FEDERAL INDICTMENT GUZMAN AND ASSOCIATES, NEW YORK, JULY 2009.pdf

8/14/2019 FEDERAL INDICTMENT GUZMAN AND ASSOCIATES, NEW YORK, JULY 2009.pdf

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MLM:CP:AGF. N o. 2009R01065/OCDETF # NYNYE-616

UNITED STATES DISTRICT COURTEASTERN DISTRICT OF NEW YORK- - - -X

IN LERKS OFFI EU.S. DISTRICT COURT E.D.N.Y

* J U L 10 2 9 *

BROOKLYN OFFICE

UNITED STATES OF AMERICA

- against -

ARTURO BELTRAN-LEYVA,HECTOR BELTRAN-LEYVA,IGNACIO CORONEL VILLAREAL,

also known as "El Nacho,"JOAQUIN GUZMAN-LOERA,

also known as "El Chapo,"ISMAEL ZAMBADA-GARCIA,

also known as "El Mayo," andJESUS ZAMBADA-GARCIA,also known as "El Rey,"

Defendants.

I N D I C T M E N T

cr. No.

(T. 2 1, U.S.C. 848 (a) ,848(b)/ 8 48 ( c ) ,' 853 (p) ,959(a), 959(c), 9 60 ( a) ( 3) ,960(b)(1)(B)(ii) and 963 ;T. 18, U.S.C., 2 and3551 et seq.)

THE GRAND JURY CHARGES:

INTRODUCTION

At all times relevant to this Indictment, unless

otherwise indicated:

1. Since the 1990s , the Mexican Federa tion, a lso

known as the "Federation," "La Federacion," the "Sinaloa Cartel"

and the "Alliance," has existed as an organized crime syndicate

founded upon longstanding relationships between Mexico's major

drug trafficking kingpins. The Federation has functioned as a

council with representatives from the respective drug trafficking

organizations of its principal leaders, the defendants ARTURO

BELTRAN-LEYVA and his brother HECTOR BELTRAN-LEYVA, IGNACIO

CORONEL VILLAREAL, also known as "El Nacho," JOAQUIN


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GUZMAN-LOERA, also known as "El Chapo," ISMAEL ZAMBADA-GARCIA,

also known as "El Mayo," and his brother JESUS ZAMBADA-GARCIA,

also known as "El Rey," and othe rs.

2. Th e Federa ti on o p era t ed throu gh co op erat iv e

arrangements and close coordinat ion with South American cocaine

sources of supply. Through a network of corrup t po l ice and

poli t ical contacts, the Federat ion directed a large-scale

narcotics transportat ion network involving the use of land, air

and sea transportat ion assets, shipping mult i- ton quanti t ies of

cocaine from South America, thro ugh Central America and Mexico,

and f inally into the United S tates . Whi le at t imes there have

been rif ts and in-fighting among the leaders of the Federation,

historical ly they coordinated their criminal act ivi ties, shared

and control led Mexico 's traff icking routes, resolved confl icts

over terri tory, minimized inter-organizat ion violence and ensure

their common poli t ical and judicial protect ion.

3. The d efen dant s ARTURO BELTRAN-LEYVA, HECTOR

BELTRAN-LEYVA, IGNACIO CORONEL VILLA REAL, JOAQUIN GUZMAN-LOERA,

ISMAEL ZAMBADA-GARCIA and JESUS ZAMBADA-GARCIA employed

"sicarios," or hitmen, who carried out hundreds of acts of

violence, including murders, kidna pings, tortures and violent

collect ions of drug debts, at their direct ion.


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COUNT ONE{Continuing Criminal Enterprise)

4. The a ll eg at io ns con ta in ed in p arag raph s o ne

through three are realleged and incorporated as if fully set

forth in this paragraph.

5. On or about and between January 1,.1990 and April

30, 2 00 5 , both dates being approximate and inclusive, within the

Eastern District of New York and elsewhere, the defendants ARTURO

BELTRAN-LEYVA, HECTOR BELTRAN-LEYVA, IGNACIO CORONEL VILLAREAL,

also known as "El Nacho," JOAQUIN GUZMAN-LOERA, also known as "El

Chapo," ISMAEL ZAMBADA-GARCIA, also known as "El Mayo," and JESUS

ZAMBADA-GARCIA, also known a s "El Rey," together with others, did

knowingly and intentionally engage in a continuing criminal

enterprise, in that the defendants ARTURO BELTRAN-LEYVA, HECTOR

BELTRAN-LEYVA, IGNACIO CORONEL VILLAREAL , JOAQUIN GUZMAN-LOERA,

ISMAEL ZAMBADA-GARCIA and JESUS ZAMBADA-GARCIA committedviolations of Title 21 , United States Code, Sections 9 52 (a ),

