Sunday, January 10, 2016

Wanted in 8 U.S. Jurisdictions, Mexico A.G. Lays out plan for the extradition of El Chapo Will Mexico Finally Agree to Send El Chapo to the U.S.?

Borderland Beat

Link to Borderland Beat

Video Teaser: Sean Penn interview with Chapo

Posted: 10 Jan 2016 12:54 AM PST

Hola Readers, can this stuff get any crazier? DD had the post ready to roll but ran into difficulties but it will be up by morning. BUT since we have been deluged with readers comments advising us of the story, (thank you most gracious readers) I thought I would post the video as we wait for the interview. In case you haven't a clue what I am speaking of, Sean Penn  conducted an interview with Chapo, in October while Chapo was in hiding. It was facilitated by actress Kate Castillo. Some of you will remember Castillo giving an interview saying that between President Pena and Chapo she would trust Chapo.

Mexican authorities are saying that it was because of this interview that they were able to locate and capture him.  Really?  Maybe.  Although it was in October when the interview was conducted, it was immediately before the “big miss” when Chapo got away because he was with his children.


The interview itself is soft, boring and Penn’s lack of narco knowledge is glaring.  Questions like: "Are you a violent man?"  Chapo answers: "no sir". But the article is top rate because it focuses on the “get”, and particulars of setting up the meeting etc. 

Chapo confirms he was injured in the October raid, but that his injuries were not that  bad.  He says those rumors of him being in Guatemala or south America were inaccurate, he was home, his home in Sinaloa all the while.

Wanted in 8 U.S. Jurisdictions, Mexico A.G. Lays out plan for the extradition of El Chapo

Posted: 09 Jan 2016 11:19 PM PST

Lucio R. Borderland Beat

The extradition chart popped up on the PGR twitter page a few hours after the news of the Rolling Stone, Sean Penn interview with El Chapo in October, while he was in hiding.  This is a another huge embarrassment for the Mexican Government and President Pena.  This may go against Chapo and hasten the extradition request approval for the United States.

Former Attorney General of the Republic, Jesús Murillo Karam, had rejected any thought of an El Chapo extradition; with a smirk he emphatically precluded any notion of that happening. 

In a January 27, 2015, interview with the AP press, Murillo Karam, then Attorney General, said he had no intention to extradite to the United States the leader of the Sinaloa Cartel, who had been captured on 22 February 2014 truth be known, the U.S. had not filed for a request of extradition for Chapo at that time, or anytime near then, not until just prior to his second prison escape via  a “Chapo tunnel” in July of 2015.

Prior to Chapo’s escape, statements by president Enrique Peña and his AG both said there was no reason to extradite Chapo as “there was no danger of escape”.  

In a foolhardy statement, Murillo Karam said, "I can accept the extradition, but 'El Chapo' has to stay here to serve his sentence and then he can be extradited. So maybe in 300, 400 from now.”

Five months or so later Chapo would take a motorcycle ride through his tunnel to freedom.

At the end of last July, twenty days after the July escape of Joaquin Guzman Loera , an order for extradition to the United States was issued. 

The order was requested by a Federal Court Southern District of California to the Mexican government, only two and a half weeks before the escape. 

The Attorney General tweeted the chart below titled, “The procedure of extradition of Joaquin Guzman Loera”
Click on image to enlarge

The following is the breakdown expressed on the PGR chart


In June and August of 2015, the U.S. presented formal petitions for Chapo’s  extradition, the Mexican Attorney General's office said. By the 3rd of September Mexico’s Foreign Ministry determined the requests met the requirements. 

The next step shifted the application to the office of the PGR.

PGR presents the formal petitions to a federal judge panel on 7/29 and 9/18

The federal judge panel ordered a “formal arrest warrant for the purpose of extradition” on July 29 and September 21st

SRE (Secretary of Foreign Affairs, requests the opinion of the judge and the record count 20 days to issue agreement granting or denying extradition of the person sought

Federal Judges issues an opinion on the admissibility of the extradition, or not, on the record, then refers the case opinion to SRE 

Notifies the person sought, formal extradition request is granted

After completion of the orders, after the arrest ,  the SRE informs U.S 

The office of Mexico’s attorney general issued a statement stating The Mexican government approved the petitions, and with the recapture, "both extradition requests presented by the U.S. will initiate". 

This initiates a round of injunction, appeals, amparo filings by Chapo’s attorney’s to block the extradition.

First step is a filing within 3 days, to “pose exceptions”, which is what his attorneys said they would be filing today. This will be granted.  He will then have another 20 days to prove the objections.

Guzman, who is now back in custody after months on the run, has three days to "pose exceptions" and 20 additional days to "prove them," the Mexican Attorney General's office said.

When the leader of the Sinaloa Cartel was arrested in February 2014, the first action of his legal team was establishing a remedy to avoid extradition.

Chapo extradited? "Not for 3-400 years"
After the escape of July 2015, his lawyers continued their strategy of seeking injunctions against US extraditions requests and were successful in obtaining an injunction in October 2015.  But by then a fugitive from the authorities, there was no action to ratify the injunction (amparo), so on  December 18th, the judge Sobresello Thirteenth District cancelled the action.


Consequently, for the moment, the capo of the Sinaloa Cartel is unprotected against extradition to the United States. 

To avoid it, his attorneys were required to file a new appeal requesting a provisional suspension.


Defense attorneys were expected to file for an injunction this weekend, on the basis previous injunctions had been granted against extradition. 

