping lanes through which two-thirds of the planet's oil shipments pass.^[2] These are also some of the most violent waters in the world, piracy, drug smuggling, arms and human trafficking are rampant here, the proceeds of which go to finance global terrorism.^[3]

According to the Bremen's commander, Capt. Andreas Jedlicka, this is a silent war, one where battles are fought behind radar screens and using intelligence reports. Boats are first spotted on radar, then sailors take off in the ship's two Sea Lynx helicopters to identify boats, while a 10-man specialized marine unit is on alert for boardings.^[4] On the deck, sailors man loaded heavy machine guns, and keep a weather eye on the horizon for a suicide speed boat or low flying aircraft attack.^[5] The crew must log every ship they spot, be it a massive cargo container ship or one of the traditional wooden dhows that have sailed these waters for centuries.^[6]

At present, nine coalition warships patrol 11,700 miles of coastline of 14 nations, covering 2.4 million square miles of sea. Sea borne trade is the backbone of the global economy because of its relative cheapness to air travel and the ease with which ships can transport huge quantities of goods.^[7] This is the result of a more globalized economy; the amount of goods transported through ships has quadrupled in the last 40 years, as of this writing 80 % of world trade is done through ships.^[8] However ever-opportunistic pirates have matched the shipping growth, and in the last decade piracy has tripled, and the amount of money that can be acquired through piracy is such that the risk/reward balance makes the pirates all that more daring.^[9] An attempted hijacking of a cruise liner by Somali pirates armed with assault rifles and rocket propelled grenades in 2005 is an example. See previous posts on Somali pirates, here.

The USS Cole is not the only recent terrorist incident at sea, two years after the Cole was hit, a boat exploded after ramming a French oil tanker off the coast of Yemen, killing one, and in 2004 a 1,050-passenger ferry sank off the Philippines after a bomb was detonated below decks, killing more than 100 people.^[10]

The supreme threat is still an attack against three key shipping channels, narrow sea lanes in the Middle East that, if comprimised could temporally shut down the world economy. More than 90 percent of European trade passes through either the Strait of Hormuz^[11] in the Persian Gulf, the Suez Canal or the Bab el Mandab at the of the Horn of Africa.^[12] A terrorist attack on the international trade routes is only a matter of time,^[13] and when it happens it will be so catastrophic that it would spark a two-digit oil price rise, by way of example, a $1 oil price rise costs the U.S. economy some $7.4 billion each year.^[14] For impoverished African economies that are dependent on oil imports, the costs are far more crippling.^[15]

Most pirate attacks take place inside territorial waters, close to the coast, where the coalition has no legal authority; in 2005 there were 276 attempts and hijackings, of those only 24 took place in international waters where the coalition has authority.^[16] However since piracy is a crime with a tag of universal jurisdiction, any government can legally apprehend and prosecute pirates.

The concern over violent crime on the high seas is not restricted Africa and the Middle East however. The issue of transnational organized crime in the Caribbean is also currently the focus of an OAS discussion group underway in Jamaica.^[17] The seminar which is being held in Montego Bay, March 20-22, includes the participation of justice and law enforcement officials from all English-speaking countries in Caribbean, as well as Haiti and Suriname.^[18] Along with experts from the OAS Department of Public Security and the Inter-American Drug Abuse Control Commission (CICAD), the Caribbean participants will address four specific aspects of organized crime: drug trafficking, trafficking in persons, arms trafficking and gangs.^[19]

In his opening remarks, Peter Phillips, the Minister of National Security of Jamaica, stressed the increasing internationalization of transnational organized crime, to the degree that Caribbean cultural integration of the region is being more effectively accomplished by organized criminals than by the states.^[20] Minister Phillips said that “solutions cannot be found within the traditional definitions of sovereignty, as organized crime operates truly without national borders….[we must work together].”^[21]

We have previously discussed Piracy, Arms Trafficking, Drug Trafficking, and Human Trafficking, in this blog.

