
This case involves the prosecution of members and leaders of “Clan Rincon,” one of the largest and most powerful emerald-mining families and criminal organizations in Boyacá, Colombia. Its principal leadership is composed of the brothers Pedro Nel Rincon-Castillo, Omar Josue Rincon-Castillo, and Gilberto Rincon-Castillo, part of the Rincon-Castillo family. They own emerald mines in Boyacá (most of the world’s emeralds come from Boyacá) and hold significant political and economic influence in the region. Other members of the Clan Rincon include Horacio De Jesus Triana-Romero, another well-known emerald mine owner and Jose Rogelio Nieto-Molina, former mayor of Coper, Boyacá.
During the early 2000s, the left-wing Revolutionary Armed Forces (Fuerzas Armadas Revolucionarias de Colombia, FARC) began to expand their territorial control into Boyacá, taxing cocoa farmers, drug laboratory owners, and emerald mine owners. Historically, emerald mine owners in the region, including the Clan Rincon, have sold minority shares to local drug traffickers or representatives at inflated prices for them to launder illicit proceeds in addition to receiving certain protection at the mines. Therefore, to address the FARC threat, the Clan Rincon engaged a minority shareholder Yesid Nieto that had relations with the right-wing paramilitary and drug trafficking group the United Self-Defense Forces of Colombia (Autodefensas Unidas de Colombia, AUC) to bring the AUC to repel FARC presence. Consequently, the AUC managed to fight off the FARC and in exchange for their continued protection services, the Clan Rincon proposed they could tax cocoa farmers and drug laboratory owners, excluding emerald mine owners. With this relationship in place, it facilitated drug laboratories and traffickers, including the Clan Rincon throughout 2002 to 2015 to produce cocaine under the protection of the AUC, which ultimately resulted in the exportation of thousands of kilograms for eventual entry in the United States of America.
On 28 July 2017, the aforementioned Clan Rincon members and in particular the leader Pedro Nel Rincon-Castillo, were indicted by the United States District Court of the Southern District of Florida. Defendants were indicted for their involvement in drug trafficking operations for the period 2002 throughout 2015, when they knowingly and wilfully conspired to distribute five (5) or more kilograms of cocaine to the United States of America – a controlled substance in Schedule II – in violation of Title 21, United States Code Section 960(b)(1)(B) and 963. They were later extradited from Colombia to the United States.
On 15 November 2019, Jose Rogelio Nieto-Molina was sentenced to 14 years in prison. On 6 January 2020, Pedro Nel Rincon-Castillo and his brother Omar he entered a guilty plea, and was convicted for conspiring to distribute cocaine. On 16 March 2020 they were sentenced to 19 years and seven months in prison and 17 years and six months respectively, both followed by 5 years of supervised released. Horacio De Jesus Triana-Romero and Gilberto Rincon-Castillo were scheduled to be sentenced on 28 April and 4 May 2020 respectively. At the time of writing no information on the sentences of these defendants is available.
The prosecution was part of Operation Money Badger in the United States. The United States District Court of the Southern District of Florida filed Motion for Rule 15 Depositions of two main witnesses, who provided key evidence linking the Clan Rincon leader Pedro Nel Rincon-Castillo to the alleged crime in the indictment. Information obtained from electronic surveillance such as phone records and text messages were also used.
The Government of Colombia and the United States of America cooperated on extraditing Pedro Nel Rincon-Castillo to the United States of America, conducting electronic surveillance in Colombia of Pedro Nel Rincon-Castillo, and interviewing deposition witnesses Victor Manuel Mateus Castañeda and Jose Flover Caro Caro, and DEA Officer Miller (expert on methods and routes of importation and distribution of cocaine).
U.S. District Court for the Southern District of Florida
Along with the other four defendants, Pedro Nel Rincon-Castillo, was indicted with one count of conspiring to distribute more than five kilograms of cocaine, intending, knowing, and having reasonable grounds to believe that such controlled substance would be unlawfully imported into the United States on 28 July 2017.