959(a) , 960 and 963, including Violat ions One through Seven set

forth below, which violations were part of a continuing series of

violations of those statutes undertaken by the defendants ARTURO


JOAQUIN GUZMAN-LOERA, ISMAEL ZAMBADA-GARCIA and JESUS

ZAMBADA-GARCIA, in concert with five or more other persons, with

respect to whom the defendants ARTURO BELTRAN-LEYVA, HECTOR

BELTRAN-LEYVA, IGNACIO CORONEL VILLAREAL , JOAQUIN GUZMAN-LOERA,

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ISMAEL ZAMBADA-GARCIA and JESUS ZAMBADA-GARCIA occupied

supervisory and management positions, and were principal

administrators, organizers and leaders of the continuing criminal

enterprise, and from which continuing series of violations the

defendants ARTURO BELTRAN-LEYVA, HECTOR BELTRAN-LEYVA, IGNACIO

CORONEL VILLAREAL, JOAQUIN GUZMAN-LOERA, ISMAEL ZAMBADA-GARCIA

and JESUS ZAMBADA-GARCIA obtained substantial income and

resources, in excess of $10 million in gross receipts during a

twelve-month period for the manufacture, importation and

distr ibution of cocaine. Each violat ion involved at least 300

times the quantity of a substance described in Section

841(b)(1)(B) of Title 21, United States Code, to wit: 150

ki lograms or more of a substance containing cocaine. The

continuing series of violations, as defined by Title 21, United

States Code, Section 848(c) , included Violat ions One through

Seven set forth below.

Violat ion One(International Cocaine Distribution

Approximately 84,000 Kilograms of Cocaine)

6. On or about and between January 1, 1990 and

January 31, 1995, both dates being approximate and inclusive,

within the Eastern District of New York and elsewhere, the


CORONEL VILLAREAL, JOAQUIN GUZMAN-LOERA, ISMAEL ZAMBADA-GARCIA '

and JESUS ZAMBADA-GARCIA, together with othe rs, did knowingly and


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intentionally distr ibute a control led substance, intending and

knowing that such substance would be unlawfully imported into the

United States from a place outside thereof, which offense

involved five kilograms or more of a substance containing

cocaine, a Schedule II controlled substance, in violat ion of

Tit le 21, United States Code, Sections 959 (a ) , 959( c ), 9 60 (a )(3)

an d 960 (b )(1)(B) (ii) , and Tit le 18, United States Code, Section

2.

Violat ion Two

(International Cocaine Dist ribution


7. On or abo ut and b e tween Ap ri l 1, 20 03 an d Ap ri l

30, 2003, both dates being approximate and inclusive, within the

Eastern Distr ict of New York and elsewhere, the defendants ARTURO


JOAQUIN GUZMAN-LOERA, ISMAEL ZAMBADA-GARCIA and JESUS ZAMBADA

GARCIA, together with others, did knowingly and intentionally

distr ibute a controlled substance, intending and knowing that

such substance would be unlawfully imported into the United

States from a place outside thereof, which offense involved five

kilograms or more of a substance containing cocaine, a Schedule

II controlled substance, in violat ion of Tit le 21, United States

Code, Sections 959 ( a ) , 95 9 ( c) , 960(a)(3) and 960(b)(1)(B)(i i ) ,

and Tit le 18, United States Code, Section 2.

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Violat ion Three(International Cocaine Distribution


8. On or ab ou t an d b etween March 1, 2 00 4 and Ap ri l




JOAQUIN GUZMAN-LOERA, ISMAEL ZAMBADA-GARCIA and JESUS ZAMBADA

GARCIA, together with others, did knowingly and intentionally

distribute a controlled substance, intending and knowing that

such substance would be unlawfully imported into the United

States from a place outside thereof, which offense involved five


II control led substance, in violat ion of Tit le 21, United States

Code, Sections 959(a) , 959(c), 960(a)(3) and 960(b)(1)(B)( ii),

and Title 18 , United States Code, Section 2.

