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The Marine Staff Sergeant
February, 2008 |
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I've chosen to keep this man's name masked: he is still
a Marine, although The Corps wants to make his life miserable
for being in the wrong place at the wrong time and, in the
process, suspend The Constitution's presumption of innocence:
A decorated recruiter (The Marines say: "The toughest
job in The Corps.") with a recent meritorious promotion,
he was contacted within the past year by a remote acquaintance
from his smallish hometown in a Central American country,
now living in another part of The United States. They got
together for a drink after work one day, and the visitor
went on his way.
In November of 2007, The Marine was contacted by a friend
of the first, also from their mutual hometown. This second
contact had vaguely known The Marine because of The Marine's
high-profile participation in Pan American and Olympic-level
athletics when both were younger, and the second had also
been a visible athlete. After a brief encounter with the
second, also over an after-work drink (recruiters are trained
to be obliging and accommodating and ingratiating), he left
town and returned a couple of days later, ostensibly to
conduct business with a Miamian (who turned out to be an
illegal Colombian, protected by The F.B.I., kept here on
a rotating yearly visa, acting as a paid informant after
having made a lot of money on his own account in drug trafficking
before being kidnapped for ransom). The Marine, of course,
was clueless that he'd been inserted into the middle of
a fifteen-kilogram cocaine deal. When asked to drive the
second man and his accomplice to a meeting two days later
- - a business meeting, as it was described to The Marine,
at a fast-food restaurant, at the moment the Miami informant
got confirmation from a New York informant (who occupied
the same relationship vis-à-vis The F.B.I. except
that he was a heroin dealer rather than a cocaine trafficker)
that money had been paid in New York by the original contact
(above), agents and local police who were part of a "task
force" under The Bureau's control arrested everybody,
The Marine included. The arrest was videotaped, and the
video contradicted the informant's version of The Marine's
supposed capacity of "lookout." The dozen or so
taped telephone conversations among all of the players,
made by the informants did not, of course, include either
The Marine's voice, or anything that could even remotely
be understood as a reference to him as a "co-conspirator."
Still, The Bureau and its agents pushed for The Marine's
indictment on two cocaine counts, both carrying mandatory
ten year minimum sentences, plus a firearms count that would
have required consecutive sentencing had it resulted in
conviction.
A week of trial, including two of The Marine's three co-defendants
who were very elastic in their recollections, in an effort
to get out from underneath their own minimum mandatories;
all of twenty minutes allowed for argument; an hour and
a half's deliberations (including ordering and eating lunch);
and verdicts of "not guilty" on all counts.
The Marine will get his back pay for the two months he
was held in jail while the government appealed the bond
initially set by a Magistrate Judge and the District Judge
decided to fast-track the case rather than take up either
the appeal or our cross-appeal. He will get grief from some
narrow and over-zealous NCOs and officers in The Corps.
And if he wants it, he'll also get his name above the Plaintiff's
line in a Bivens-type action.
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United States v. Mangeri Salazar (and Lopez)
Eleventh Circuit, July, 2007 (Published) |
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Doris Mangeri, a Colombian born, naturalized American woman
with a flawless history and a hard-working, successful real
estate broker in Coral Gables, was indicted for conspiracy
to possess with intent to distribute a very significant
quantity of cocaine. Her only real "crime" was
that she had been an intimate of a member of the innermost
circle of the Saudi royal family for more than 25 years,
since they were in college together at The University of
Miami.
