SPIES LIKE THEM? REALLY “INTELLIGENT” SPIES DOING REALLY DUMB THINGS — PART TWO

Convicted Spies Walter Kendall Myers and His Wife Gwendolyn Lived the Good Life of the "Imperialist" Bureaucrat While Selling Out Their Country to Communist Cuba

Walter Kendall Myers spent 30 years as a traitor at high levels in the U.S. Department of State, spying for Cuba.  His wife, Gwendolyn, assisted him.  Both took guilty pleas last week and agreed to cooperate with the government.  Kendall was sentenced to life and Gwendolyn to six and a half to seven years in prison.

The Myers Met and Admired Cuban Dictator Fidel Castro, Whom Gwendolyn Called "The Most Incredible Statesman in a Hundred Years"

This is the second of a two part series quoting from relevant court documents in the Myers case.  In Part One, Fairly Civil described the Myers’s motivation and recruitment by the Cuban intelligence service.  This Part Two covers Kendall Myers’s access, the “trade craft” the Cuban spies used, and how the FBI investigation rolled them up [at least from the point of its contact with them.  There is no doubt a deeper trail, possibly ultimately connected to the Ana Belen Montes case and various cases in South Florida].

KENDALL MYERS’S EMPLOYMENT GAVE HIM ACCESS TO SENSITIVE CLASSIFIED INFORMATION

Kendall Myers held a number of jobs that gave him access over more than 30 years to sensitive classified information:

9. KENDALL MYERS was in the U.S. Army from January 1959 to March 1962, where he completed intensive communications training and served in the Army Security Agency.

11. From in or about August 1977, through in or about March 1979, KENDALL MYERS was employed as a contract instructor at the Department of State’s Foreign Service Institute (FSI), a training and professional development institute for Department of State employees located in Arlington, Virginia. After living in South Dakota with GWENDOLYN MYERS from in or about 1979 until in or about 1980, KENDALL MYERS returned to Washington, D.C. In or about August 1982, KENDALL MYERS resumed employment as a contract instructor with FSI and held the title of Chairperson for West European Studies. On or about May 9, 1983, KENDALL MYERS applied for a non-contractor, two-year appointment as a Training Instructor and Chairperson for West European Studies at FSI. On or about April 15, 1985, KENDALL MYERS was offered a two-year appointment as a Training Instructor and subsequently, a second two-year appointment as an Education Specialist at FSI, all while serving in a chair capacity in Western European Area Studies. From at least August 1988 to October 1999, KENDALL MYERS, in addition to his FSI duties, performed work on a periodic basis for the U.S. State Department’s Bureau of Intelligence and Research (INR).

12. Starting in approximately October 1999, KENDALL MYERS began working full time at INR as the Acting Director of the External Research Staff. From approximately July 2001 to October 31, 2007, KENDALL MYERS was a Senior Analyst for Europe for INR. INR is responsible for drawing on all-source intelligence to provide value-added independent analysis of events to policy makers at the U.S. Department of State. During his employment at INR in various capacities, KENDALL MYERS specialized in intelligence analysis regarding European matters. He also served as a Special Assistant for Analyst Training and Development during that time frame.

13. On October 31, 2007, KENDALL MYERS retired from the Department of State

KENDALL MYERS REPEATEDLY  VIEWED CLASSIFIED INFORMATION RELATED TO CUBA

67. During the April 30, 2009, meeting [with an FBI undercover agent], when the UCS asked KENDALL MYERS whether he had ever delivered information to CuIS that was classified more than SECRET, KENDALL MYERS responded “Oh yeah. . . Oh, yeah.” KENDALL MYERS stated that the “best way” to take information out from his job was “in your head.” KENDALL MYERS told the UCS that he removed information from the Department of State by memory or by taking notes. GWENDOLYN MYERS added that he kept his notes locked in his office safe.

68. An analysis of KENDALL MYERS’s classified Department of State work computer hard drive reveals that from August 22, 2006, until his retirement on October 31, 2007, KENDALL MYERS, while employed at INR, viewed in excess of 200 sensitive or classified intelligence reports concerning the subject of Cuba. Of these intelligence reports, more that 75 of these reports made no substantive mention of countries within KENDALL MYERS’s area of responsibility as an employee of INR. Of these reports concerning Cuba, the majority were classified and marked SECRET or TOP SECRET.