Violat ion Four(Attempted International Cocaine Dis tribution


9. On or ab ou t and be tween Septemb er 1 , 20 04 an d

September 30, 2004, both dates being approximate and inclusive,

within the-extraterritorial jurisdict ion of the United States,

the defendants ARTURO BELTRAN-LEYVA, HECTOR BELTRAN-LEYVA,

IGNACIO CORONEL VILLAREAL, JOAQUIN GUZMAN-LOERA, ISMAEL

ZAMBADA-GARCIA and JESUS ZAMBADA-GARCIA, together with others,

did knowingly and intentionally distr ibute and attempt to

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Violat ion Six(International Cocaine Distri bution


11 . On or about and between January 1, 2004 and

December 31, 2004, both dates being approximate and inclusive,

within the Eastern District of New York and elsewhere, the


CORONEL VILLAREAL, JOAQUIN GUZMAN-LOERA, ISMAEL ZAMBADA-GARCIA

and JESUS ZAMBADA-GARCIA, together with others, did knowingly and

intentionally distribute a controlled substance, intending and

knowing that such substance would be unla wfully imported into the



cocaine, a Schedule II controlled substance, in violation of

Title 21, United States Code, Sections 959(a) , 959(c) , 960(a)(3)

an d 96 0(b)(1)(B) (ii), and Tit le 18, United States Code, Section

2.

Violat ion Seven(Attempted International Cocaine Distribution


12 . On or about and between January 1, 2005 and

January 31, 2005, bo th dates being approximate and inclusive,

within the extraterritorial jurisdiction of the United States,the defendants ARTURO BELTRAN-LEYVA, HECTOR BELTRAN-LEYVA,

IGNACIO CORONEL VILLAREAL, JOAQUIN GUZMAN-LOERA, ISMAEL

ZAMBADA-GARCIA and JESUS ZAMBADA-GARCIA, together with others,

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thereof, which offense involved five kilograms or more of a

substance containing cocaine, a Schedule II control led substance,

in violat ion of Tit le 2 1, United States Code, Section 959(a) .

(Title 21, United States Code, Sections 9 59 (c ),

960(a)(3), 960(b)(1)(B)(i i ) and 963; Tit le 18, United States

Code, Sec tio ns 3551 et,seq.)

COUNT THREE(International Distribution of Cocaine


15. The a ll eg at io ns con ta in ed in p arag raph s o ne

through three are real leged and incorporated as if ful ly set


16. On or about and between January 1, 1990 and

January 31, 1995, both dates being approximate and inclusive,

within the Eastern Distr ict of New York and elsewhere, the


CORONEL VILLAREAL, also known as "El Nacho," JOAQUIN

GUZMAN-LOERA, also known as "El Chapo, " ISMAEL ZAMBADA-GARCIA,

also known as "El Mayo," and JESUS ZAMBADA-GARCIA, also known as

"El Rey," together with others, did knowingly and intentionally

distr ibute a control led substance, intending and knowing that

such substance would be unlawfully imported into the UnitedStates from a place outside thereof, which offense involved five

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II control led substance.

(Title 21 , United States Code, Sections 9 59 ( a) , 959( c ),

960(a)(3) and 960(b) (1)(B) (ii); Title 18, United States Code,

Sections 2 and 3551 et seq.)

COUNT FOUR(International Distribution of Cocaine


17. The a ll eg at io ns con ta ined in p arag raph s o ne

through three are real leged and incorporated as if fully set


18. On or about and between Apri l 1 , 2003 and Apri l


Eastern District of New York and elsewhere, the defendants ARTURO

BELTRAN-LEYVA, HECTOR BELTRAN-LEYV A, IGNACIO CORONEL VILLAREAL,

also known as "El Nacho," JOAQUIN GUZMAN-LOERA, also known as "ElChapo," ISMAEL ZAMBADA-GARCIA, also known as "El Mayo," and JESUS

ZAMBADA-GARCIA, also known as "El Rey," together with others, did

knowingly and intentionally distr ibute a control led substance,

intending and knowing that such substance would be unlawfully

imported into the United States from a place outside thereof,

which offense involved five kilograms or more of a substancecontaining cocaine, a Schedule II control led substance.

(Title 21, United States Code, Sections 95 9( a) , 959(c)',

960(a)(3) and 960(b) (1)(B) (ii); Title 18, United States Code,

Sect ions 2 an d 3551 et,seq.)

