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Friday, May 08, 2015

Borderland Beat

Borderland Beat

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Zetas Money Laundering Case: U.S appeals court tosses out Pancho Colorado’s conviction

Posted: 08 May 2015 03:31 AM PDT

Lucio R. Borderland Beat: Use the search bar to access outstanding posts written by Chivis and Havana on the Zetas Trial and Bribery Case

"I will win the appeal, there was no evidence against me.." turns out the court of appeals agrees with him

The decision of the court of appeals gave Pancho Colorado the big win he said he was getting on his appeal.  He was the only of the convicted defendants in the Zetas Cartel Horse Racing money laundering trial to win an appeal.

The court of appeals found the District Court in Austin abused its discretion when commingling jury instructions with the other defendants, finding "the jury was improperly and harmfully instructed", and may not have found the defendant guilty had they not been instructed in the manner identical to the other defendants.

Immediately following is the recap of the findings in a nutshell, but below the text of this post is a complete copy of the appeal and findings for all defendants.  The appeal has a good overview of trial details and the appeals for Jose Trevino and Garcia Solis.

These findings are for the money laundering case, the guilty conviction for the bribery attempt stands.  Pancho, his son and business partner all plead guilty to bribing the Federal Court judge in the money laundering case, offering 1 million dollars in exchange for a light sentence.

I am sure he is kicking himself over that move, after winning his appeal.

Findings of the court:

The government repeatedly argued that, because Colorado purchased horses with funds from his company, ADT, and ADT was started with drug money in 2003 and 2004, Colorado therefore knowingly purchased horses in furtherance of the money-laundering conspiracy. But the horse-racing money-laundering conspiracy did not begin until 2008. Accordingly, our review of the record reveals no evidence from which a reasonable factfinder could trace Colorado's horse purchases to illegal proceeds—or to illegal proceeds that had been commingled with legitimate funds.

At best, the evidence shows that Colorado purchased 121 horses on behalf of conspiracy members using ADT funds and that he was closely associated with members of Los Zetas. While this might be evidence from which a properly instructed jury could infer that Colorado knowingly joined the money-laundering conspiracy—an issue on which we express no opinion—we cannot say "beyond a reasonable doubt that the jury verdict would have been the same absent the erro[neous]'" jury instruction given in this case.

This is particularly so given that the government's expert witness specifically testified that Colorado "commingled personal and business" funds and expenses: a confused jury may have inferred from this testimony together with the erroneous instruction that the jury was obligated to infer from this evidence an intent to conceal.

Therefore, the district court abused its discretion in giving the commingling jury instruction it gave. The error was harmless as to Jose Trevino and Garcia–Solis. Because of the centrality of the commingling issue to Colorado's conviction and the weak circumstantial evidence of his guilt, we cannot conclude beyond a reasonable doubt that the jury verdict would have been the same as to Colorado had the jury been properly instructed.  Accordingly, we affirm the convictions of Jose Trevino and Garcia–Solis, but we vacate the conviction of Colorado.

Since we vacate Colorado's conviction because the jury was improperly and harmfully instructed, we need not and do not address his challenges to the sentence and to the money judgment

Narco-terrorism doesn't exit: Jalisco Government

Posted: 08 May 2015 02:38 AM PDT

Translated by Otis B Fly-Wheel for Borderland Beat from a Zetatijuana article

[ Subject Matter: CJNG, PGR, Jalisco
Recommendation: Some knowledge of recent events in Jalisco would be useful, see Lucio R article]

Reporter: Luis Carlos Sainz Matinez and cortesia
The Government of Jalisco denied that the violence by members of organized crime at the start of May, in Guadalajara and other Municipalities as acts of narco-terrorism, since that term does not fit in  any current legal form.

After a press conference, the institution signalled that the blockades put up at various points of the State, " corresponds to acts of vandalism", planned by criminals, some of which were detained and put at the disposition of PGR, in order to be investigated for the crimes of terrorism and organized criminal behaviour.

The information supplied by the Directorate of Social Communication detailed that the word narco-terrorism "does not exist according to the Royal Academy of Language, to utilise the jargon used by these criminal groups would implicate that it falls into a criminal apology.

"It's because of them that the Government of Jalisco doesn't employ and will not employ the term " narco-terrorism", explains the eager Government news letter. He adds that to discard the word " does not, at all, minimise the gravity of events in Jalisco.

In four paragraphs the Government is dedicated to semantically clarify the difference used to describe the criminal actions that generated fear amongst the population and prompted the state to activate a "Code Red" alert.

In the last paragraph the Jalisco Government gratefully acknowledges the support you are giving the Federal Forces as part of Operation Jalisco, to stop the criminal group whose name is not mentioned and that is the Cartel Jalisco Nueva Generacion.

