判例法数据库

毒品犯罪

犯罪

• 种植/ 生产/ 制造
• 提供/ 产品销售/ 销售/ 经纪业务
• 分销/ 交付/ 发货/ 运输

所涉物质

• Cocaine
• Heroin
• Marijuana
• Methampetamines

关键词

• 非法贩运
• 种植/生产/制造
• 贸易和分销犯罪
• 为生产、进出口或贩运而拥有的犯罪行为
• 组织、管理和资助毒品贩运

洗钱

犯罪

• 犯罪所得的转换/转移
• 犯罪所得的隐瞒/掩饰其性质/来源/地点
• 采集/持有/使用犯罪所得的

犯罪发源

• Drug trafficking

关键词

• 犯罪所得
• 扣押和没收
• 资产没收

参与有组织集团

犯罪

• 约定实施严重犯罪(共谋)
• 参加有组织犯罪集团的犯罪活动
• 组织、指挥、协助、教唆、便利或参谋实施涉及有组织犯罪集团的犯罪

关键词

• 共谋
• 组织/指导实施(严重)犯罪
• 犯罪团伙

贩运枪支

罪行

• 非法持有或携带

项目类别

• 枪支

United States of America vs. Joaquin Archivaldo Guzman Loera

事实梗概

The defendant, Joaquin Archivaldo Guzman Loera, also known as "El Chapo", was, since 1994, a leader of the Sinaloa Cartel alongside Ismael Zambada Garcia. The Sinaloa Cartel was one of the most powerful drug trafficking organisations in Mexico.

Guzman transported illicit drugs with the use of fishing boats, submarines, carbon fibre airplanes, trains with secret compartments and underground tunnels. Once the narcotics were in the United States, they were sold to wholesale distributors. Guzman then used various methods to launder billions of dollars of drug proceeds, including US-based insurance companies, reloadable debit cards, numerous shell companies, including a juice company and a fish flour company, and the smuggling cash in bulk from the United States to Mexico.

Guzman was arrested in 2016 in Mexico and was extradited in 2017 to the US where he was convicted of continuing criminal enterprise; possession, manufacture, or distribution of controlled substances; use of firearms; and laundering of monetary instruments and sentenced to life imprisonment on 17 July 2019.

评注和重要特点

The "El Chapo" case stands out both by the extent of Guzman's enterprise and by the difficulty in bringing him to justice. The manhunt for his capture started in 1993 and he was only convicted in 2019. El Chapo made the Sinaloa Cartel one of the biggest cartels in the world. The success of his enterprise relied on the diversification of the drugs it sold, its suppliers, its means to transport and smuggle the drugs and the expansion of his enterprise’s control over other countries. In the 2000s, in addition to cocaine, heroin and marijuana, Guzman commenced the distribution of methamphetamine. He then spread his influence over Pacific and Atlantic ports and to border towns between Mexico and the US and between Mexico and Guatemala; all highly strategic locations for the smuggling of drugs. He infiltrated other Central American countries such as Honduras, El Salvador, Costa Rica and Panama for the receipt of cocaine shipments. In those countries, he established small landing strips to facilitate the use of small planes for drug transportation. In addition to air transport, he diversified the ways of drug transportation to land, underground, and (under)water transportation. Furthermore, although Guzman used to have his cocaine supplied by Colombian cartels, he enlarged his array of supply countries to Ecuador and Venezuela, which allowed him to negotiate directly with the suppliers. As for methamphetamines, he bought precursor chemicals for producing it in African and Asian countries, including China and India.

Guzman’s cartel laundered the proceeds of its drug trafficking through US-based insurance companies, reloadable debit cards, numerous shell companies, including a juice company and a fish flour company and through the smuggling of cash in bulk from the US to Mexico.  To avoid apprehension, Guzman’s cartel used corrupt officials in Mexico to facilitate the safe transport of drugs and to protected his co-offenders from arrest and prosecution. Additionally, Guzman’s cartel systematically intimidated potential witness wishing to testify against him as well as former cartel members wanting to betray him. All these elements significantly complicated the task for law enforcement to bring him to justice. And, even if he got arrested in 1993, it did not prevent him from running his enterprise from the Mexican prison in which he was incarcerated. However, as soon as he learnt about his extradition to the US in 2001, he escaped a first time, supposedly in a laundry cart. As he gained more power over the years, the manhunt for his capture intensified and several raids were conducted in 2014 by Mexican law enforcement services and military. He escaped several of them thanks to escape hatches leading to an elaborate maze Guzman had constructed within Mexico city’s sewer system. He was eventually captured in February 2014, but he managed to escape a second time in July 2015. His final arrest took place in January 2016 and he was extradited to the US a year later, in January 2017.

判决日期:
2019-07-17

交叉问题

责任

... 为了

• 既遂犯罪

... 根据

• 犯罪意图

... 作为涉及方

• 主犯
• 组织者/指挥者

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

墨西哥

美利坚合众国

哥伦比亚

危地马拉

洪都拉斯

萨尔瓦多

格斯达里加

巴拿马

厄瓜多尔

委内瑞拉玻利瓦尔共和国

中国

印度

荷兰

多米尼加

侦查

所涉机构

• Drug Enforcement Administration
• Department of Homeland Security
• Homeland Security Investigations
• Federal Bureau of Investigation
• United States Marshals Service
• New York State Police
• New York Police Department
• Drug Enforcement Task Force
• US Immigration and Customs Enforcement
• Department of Justice Special Operations Divisions
• Organized Crime Drug Enforcement Task Force

没收和扣押

扣押的财产

Weapons and drugs

 

法律依据

See count 1 (drugs) and count 2 (arms)

 
  • 定罪依据:
    基于非定罪的没收
  • 特殊偵查手段

    • 特殊偵查手段
    • 电子或其他形式监视

    评论

    Law enforcement authorities gathered evidence through electronic surveillance which included recordings of Guzman's conversations during which he discussed specific drug transactions.