EXPLANATION OF TERMS RELATED TO THE MYERS’S “SPYCRAFT”

The affidavit explains a number of the terms that come up in its discussion of evidence about the Myers’s spying activity:

22. I have further learned based on my experience and training that CuIS employs “handlers” in the United States, i.e., persons who maintain some type of personal contact with agents located in the United States. Handlers receive reporting or information from agents, produce tradecraft and communication tools for agents, and sometimes direct and control agent activities based on instructions the handler has received from CuIS. Handlers could be “legals,” that is, persons with diplomatic immunity whose affiliation with Cuba is known. Also CuIS employs “illegals” as handlers, that is, persons whose affiliation to the Government of Cuba is not publicly disclosed, whose intelligence function is clandestine, and who possess no diplomatic immunity.

23. I have further learned based on my experience and training that a dead drop is a location used to pass items secretly between an agent and his or her handler, or between intelligence officers, without requiring them to meet. The location of the drop is agreed inadvance and it typically involves the use of common everyday items to which most people would not give a second glance such as a loose brick in a wall, a library book, a hole in a tree, under a boulder, etc.

24. I have further learned based on my experience and training that a brush pass, pass or hand-to-hand are terms used to mean a pre-arranged momentary encounter between an agent and his or her handler, or between intelligence officers, wherein written messages, instructions, or other items (e.g., a computer thumb drive or a brief case) are quickly and surreptitiously passed between them as they cross paths. Such encounters may occur in public such as on a busy street or on the subway.

25. I have further learned based on my experience and training that a personal contact, contact, or meet are terms used to mean a face-to-face contact between an agent and his or her handler wherein operational training and details can be discussed.

26. I have further learned based on my experience and training that a parole is a password or recognition phrase used between an agent and his or her handler, or between intelligence officers, to identify each other.

27. I have further learned based on my experience and training that CuIS sometimes employs husband and wife “paired” agents to achieve its intelligence goals in the United States. Such CuIS husband and wife “paired” agents were revealed in the investigation of the Miami network of CuIS agents in the case entitled United States v. Gerardo Hernandez, et al., Cr. No. 98-721-CR-Lenard, and of Carlos Alvarez and Elsa Alvarez in the case of United States v. Alvarez,  05-20943-CR-Moore, both arising in the Southern District of Florida.

28. I have further learned based on my experience and training that CuIS employs multiple code names for its agents to safeguard and protect their identities. CuIS also provides false identity and travel documents for its agents to facilitate clandestine travel and to facilitate flight from the United States in case of detection.

SHORT WAVE RADIO

The affidavit describes the use of shortwave radio as a hallmark of Cuban intelligence operations in the United States:

34. Based on my knowledge and familiarity with the communication methodologies of CuIS, I am aware that, during the time frame described herein, CuIS often communicated with its clandestine agents operating in the United States by broadcasting encrypted radio messages from Cuba on certain high frequencies – that is, shortwave radio frequencies. Under this method, CuIS would broadcast a series of numbers on a particular short-wave frequency. The clandestine agent in the United States, monitoring the frequency on a shortwave radio, could decode the seemingly random series of numbers by using a decryption program provided by CuIS. The series of numbers would then be decoded into cognizable text for use by the agent. Once decoded, the text of the message could provide the agent with tasking for intelligence gathering, instructions about operational activities, including communication plans and meets with CuIS handlers. Similarly, CuIS would broadcast similar messages to its handlers.

35. This shortwave radio communication method was employed by some of the defendants convicted of espionage on behalf of Cuba in the previously mentioned Hernandez case in the Southern District of Florida, as well as by Ana Belen Montes and Carlos and Elsa Alvarez.

36. I have further learned that CuIS broadcasts such encrypted shortwave radio messages in Morse Code or by a voice reading a series of numbers.

THE FBI’S INTERCEPTION OF SHORT WAVE MESSAGES AND THEIR LINKS TO THE MYERS

44. The FBI collects high frequency messages from CuIS in Cuba to Cuban officers and their agents abroad, to include illegal agents operating within the United States. Among other high frequency messages broadcast by CuIS that the FBI has collected, I am aware that the FBI has identified messages that it has determined were broadcast to a handler of KENDALL MYERS and GWENDOLYN MYERS, hereinafter, co-conspirator “C.”