The "witnesses" against her were a quartet of
the worst, most prolific cocaine exporters and transporters
in recent history, and two, in particular, who were among
the first to be extradited to The United States after the
American government twisted Colombia's economic arm to force
a change in that country's Constitution. Those two most
important of them (one of whom (on cross-examination) admitted
that every day of his life was a lie - - to his family,
his girlfriend(s), his "business associates,"
and his own government in the context of contacts with governmental
agencies for licenses, permits, and the registration of
business transactions - - to the extent that he held himself
out as a legitimate and successful businessman while in
reality he was a first-magnitude drug exporter and transporter
to places all around the world) ultimately made a (tricked-out
and phony) deal, with knowing prosecutors and agents, to
plead guilty in exchange for government recommendations
for extravagantly-reduced sentences based upon contrived,
set-up "substantial assistance" (they were giving
up their own drugs, in transit, and attributing them to
others). An intermediary "defense lawyer," selected
and approved by the government, represented them in the
deal-making process and was paid millions (in drug proceeds,
with impunity) for his "services," and brought
another in to cover the other principal to avoid appearances
of "conflict." Why? The prosecutors and agents
wanted "The Prince," and even referred to the
case as "the Prince case."
The trial was a real train-wreck: wholly erroneous rulings
limiting cross examination, allowing the admission of completely
irrelevant but damaging information about the Saudi, and
a refusal to inquire into Brady and Giglio violations we
had uncovered through investigation but which the government
crassly denied, including the main informant's ongoing money-laundering
while he was serving his brief active sentence, and additional
trans-continental smuggling ventures - - for which he was
indicted the day after the (guilty) verdicts were returned
following a two month trial, about which the government
had known all along.
The Court of Appeals reversed, on the narrow and basic
ground, which I first raised at the conclusion of the government's
opening statement and then renewed at all appropriate stages,
that since the (false) design of the "conspiracy,"
as described by the informants, was to fly drugs out of
Venezuela on the Saudi's airplane (he had indeed been in
Caracas, but on diplomatic business for his government,
and I put on witnesses, including the pilot of the aircraft,
who put the lie to the government's "theory"),
to France, via Saudi Arabia, no American criminal law had
been violated. In doing so, The Circuit "declined to
treat" the other grounds, some of which are described
above, and thus gave a pass to wholly unprincipled, win-at-all-costs
government lawyers (who were obviously looking for career-makers)
and a district judge who, by a topical reading of the appellate
court's opinion, had been extremely compliant toward the
government..
So far, the obscene episode has cost Mangeri five years
of her life, since she was detained from the moment of her
arrest in 2002. I have a feeling that before all's said
and done, she'll have her own day . . .
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United States v. Villalobos |
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The Defendant, a former member of The Army and Army Reserves,
was a "contractor" (i.e. mercenary) who provided security
and paramilitary services in Iraq, Haiti, and parts of Central
America. By trade, he was (and is) a private investigator.
On one of his investigative assignments, he was tasked to
pose as a buyer of counterfeit jeans, colognes, and other
items carrying well-known brands. He worked those jobs with
a Russian national who, as it turned out, was heavily into
cocaine transporting and distribution "on the side." The Russian
and his Moscow-born wife were arrested in Austria in late
2004 when the second of two large loads was interdicted. The
Austrians allowed the woman to leave after two or three months,
and she ran like a rabbit to D.E.A. and government lawyers
in The Southern District of Florida: her teen-aged son had
already created problems for himself in making false statements
to agents about safe-deposit boxes full of jewelry while she
was in jail, and her husband, who's still being held in Austria
today, also was indicted in South Carolina for the first of
the two loads. She told the government (here) that she could
deliver up a "money-launderer" (the defendant, of course,
whom she'd met through her husband) whom she'd previously
pleaded to help her move (legitimate) assets out of the country
to avoid seizure. Ultimately, the government indicted the
man and, when he refused to "co-operate", charged his wife,
too - - in a twenty-three count money-laundering indictment.
There were more than a dozen body-mounted recordings, telephone
tapes, undercover agents, surveillance photographs, bank account
records, and, of course, the informant's testimony. (She'd
been indicted anew by the Austrians, which made her cross-examination
that much more fun.) Result (after approximately three weeks
of trial in October of 2006)? Both man and woman not guilty
of all twenty three counts, the woman's case having been taken
from the jury by the court, and he having been acquitted of
all by the jury. Ever seen a verdict like that (I can tell
you: very, very few lawyers in these parts or elsewhere have)?
Want to?
Villalobos
Not Guilty Verdicts |
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