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^[1] Anthony Mitchell, Pirate patrol uses Cole as inspiration, AP (via NavyTimes.com), March 20, 2007
^[2] Id.
^[3] Id. This information was compiled by Combined Task Force 150, a 14-nation task force comprised of the U.S., U.K., France, Saudi Arabia, Denmark, Italy, Spain, Britain, Canada, Germany, Bahrain, New Zealand, Pakistan and Singapore. It is coordinated with, and incorporates vessels of, the US Navy's Fifth Fleet, under the Combined Forces Maritime Component Commander/Commander US Naval Forces Central Command in Bahrain. Since its inception, CTF 150 has been commanded by France, the Netherlands, Germany, Pakistan and is currently led by the UK.
^[4] Id.; The term “boardings” refers to the moment when pirates have subdued a ship and are boarding it to attain their loot.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] Id.
^[9] IMO website, IMO Fourth Quarterly Report, Int’l Maritime Org., Ref. T2-MSS/2.11.4.1, Feb 15, 2007.
^[10] Id.
^[11] Staright of Hormuz website, http://www.dataxinfo.com/index.htm(last visited Mar.22, 2007). The strait at its narrowest is 21 miles wide
^[12] Mitchell, supra note 1. Some 3.3 billion barrels of oil a day destined for Europe and the U.S. pass through the 18-mile, largely un-policed Bab el Mandab straits; see also http://www.converger.com/eiacab/choke.htm (last visited Mar. 20, 2007).
^[13] Dustin Dehez, Outside View: Threats in Africa, National Ledger, January 20, 2006.
^[14] Mitchell, supra note 1.
^[15] Id.
^[16] Id., see also IMO Website, supra note 9.
^[17] OAS Helping to Address Transnational Organized Crime in the Caribbean, OAS Press Release (via PressZoom), March 22, 2007. (Organized by the General Secretariat of the Organization of American States ( OAS ) and the Jamaican government, with financial support from the government of Canada.)
^[18] Id.
^[19] Id.
^[20] Id.
^[21] Id.

Baggage Handler Arms Deal Update

Earlier this week authorities arrested Thomas Anthony Munoz and Zabdiel J. Santiago Balaguer, two airline baggage handlers who allegedly used their employee uniforms and airport identification cards to enter restricted areas with a bag full of guns and drugs and then transport them via a commercial flight from Florida to Puerto Rico.^[1]

Two more men have since been arrested in connection with the same smuggling ring.^[2] Jeffrey Lorenzano Cruz and Joel Eluit Matos Cruz were arrested on Thursday, March 8, at a Sam’s Wholesale Club in Orlando after Jeffrey Lorenzano Cruz allegedly agreed to meet with an undercover agent there to sell drugs and two guns with silencers.^[3]

Jeffrey Lorenzano Cruz told authorities that Balaguer paid him $800 to take 20 pounds of marijuana to Puerto Rico in December 2006, and that drugs were received in Puerto Rico about twice a month.^[4] After his arrest, Joel Eluit Matos Cruz told authorities that his cousin paid him "a couple hundred dollars" to go with him to "take care of some business.”^[5]

Both men are charged with conspiracy to distribute a controlled substance,^[6] and Possession of firearms that traveled in interstate commerce during a drug trafficking offense.^[7] We have discussed both of these offenses and this case previously, here.

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^[1] 2 more arrests made in airport drug-smuggling scheme in Florida, AP (via Sand Diego Union-Tribune), March 10, 2007.
^[2] Id.
^[3] Id.
^[4] Id
^[5] Id.
^[6] 21 U.S.C. § 846 (2007).
^[7] 18 U.S.C. §924 (c)(2007).

Baggage Handlers use Employee Uniforms to Bypass Airport Secutiry in Arms Deal: Munoz, Santiago Balaguer

Zabdiel J. Santiago Balaguer and Thomas Anthony Munoz, two airline baggage handlers, used their employee uniforms and airport ID cards to bypass security screeners and carry a duffel bag containing 14 guns and