His arraignment was held on 2 August 2018. The Government was able to build its case using evidence primarily from two cooperating witnesses. They were able to confirm that the defendant directed one of them to provide security over a multi-year period for drug labs that produced thousands of kilograms of cocaine and the other cooperating witness confirmed on the Defendants ownership and control of multiple drug labs. Other witnesses corroborated to the evidence provided by these two main witnesses; in addition DEA Officer Miller served as an expert on methods and routes of importation and distribution of cocaine.
The defendant pleaded guilty on 6 January 2020 and was sentenced on 17 March 2020. He was sentenced to 19 years and seven months in prison, followed by five years of supervised release.
Prior to the Defendant’s extradition to the United States of America on 1 August 2018, he was serving a 20 year and 8-month prison sentence at the Ibagué Prison since 11 December 2014. He had been convicted of murder; manufacturing, trafficking, and carrying weapons and ammunition reserved for the use of the Armed Forces; and manufacturing, trafficking, and carrying weapons and ammunition under the custody of the Execution of Sentences and Precautionary Measures Court 1 in Ibague. He was also wanted by other judicial authorities in Colombia, including the Municipal Criminal Court 3 in Tunja, the Municipal Criminal Court 59 in Bogotá; the Municipal Criminal Court 2 in Chiquinquirá; and the Special Criminal Court 4 in Bogotá.
21 U.S.C. § 963
The defendant was charged with conspiracy to distribute cocaine with knowledge that it will be imported into the United States contrary to 21 U.S.C. § 595(a)(2).
Conspiracy
The defendant was given credit for the time he served in Colombia for his present crimes since his date of arrest on 18 October 2017. The term of imprisonment was ordered to be followed by five years of supervised release.
21 U.S.C. § 963
The defendant was charged with conspiracy to distribute cocaine with knowledge that it will be imported into the United States contrary to 21 U.S.C. § 595(a)(2).
Conspiracy
The term of imprisonment was ordered to be followed by five years of supervised release.
21 U.S.C. § 963
The defendant was charged with conspiracy to distribute cocaine with knowledge that it will be imported into the United States contrary to 21 U.S.C. § 595(a)(2).
Conspiracy
21 U.S.C. § 963
The defendant was charged with conspiracy to distribute cocaine with knowledge that it will be imported into the United States contrary to 21 U.S.C. § 595(a)(2).
Conspiracy
21 U.S.C. § 963
The defendant was charged with conspiracy to distribute cocaine with knowledge that it will be imported into the United States contrary to 21 U.S.C. § 595(a)(2).
Conspiracy
U.S. District Court for the Southern District of Florida
United States of America v. Pedro Nel Rincon-Castillo, et al., No 1:17-cr-20547 (S.D. Fla. Jul. 28, 2017)
United States of America v. Pedro Nel Rincon-Castillo, No 1:17-CR-20547-RS (S.D. Fla. Dec. 12, 2018)
United States of America v. Pedro Nel Rincon-Castillo, No 1:17-CR-20547-RS (S.D. Fla. Jul. 24, 2019)
United States of America v. Pedro Nel Rincon-Castillo, No 1:17-CR-20547-RS (S.D. Fla. Jan. 6, 2020)
United States of America v. Pedro Nel Rincon-Castillo, No 1:17-CR-20547-RS (S.D. Fla. Mar. 16, 2020)
U.S. Attorney’s Office, Southern District of Florida, “Leaders of Colombia’s “Clan Rincon” Sentenced to Prison Terms for Roles in International Drug Trafficking Conspiracy,” 17 March 2020.
Comments
The indictment sets out that, upon conviction, "the defendants shall forfeit to the United States any property constituting, or derived from , any proceeds the defendant obtained, directly or indirectly, as the result of such violation and any property which the defendants used, or intended to be used, in any m anner or part, to com m it, or to facilitate the com m ission of, such violation."