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COUNT FIVE{International Distribution of Cocaine


19 . The al lega t io ns con ta in ed in p arag raph s o nethrough three are real leged and incorporated as if ful ly set


20. On or about and between March 1 , 2004 and Apri l

30, 2004 , both dates being approximate and inclusive, within the


BELTRAN-LEYVA, HECTOR BELTRAN-LEYVA, IGNACIO CORONEL VILLAREAL,also known as "El Nacho," JOAQUIN GUZMAN-LOERA, also known as "El

Chapo," ISMAEL ZAMBADA-GARCIA, also known as "El Mayo," and JESUS

ZAMBADA-GARCIA, also known as "El Rey," together with others, did

knowingly and intentionally distr ibute a control led substance,

intending and knowing that such substance would be unlawfully

imported into the United States from a place outside thereof,which offense involved five kilograms or more of a substance

containing cocaine, a Schedule II control led substance.

(Title 21, United States Code, Sections 959(a) , 959(c),

96 0( a) (3) and 960(b)(1)(B) (ii); Title 18, United States Code,

Sections 2 and 3551 et seq.)

COUNT SIX(Attempted International Distr ibuti on of Cocaine


21 . T he a ll eg at io ns c on ta in ed i n p ar ag ra ph s one


forth in this paragraph.-12


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22 . On or about and between September 1 , 2004 and


within the extraterritorial jurisdiction of the United States,


IGNACIO CORONEL VILLAREAL, also known as "El Nacho," JOAQUIN




at tempt to distribute a control led substance, intending and




cocaine, a Schedule II control led substance, in violat ion of

Tit le 21, United States Code, Section 959(a) .

(Title 21, United States Code, Sections 959( c ),

960(a)(3), 960(b)(1)(B)(i i ) and 963; Title 18, United States

Code, Sections 2 and 3551 et seg . )

COUNT SEVEN(Attempted International Distribution of Cocaine


23. The al lega tion s con ta in ed in p aragraph s o ne

through three are realleged and incorporated as if fully setforth in this paragraph.

24. On or about and between September 1 , 2004 and


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within the extraterritorial jurisdiction of the United Stat es,


IGNACIO CORONEL VILLAREAL, also known as "El Nacho," JOAQUIN




at tempt to distr ibute a control led substance, intending and





Tit le 21 , United States Code, Section 959(a).

(Title 21, United States Code, Sections 9 5 9(c) ,

960(a)(3) , 960(b)(1)(B)(i i ) and 963; Title 18, United States

Code, Secti ons 2 and 3551 et.seq.)

COUNT EIGHT(International Distribution of Cocaine


25 . The a ll eg at ion s con ta in ed in p arag rap hs o ne



26 . On or about and between January 1 , 2004 and

December 31, 2004, both dates being approximate and inclusive,

within the Eastern Distr ict of New York and elsewhere, the


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C O RO N EL V I L L A R E AL , a l s o k n o w n a s " El N a c h o , " J O A Q U I N

G U Z MA N - LO E R A, a l s o k n o w n a s " El C h a p o , " I S M AE L Z A M BA D A -G A R CI A ,

a l s o k n o w n a s " El M a y o , " a n d J E S U S Z A M B A D A - G A R C IA , a l s o k n o w n a s

"El R ey, " t o g et h e r w i t h o t h e r s , d i d k n o w i n gl y a n d i n te n ti o na l l y

d i s tr i b ut e a c o n t r o l l ed s u b s ta n c e , i n t en d in g a n d k n o w i n g t h at

s u ch s u bs t a nc e w o u ld b e u n l a wf u l l y i m p or t ed i n to t h e U n i t ed

S t at e s f r om a p la c e o u t si d e t h e r e o f, w h i c h o f f e ns e i n vo l ve d f iv e

k i l o gr a m s o r m o r e o f a s u b st a n ce c o nt a i ni n g c o c ai n e , a S c h ed u le

I I c o n t r ol l e d s u b s t a nc e .

( Ti tl e 2 1 , U n i t e d S t a t e s C o d e , S e c t i o n s 9 5 9( a ), 9 59 (c ) ,

9 6 0 (a ) ( 3 ) a n d 9 6 0 ( b ) ( 1 ) ( B ) ( i i ) ; T i t l e 1 8 , U n i t e d S t a t e s C o d e ,

Sec t io ns 2 a nd 355 1 et. seq . )

C O U NT N I N E( A tt e mp t ed I n t e r n a t i o n a l D i s t r i b u t i o n o f C o c a i n e

A p p r o x i m a t e l y 3,200 K i l o g r a m s o f C o c ai n e )

2 7 . T he a l l eg at io ns c on ta in ed i n pa ra gr ap hs o ne

t h ro u gh t h re e a r e r e a l l eg e d a n d i n c or p o ra t e d a s if f u l ly s et

f o r t h i n t h i s p a r a g r a p h .