45. The messages sent to co-conspirator “C” contain many references to standard CuIS tradecraft, including mentions of passes, visual signals, personal contacts, dead drops, counter-surveillance techniques, danger signals, clandestine communication techniques and plans, coded messages, and code names referring to KENDALL MYERS and GWENDOLYN MYERS.

46. Further, the message sent to co-conspirator “C” make multiple references to Cuba.

THE FBI UNDERCOVER OPERATION TAKES THE MYERS DOWN

39. On or about April 15, 2009, the Federal Bureau of Investigation (FBI) initiated an undercover operation. The purpose of the undercover operation was to convince KENDALL MYERS and GWENDOLYN MYERS that they had been contacted by a bona fide Cuban intelligence officer and, in the course of their ensuing discussion and relationship, ascertain the scope, nature, and substance of KENDALL MYERS and GWENDOLYN MYERS’s clandestine activities on behalf of CuIS.

40. During the afternoon of April 15, 2009, an undercover source of the FBI (“UCS”) approached KENDALL MYERS in front of the Johns Hopkins School of Advanced International Studies (“SAIS”) on Massachusetts Avenue, N.W., in Washington, D.C. The UCS told KENDALL MYERS that a named CuIS intelligence officer (hereinafter co-conspirator “D”) “sent me to contact you.” The UCS continued that he did not want to “bother” KENDALL MYERS or take “too much” of his time, but that he had “instructions to contact” him and “to get some information . . . and [KENDALL MYERS’s] opinion” because of the “change that is taking place in Cuba and the new administration.” The UCS said that co-conspirator “D” sends “his regards,” offered KENDALL MYERS a cigar, and congratulated him on his birthday.  KENDALL MYERS agreed to meet the UCS later that evening at a nearby hotel, after KENDALL MYERS was done teaching a class at SAIS. KENDALL MYERS volunteered that his wife, GWENDOLYN MYERS, could join them. The UCS agreed.

EXCERPTS FROM THINGS THE MYERS SAID DURING THEIR MEETING WITH THE FBI UCS

• KENDALL MYERS stated that “it’s an honor for us” to meet the UCS. KENDALL MYERS further stated that “we’ve been a little nervous . . . and . . . I think you should tell them that . . . we’ve been nervous because, because we didn’t want to hurt them . . . We were worried . . . .”

• KENDALL MYERS refused the UCS’s offer of a drink of Scotch while he was answering questions in response to the UCS’s tasking of the previous day, noting, “no, no, that’s okay . . . while I work, you know.”

• GWENDOLYN MYERS recalled, and both her and KENDALL MYERS agreed to use in future meetings with the UCS, a parole (or pass phrase) that KENDALL MYERS and GWENDOLYN MYERS had used previously.

• Near the conclusion of the meeting, KENDALL MYERS asked the UCS to “send special greetings . . . and hugs . . . to everybody . . . and to all of our friends.”

KENDALL MYERS and GWENDOLYN MYERS then listed individuals they believe were located in Cuba, including “two very old friends,” co-conspirator “A” and co-conspirator “B.”

• KENDALL MYERS acknowledged working with CuIS for 30 years.

• KENDALL MYERS stated that CuIS asked him to work at either the Department of State or the Central Intelligence Agency. GWENDOLYN MYERS stated that they both preferred the Department of State because KENDALL MYERS is “not a very good liar.” KENDALL MYERS continued “you had to be a good liar to pass [the polygraph at CIA].”

• KENDALL MYERS and GWENDOLYN MYERS agreed that the most secure way to transmit information to illegal agents was “hand-to-hand.” GWENDOLYN MYERS stated that this was because “you can always back off if you want. . . and the person we were meeting would understand.”

• KENDALL MYERS remarked that he “didn’t like dead drops . . . because you lose control of it.”

• GWENDOLYN MYERS further stated that her favorite way of passing information involved the changing of shopping carts in a grocery store because it was “easy enough to do.” She further stated that she “wouldn’t do it now. Now they have cameras, but they didn’t then.”

• KENDALL MYERS stated that his least favorite method for transmitting information “is that goddamn telephone system. . . . We wouldn’t do it.”  GWENDOLYN MYERS stated “we did it once, never again, we threw it away.”