     

    国际合作

    所涉国家

    荷兰

    墨西哥

    厄瓜多尔

    多米尼加

    哥伦比亚

    美利坚合众国

    措施

    • 引渡
    • 国际执法合作(包括国际刑警组织)
    • 联合侦查

    概览

    Since the beginning of the manhunt against El Chapo in 1993, the raid and operations for his arrest were conducted by Mexican military and law enforcement authorities (both military and law enforcement). Following each of his arrests, he was detained in Mexican prisons. He first faced extradition to the US in 2001, but this did not take place because of his escape from custody.

    Substantive amounts of drugs and weapons were seized over the years by US, Colombian, Mexican and Ecuadorian authorities. In addition, the case was investigated by the US in cooperation with Mexican, Ecuadorian, Dutch, Dominican and Colombian law enforcement authorities.

    Finally, the extradition of Guzman from Mexico to the US involved substantial cooperation between US and Mexican authorities. Extradition eventually took place on 19 January 2017.

     

    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
     
    诉讼 #1:
  • 阶段:
    初审
  • 官方案件编号:
    United States of America v. Joaquin Archivaldo Guzman Loera
  • 裁决日期:
    Wed Jul 17 00:00:00 CEST 2019

    法院

    法院名称

    United States District Court Eastern District of New York

     

    地点

  • 城市/城镇:
    New York
  • 省:
    New York
  • • 刑事的

    说明

    Following his extradition on 19 January 2017, Guzman was scheduled to appear before the Court the next day. On 12 February 2019, a jury found Guzman guilty of all ten counts. He was sentenced on 17 July 2019 to life imprisonment plus 30 years.

     

    结果

  • 陪审团裁决:
    有罪
  • 被告/ 初审被申请人

    被告:
    Joaquin Archivaldo Guzman Loera
    性别:
    国籍:

    指控/索赔/裁决

    被告:
    Joaquin Archivaldo Guzman Loera
    立法/法规/法典:

    21 U.S.C. § 848(a), (b), and (c)

    指控详情:

    Continuing criminal enterprise

    陪审团裁决:
    Guilty
    立法/法规/法典:

    21 U.S.C. § 959(a)

    指控详情:

    Possession, manufacture, or distribution of controlled substances (manufacture or distribution for purpose of unlawful importation)

    陪审团裁决:
    Guilty
    立法/法规/法典:

    21 U.S.C. § 952(a)

    指控详情:

    Importation of controlled substances (controlled substances in schedule I or II and narcotic drugs in schedule III, IV or V)

    陪审团裁决:
    Guilty
    立法/法规/法典:

    21 U.S.C. § 952(a)

    指控详情:

    Importation of controlled substances (controlled substances in schedule I or II and narcotic drugs in schedule III, IV or V)

    陪审团裁决:
    Guilty
    立法/法规/法典:

    21 U.S.C. § 959(a)

    指控详情:

    Possession, manufacture, or distribution of controlled substances (manufacture or distribution for purpose of unlawful importation)

    陪审团裁决:
    Guilty
    立法/法规/法典:

    21 U.S.C. § 959(a)

    指控详情:

    Possession, manufacture, or distribution or controlled substances (manufacture or distribution for purpose of unlawful importation)

    陪审团裁决:
    Guilty
    立法/法规/法典:

    21 U.S.C. § 959(a)

    指控详情:

    Possession, manufacture or distribution of controlled substances (manufacture or distribution for purpose of unlawful importation)

    陪审团裁决:
    Guilty
    立法/法规/法典:

    21 U.S.C. § 959(a)

    指控详情:

    Possession, manufacture, or distribution of controlled substances (manufacture or distribution for purposes of unlawful importation)

    陪审团裁决:
    Guilty
    立法/法规/法典:

    18 U.S.C. § 924(c)(1)(A)

    指控详情:

    Use of firearm during and in relation to the commission of a crime of violence or drug trafficking crime

    陪审团裁决:
    Guilty
    立法/法规/法典:

    18 U.S.C. § 1956(a)(1)

    指控详情:

    Laundering of monetary instruments

    陪审团裁决:
    Guilty
    监禁期:
    无期徒刑

    For counts 1, 5, 6, 7 and 8, to run concurrently.

    罚金/向国家付款:
    700  USD  (Up to 10,000 USD)
    其他制裁:

    On the basis of 21 U.S.C. §§ 853(a) and 970, forfeiture of USD 12,666,191,704 as:

    (a) property constituting, or derived from, any proceeds obtained directly or indirectly as the result of the defendant's violations of 21 U.S.C. §§ 848(c), 846, 959 and 963;

    (b) property used or intended to be used, in any manner or part, to commit, or to facilitate the commission of such offenses;

    (c) any interest in, claims against, and property or contractual rights affording a source of control over, the continuing criminal enterprise; and/or

    (d) substitute assets, pursuant to 21 U.S.C. § 853(p);

    On the basis of 18 U.S.C. § 982(a)(1), to be concurrent to the forfeiture order above, USD 12,666,191,704 as property, real or personal, involved in the commission of money laundering, or any property traceable to such property, and/or as substitute assets.

    法院

    United States District Court for the Eastern District of New York

    来源/引文

    Press release: https://www.justice.gov/usao-edny/pr/joaquin-el-chapo-guzman-sinaloa-cartel-leader-sentenced-life-prison-plus-30-years

    Memorandum of Law for pre-trial detention: https://www.justice.gov/opa/press-release/file/929896/download