Original article in Spanish at Zetatijuana

Zetas radio transmission from Nuevo Leon Police kidnapping incident

Posted: 08 May 2015 02:11 AM PDT

Audio translation by "Nelson J" from an audio recording published by Narco Violencia

[ Subject Matter: Los Zetas, Police, Mexican Army
Recommendation: Read my article on the police abduction see link]

Otis: Big shout to Nelson J for translating this audio. Not an easy job as the audio was poor quality. Thanks also to Chivis the legend for giving me the heads up on this.

The recording below was captured and posted to VPT. It is between Los Zetas sicarios taunting Military and the Police after capturing a Police patrol on the Nuevo Leon - Tamaulipas border

Radio frequency of Los Zetas where they threaten Civil Force of Nuevo Leon

Apparently Los Zetas were transmitting on Military frequencies or vice versa

Zeta: come in, come in commander.
(background military talking): oh shit its him talking.

Zeta: you guys want me to confiscate your patrol cars commander?

Military: we're on our way over there.

Zeta: What's up with the patrol cars that you sent over here? I riddled them with bullets.

Military: We're going over.

Zeta: fucking poor scumbag soldiers that you're sending over here not even ammo nor magazines do they? you guys should be ashamed cause you're sending them over here to face death.

Military: Patience, patience we're on our way.

Zeta: Ok, I got the missile ready if you wanna fight.

(background military talking): oh shit

Zeta 2: We're gonna do a complete mission and with backup.

Military: Patience asshole we're going.

Zeta: Do what the fuck you want cause I can defend myself for battle and I'm gonna leave you here an element that I found and I had to kill him, the one you sent over here to Tamaulipas.

Zeta: And have a nice day, but don't bother me.

Military: Stay there asshole.

Zeta 3: a girl: 111

Military: We're going over don't leave.

Zeta: What you want me for? I'm fucking leaving I'm ashamed of you guys. I don't want problems with the Marines, Military, with no one I'm just here to protect my people just like you do for your men.

Military 2: You're an asshole, scary ass piece of shit.

Military 2: The scary ass piece of shit is your men.

Military 3: That's what I thought piece of shit that's what I liked you for.

Military 2: You said you were a big shit, confront us you asshole you're a fucking coward.

Zeta: What's happening is that you're just a commander giving orders while you're asleep, but fuck you guys I don't land in no ones trap god bless you all and all the Golfos( cartel del golfo) that you guys work for I'm Zetas cartel so you can know and I'm the new commander and everyones commander I'm running this shit.

Military 2: Fuck you you troublesome addict.

Military 1: Time will fall in its place we'll confront each other just have patience.

Original recording in Spanish at youtube

H&K, Illegally Exported Weapons to Mexico

Posted: 08 May 2015 05:51 AM PDT

German weapon in action
Translated by Valor for Borderland Beat
An investigation by the Customs Criminal Office (ZKA) in the German city of Cologne determined that the German arms manufacturer, Heckler and Koch, sent thousands of weapons to Mexico illegally, local media reported.

Those responsible at the company "caused, promoted, or at least authorized" the illegal exports, according to a report from the customs research office as quoted by Süddeutsche Zeitung (German newspaper) in its Friday edition and by the radio broadcasters NDR and WDR.

A spokeswoman for the public prosecutor's office responsible for the case in Stuttgart (German city) confirmed today that the report was submitted in September 2014 and said that the authorities will decide on the case in the coming months.
H&K G36

According to the report, Heckler & Koch sold 9,472 type G36 rifles to Mexico between 2003 and 2011, of which 4,767 were sent to the states of Jalisco, Guerrero, Chiapas, and Chihuahua, without official authorization.

The customs investigators suggest that a lawsuit will be brought against five former executives and employees of the company for the violation of the control of war arms and the violation of foreign trade law.  They also suggest that the arms manufacturer pay a fine of 3 million euros ($3,371,220 USD), the figure obtained by Heckler & Koch for the illegal sales.

Source: La Jornada

Vallarta at the crossroads, the balance of labour day

Posted: 07 May 2015 11:23 PM PDT

Translated by Otis B Fly-Wheel for Borderland Beat from a Guadalajara 3.0 article

[ Subject Matter: Vallarta, CJNG
Recommendation: Some knowledge of recent events in Jalisco would be useful]

Reporter: Roberto Almaguer Vega


In the most serious attack that Puerto Vallarta has had to date, social networking demonstrated its enormous value as a mechanism of communication and its usefulness in cases of insecurity. The vast majority of citizens learned through this tool that something big was happening in the city, neither television nor radio had full-time live information.
On TV (just in case) there was something in the national news referring to Jalisco as a whole, and the radio coverage was very absent. It is highlighting the vocation and work that several professional communicators from Vallarta played, which, in many cases, thanks to your timely alerts, allowed people to stay well informed.

The rumor mill
There was no shortage of course of unfounded rumors, which only serve to increase the collective psychosis; fighting, bullets, persecutions which in the case of Puerto Vallarta, fortunately, were false. Among the most chilling is "they're getting into the houses in Aramara" or a recording in which the voice of a young man "was announcing" that the negotiations between traffickers and the Government were not going well, now yes, there would be a slaughter in form of repayment.