28.- O n o r a b o ut a n d b e t w e e n J a n u a r y 1, 2 0 05 a n d

J a n ua r y 3 1 , 2 0 0 5 , b o t h d a te s b e i n g a p p r o xi m a t e a n d i n cl u s iv e ,

w i t h i n t h e e x t r a t e r r i t o r i a l j u r i s d i c t i o n o f t h e U n i t e d S t a t e s ,

t he d e f en d a nt s A RT U R O B E LT R AN - L E Y VA , H E C T O R B E LTR A N - LE Y VA,

I G NA C IO C O R ON E L V I L L A R E A L , a l s o k n o w n a s " El N a c h o , " J O A QU I N

G U Z MA N - LO E R A, a l s o k n o w n a s " El C h a po , " I S M AE L Z A M BA D A- G AR C IA , '

a l s o k n o w n a s " El M a y o , " a n d J E S U S Z A M B A D A - G A R C I A , a l s o k n o w n a s

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at tempt to distribute a control led substance, intending and





Tit le 21, United States Code, Section 9 59( a ).

(Title 21, United States Code, Sections 9 59 (c ),

960(a)(3), 960(b)(1)(B)(i i ) and 963; Tit le 18, United States

Code, Sections 2 and 3551 et seg,)

CRIMINAL FORFEITURE ALLEGATION AS TO COUNT ONE(Continuing Criminal Enterprise)

29. The Uni ted States hereby gives not ice to the

defendants charged in Count One that, upon convict ion of such

offense, the government will seek forfeiture in accordance with

Tit le 21, United States Code, Section 853, which requires anyperson convicted of such offense to forfei t any property

constituting, or de rived from, proceeds obtained, directly or

indirectly, and any proper ty used, or intended to be used, in any

manne r or part , to c ommit, or to facilitate the commission of,

such offense, and any of their interest in, claims against, and

property or contractual r ights affording a source of controlover, the continuing criminal enterprise, including but not

limited to at least approximately a sum of money equal to $4

bil l ion in United States currency.

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30. If any of the above-described forfeitable

property, as a result of any act or omission of the defendants:

(a) c an no t be l o c a t e d u p o n the e x e r c i s e of due

d i l i g e n c e ;

(b) has b e e n t r a n s f e r r e d or s o l d to, or d e p o s i t e d

w i t h , a t h i r d p a r t y ;

(c) has b e e n p l a c e d b e y o n d the j u r i s d i c t i o n of

t h e c o u r t ;

(d) ha s b e e n s u b s t a n t i a l ly d i m i n i s h e d in value;

or

(e) ha s b e e n c o m m i n g l e d w i t h o t h e r p r o p e r t y w h i c h

c a n n o t be d iv i d ed w i t ho u t d i f f ic u l t y;

it is the in ten t of the U n i t e d S t a t e s , p u r s u a n t to Ti t l e 21,

U n i t e d S t a t es C o d e , S e c t i o n 8 5 3( p ), to s e e k f o r f e i t ur e of any

o t h e r p r o p e r t y of the d e f e n d a n t s up to the v a l u e of the

f o r f ei t a b l e p r o p e r t y d e s c r i b e d in th i s f o r f e i t u r e a l l e g a ti o n .

{Title 21 , U n i t e d S t a t e s C o d e , S e c t i o n 853 (p))

C R I M I N A L F O R F E I T U R E A L L E G AT I O N AS TOC O U N T S TW O TH R OU G H N I N E

( I n te r na t i on a l C o c a in e Tr a f f i c k i n g )

31. The United States hereby gives notice to the

defendants charged in Counts Two through Nine that, upon

conviction of any such offense, the government will seek

forfeiture in accordance with Title 21, United States Code,

Section 853, which requires any person convicted of such offenses

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o the r p rope r ty o f the de fendants up to the value of the

fo r fe i tab le p rope r t y desc r ibed in th i s fo r fe itu re a l lega t ion .

(Tit le 2 1 , United Sta tes Co de, Sect ion 853(p))

A T R U E B I L L

B E N TO N J . C A M P B EL LU N I T ED S TATE S AT TO R N E YEASTERN DISTRICT OF NEW YORK

BY:ACTING UNITED STATES ATTORNEYPURSUANT T 28 C.F.R. 0.136

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