These are the eight open indictments in the US against 'El Chapo':

  1. District of Arizona.  In 1993, Guzman Loera was charged with drug trafficking, money laundering and organized crime.
  2. Southern District of California in San Diego.  It was presented in 1995 with four counts of conspiracy to import up to eight tons of cocaine and possession of that drug distribution.
  3. Western District of Texas in Del Rio.  This 2001 demand is for import and possession of narcotics.
  4. Northern Illinois. District  Eastern Division.  In February 2008 a process against Guzman Loera, Ismael "El Mayo" Zambada and other trafficking activities by large quantities of cocaine, "generally shipments of hundreds of kilograms in one time as well as large amounts of heroin from Mexico and across the US border. "
  5. East New York district .  nine counts against 'Chapo' for being leader of a criminal group, that smuggled 130 000 kilos of cocaine into the United States, were presented in July 2009.
  6. South Florida, in Miami. District  in November 2010, was sued in this Court Guzman Loera money laundering, conspiracy to manufacture and distribute cocaine.
  7. District of New Hampshire .  The region was sued in 2011 for conspiracy to distribute and possession of  cocaine for sale. The document indicates that the crime began in 2009 and that the intention was to distribute 1,000 kilograms or more of the drug.
  8. Western District of Texas.  A lawsuit was fourteen charges filed in April 2012 against "the company Sinaloa Cartel" led by Guzman Loera and Ismael Zambada. According to the legal text, the two capos run a company that seeks  "the growth of its members and associate members through activities of conspiracy to import and distribution of illegal substances; money laundering, arms trafficking and commit murder ", which violates  The Racketeer Influenced and Corrupt Organizations Act


Will Mexico Finally Agree to Send El Chapo to the U.S.?

Posted: 09 Jan 2016 09:47 AM PST

Posted by DD republished from NBC News  


screen capture from NBC video
Perhaps the only way to keep Mexican drug lord Joaquin "El Chapo" Guzman from escaping prison again is to ship him to the United States. 

U.S. authorities have made that argument before — the last time Guzman was arrested, in 2014. Mexico resisted, declaring it a matter of national sovereignty and brushing aside concerns that he'd already escaped from prison previously, in 2001. 


The world knows what happened next: Guzman made a mockery of his captors, with associates tunneling him out of a maximum security prison in an intricately planned operation that raised suspicions of government complicity.

His recapture Friday might make a stronger case to send him north. 

Several U.S. jurisdictions want to try Guzman on federal drug trafficking charges, including San Diego, Brooklyn, N.Y., El Paso, Miami and Chicago, which has named him the city's first "public enemy No. 1" since Al Capone. 

But Mexican officials have given mixed signals on the Justice Department's standing request to extradite Guzman. 


A Mexican judge approved the request after Guzman's July escape, but that order was reversed. 

Ultimately, the decision lies with President Enrique Pena Nieto, who on Friday hailed Guzman's arrest as a victory for Mexican rule of law. "Our institutions have shown once again that the citizens can trust these institutions," Nieto said. 

But Nieto is expected to face enormous pressure to extradite Guzman to the U.S., where he would likely spend the rest of his life in prison — with no easy treatment, law enforcement experts told NBC News. 

If Guzman were to escape prison in Mexico a third time, it could irreparably damage the government's credibility — and rattle the already tenuous relationship between the two countries. 

U.S. and Mexican authorities have worked closely in recent years to capture Guzman, with the Obama administration sharing sophisticated intelligence and law-enforcement firepower, including satellites and wiretaps. 

But U.S. officials have been concerned about sharing too much information with Mexican authorities in light of documented evidence that some have secretly fed that intelligence back to Mexico's powerful drug trafficking organizations — including Guzman's Sinaloa cartel. 

That was especially the case after Chapo's July escape, which the U.S. warned Mexico of weeks earlier. 

But the U.S. continued to help Mexico, including playing a part in Guzman's recapture, a senior Drug Enforcement Administration official in Washington told NBC News Friday on condition of anonymity because of the ongoing investigation.


Michael Braun, a former chief of operations for the DEA, said he didn't think the Mexican president would be willing to risk the chance of Guzman escaping a Mexican prison for a third time. 

"I don't think Nieto would suffer the same embarrassment as last time, and that if (Guzman) wasn't killed (during capture), he'd extradite him to the U.S.," Braun said. 

"I hope we see him here in the U.S.,'' Braun said. "But only time will tell." 

But Jimmy Gurule, a former drug prosecutor for the U.S. Attorney's office in Los Angeles who now teaches international criminal law at the University of Notre Dame, predicted that Nieto would continue to resist pressure to extradite Guzman. 

It's not just a question of national sovereignty, Gurule said. There's also the possibility that Guzman, who is notorious for bribing government officials, could divulge information about corruption in Mexico, he said. 

"From a more cynical view, I think that Mexican government officials might be concerned that if El Chapo was extradited ... if there's any chance he'll see the light of day or that the conditions of his imprisonment be somewhat softened, that would require cooperation on his part," Gurule said. 

"I think there's no question he has very valuable first-hand information regarding government corruption, and if that information was disclosed it would be embarrassing to the Mexican government," Gurule said. 

If Nieto decided to give up Guzman, it would raise serious security concerns in the United States and set off a scramble among the many federal prosecutors who want first crack at him. 

There is precedent, however. Alleged Mexico drug lord Edgar "La Barbie" Valdez, former head of the Beltran Leyva cartel, was extradited to the United States in October. 

Another, Osiel Cardenas Guillen, the former head of the Gulf cartel, was captured in 2003 and extradited to the U.S. four years later.

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