判例法数据库

参与有组织集团

犯罪

• 约定实施严重犯罪(共谋)

关键词

• 共谋

毒品犯罪

犯罪

• 分销/ 交付/ 发货/ 运输

所涉物质

• Cocaine

关键词

• 贸易和分销犯罪

United States of America v. Pedro Nel Rincon-Castillo, et al., No 1:17-cr-20547 (S.D. Fla. Jul. 28, 2017)

事实梗概

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.

判决日期:
2020-03-17
作者:
This case summary was prepared by Carl Vosloh during the ECPR-SGOC Summer School on Transnational Organised Crime 2021. This case summary has not been shared by the Government of the United States of America.

交叉问题

犯罪

详情

• 捲入到有组织犯罪集团 (第 2 条(a) CTOC)
• 發生跨一個(或多個)國際邊界(跨國)

所涉国家

哥伦比亚

美利坚合众国

多米尼加

海地

墨西哥

委内瑞拉玻利瓦尔共和国

责任

... 为了

• 既遂犯罪

... 根据

• 犯罪意图

... 作为涉及方

• 主犯

侦查

所涉机构

• Organized Crime Drug Enforcement Task Force (“OCDETF”) (USA)

关于….的没收和扣押

• 自本《公约》所涵盖的犯罪的犯罪所得

没收和扣押

评论

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."

 

特殊偵查手段

• 电子或其他形式监视
• 特殊偵查手段

评论

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. 

 

国际合作

所涉国家

哥伦比亚

美利坚合众国

措施

• 引渡
• 司法协助
• 联合侦查

概览

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).

 

电子证据

• 电子证据/数字证据

程序步骤

法律制度:
习惯法
最新的法院:
初审法院
诉讼类型:
刑事的
被告人的审讯:
与同案其他被告分拆处理(分拆案件审讯)
 
 
诉讼 #1:
  • 阶段:
    初审
  • 官方案件编号:
    United States of America v. Pedro Nel Rincon-Castillo, No 1:17-CR-20547-RS (S.D. Fla. Mar. 16, 2020)
  • 法院

    法院名称

    U.S. District Court for the Southern District of Florida

     
    • 刑事的

    地点

  • 城市/城镇:
    Miami
  • 省:
    Florida
  • 说明

    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.

     

    被告/ 初审被申请人

    被告:
    Pedro Nel Rincon-Castillo
    性别:
    年龄:
    53

    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.

    被告:
    Omar Josue Rincon-Castillo
    性别:
    年龄:
    50
    被告:
    Horacio De Jesus Triana-Romero
    性别:
    被告:
    Jose Rogelio Nieto-Molina
    性别:
    年龄:
    46
    被告:
    Gilberto Rincon-Castillo
    性别:

    指控/索赔/裁决

    被告:
    Pedro Nel Rincon-Castillo
    立法/法规/法典:

    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).

    指控详情:

    Conspiracy

    陪审团裁决:
    Guilty
    监禁期:
    19 岁 7 月份

    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. 

    罚金/向国家付款:
    100  USD 
    被告:
    Omar Josue Rincon-Castillo
    立法/法规/法典:

    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).

    指控详情:

    Conspiracy

    陪审团裁决:
    Guilty
    监禁期:
    17 岁 6 月份

    The term of imprisonment was ordered to be followed by five years of supervised release.

    被告:
    Horacio De Jesus Triana-Romero
    立法/法规/法典:

    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).

    指控详情:

    Conspiracy

    陪审团裁决:
    Guilty
    被告:
    Jose Rogelio Nieto-Molina
    立法/法规/法典:

    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).

    指控详情:

    Conspiracy

    监禁期:
    14 岁
    被告:
    Gilberto Rincon-Castillo
    立法/法规/法典:

    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).

    指控详情:

    Conspiracy

    陪审团裁决:
    Guilty

    法院

    U.S. District Court for the Southern District of Florida

    来源/引文

    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.