Social networks also proliferated, with false images which were intended to pass as current. Television Azteca transmitted in its newscast night of national coverage, images of the attack on 7 April, of the convoy of the single force in San Sebastian, showing images of the incinerated pickups and the corpses, while they talked about the helicopter attacked this Mayday in Casimiro Castillo.

Collateral damage

Of course that draws attention and says much that none of the attacks are directed physically at the population; the Cartel Jalisco Nueva Generacion's messages that emphasized: "We apologize to the public and want you to understand that we are not against you, but against the Government" because, they say, that authorities have been paid to do it by one of the rival cartels...

However, there is no need to go with the feint; the climate of psychosis and fear and anguish has already caused damage to the population, as there will be a reduction in tourism and the economic downturn as a result of the attacks (the US State Department already issued a Warning to prevent its citizens from visiting Puerto Vallarta).
In addition, they have set fire to businesses, vehicles and gas stations, this is not child's play; it is a flagrant Act of destruction at anytime cross-fire could have caused an explosion that could have resulted in significant casualties among the civilian population. (What would have happened if the fire caused at the HSBC had extended to hotel Suites del Sol built on the Bank branch?)

More Papists than the Pope

Commendable, was undoubtedly the immediate reaction of major sectors of the community to come together around a message: Vallarta is standing and is bigger than their problems; especially notable was the case of departmental LANS shop the same day as they suffered a clumsy arsonist attack, the owners announced to their customers that its doors were open and still standing for his great night sale.
Welcomed also were the messages whose purpose was to reassure family and friends who live outside the municipality; "Vallarta is quiet and working, the emergency is over, we go forward," but also noteworthy was the harshness of those bothered with the media by the alarming information circular; enraged "because it was damaging the image of Vallarta" they sought to silence the Messenger, with an anger that one could say that journalists were those who placed incendiary bombs. The best (and only) way to avoid that a city has reputation for danger is, simply, that it is safe. Not to cover the Sun with a finger.

A planned and coordinated attack

Again Joaquín López Dóriga lied in seeking to make us believe that the attacks occurred as a sudden and immediate response from traffickers against the operation of the Government to capture their bonnets.
What happened in Puerto Vallarta, Guadalajara, and in other municipalities in the State and even in nearby States was a complex, carefully orchestrated operation, which included planning, strategies, human resources and materials and yes, sadly there are many indications that allow us to deduce that he also drew complicity from the Government's own security apparatus.

What's next?
It is time to take careful stock of the damage and face the new reality that we unveiled the first of may of 2015 as a society. We reached the destination; the name of Vallarta and Jalisco are already next to Guerrero, Michoacán, Tamaulipas, etc. No longer is it a case of asking how it got here, but how to get rid of it.
Of course the Puerto Vallarta municipal President lacked the experience to lead during the ravages of the crisis. In a situation like this it is clear the brutal negligence of the elected municipal President to have left in place the one who stopped.
Original article in Spanish at Guadalajara 3.0

PGR will decide in one week if they are going to free Dr Mireles Valverde

Posted: 07 May 2015 06:48 AM PDT

Translated by Otis B Fly-Wheel for Borderland Beat from a Milenio article

[ Subject Matter: Dr Mireles, PGR
Recommendation: Some knowledge of subject matter would be useful]

The National President of the Citizens Movement, Dante Delgado, said that if the PGR do not desist from the accusations against the ex-autodefensa, they will commence legal action against Alfredo Castillo Cervantes.

Reporter: Ruben Mosso
The Prosecutor General of the Republic has asked for a week more to determine if he will desist or not in the penal action against the founder of the autodefensas of Tepalcatepec, Michoacan, Jose Manuel Mireles Valverde, informed the National President of the Citizens Movement Party, Dante Delgado.

He hinted that if the PGR do not desist from their accusations or carrying arms for exclusive use by the armed forces, they will commence legal action at an international and national level against Alfredo Castillo Cervantes, who was the Commissioner for Security and Internal Development of Michoacan, and who arranged that Dr Mireles be imprisoned.

In an interview at the end of a meeting with the Sub-prosecutor of Regional Control, of procedures penal and amparo, Gilberto Higuera renal, Dante assures that there exists the political will to revise the background of Dr Mireles case.

He also commented that the ex autodefensa was detained in an arbitrary manner and that authorities fabricated proof against him in order to move him to a prison in Sonora, where he has been for 10 months.

Next week, the PGR will decide if the institution will permit or not will be released for good from Prison.

Dante Delgado said that the meeting, could not be attended by the Prosecutor General Arely Gomez.

Later, in a matter of minutes, he will have a meeting with the sub Prosecutor General specialising in investigation of criminal organisations, Felipe de Jesus Munoz, with whom he will discuss various aspects of Security in Michoacan.

Original article in Spanish at Milenio

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