• KENDALL MYERS further stated that he believed that the “telephone system” was responsible for Ana Montes’s detection and apprehension.

• KENDALL MYERS stated that the “best way” to take information out from his job was “in your head.”

• KENDALL MYERS told the UCS that he removed information from the Department of State by memory or by taking notes. GWENDOLYN MYERS added that he kept his notes locked in his office safe.

• KENDALL MYERS stated that “I was always pretty careful. I, I didn’t usually take documents out.”

• KENDALL MYERS stated that he and GWENDOLYN MYERS had bookends that were used as a concealment device at their home.

• In response to a question asking whether he had ever delivered information to CuIS that was classified more than SECRET, KENDALL MYERS replied “Oh, yeah. . . Oh, yeah.”

• KENDALL MYERS stated “I have great admiration for [Cuban spy] Ana Montes. She’s a hero. . . But she took too many chances. . . in my opinion. . . . She wasn’t paranoid enough.”

• KENDALL MYERS stated “Fidel is wonderful, just wonderful.” GWENDOLYN MYERS continued: “He’s . . . the most . . . incredible statesman in . . . a hundred years for goodness sakes.”

• GWENDOLYN MYERS informed the UCS that KENDALL MYERS would be a good teacher at a School of Intelligence in Cuba, adding, “so when can we come?” KENDALL MYERS agreed “that I could see doing. . . [t]hat I would like to do.”

SPIES LIKE THEM? REALLY “INTELLIGENT” SPIES DOING REALLY DUMB THINGS — PART ONE

Traitors: Walter Kendall Myers ("Agent 202") and Gwendolyn Steingraber Myers ("Agent 123" and "Agent E-634")

“When I heard they were arrested, I felt like they had arrested Santa Claus and the Easter Bunny.”

Neighbor at marina where the Myers kept their 37-foot yacht.

We have also seen that espionage is not simply a relic of the Cold War. Earlier this year, a retired State Department employee and his wife were charged with engaging in a long running conspiracy with the Cuban intelligence service to furnish highly sensitive classified information through coded communications and clandestine meetings. Most recently, a scientist who had access to classified information relating to satellites and Department of Defense programs, was charged with attempted espionage after he gave some of that information to an undercover FBI agent posing as a foreign intelligence officer.

Written Testimony by Attorney General Eric Holder to Senate Judiciary Committee, Washington, D.C., Wednesday, November 18, 2009

Two days after Attorney General Eric Holder testified before the Senate Judiciary Committee last week about — among other things — the Justice Department’s vigilance in hunting down spies, the traitorous husband and wife team he mentioned in the above quote pleaded guilty before a federal judge in Washington.

Former State Department official Walter Kendall Myers copped to a life term in prison on a revised three-count criminal information.  His wife, Gwendolyn Steingraber Myers, will serve between six and seven and a half years in prison on a single count.

Court documents in the Myers case (and the more recent case of Stewart David Nozette, the DOD scientist Holder mentioned) describe a variety of methods used by the FBI to reel in suspected spies and would-be spies.  One method used in both cases:  send an undercover “source” to make contact with the suspects, turn on the recorders, and let the fish reel themselves in.

This two part series quotes from relevant court documents in the Myers case.  In this Part One, Fairly Civil describes the Myers’s motivation and recruitment by the Cuban intelligence service.  Part Two covers the “trade craft” the Cuban spies used, and how the investigation rolled them up.

THE MYERS’ IDEOLOGICAL MOTIVATION – CONTEMPT FOR “NORTH AMERICA”

The Myers are representative of a particularly reprehensible class – people who grow up in privileged status, become “intellectuals” contemptuous of the “imperialist” United States, betray their country … and yet continue not merely to enjoy, but to indulge themselves to excess in, its riches.   The Washington Post summarized Myer’s pedigree thusly (“A Slow Burn Becomes a Raging Fire: Disdain for U.S. Policies May Have Led to Alleged Spying for Cuba,” June 7, 2009.):

Myers, who goes by Kendall, grew up in Washington, the eldest of five children. His father, Walter, was a renowned heart surgeon; his mother, Carol, was the daughter of Gilbert H. Grosvenor, the longtime former president of the National Geographic Society, and was the granddaughter of inventor Alexander Graham Bell.

Myers went to prep school at Mercersburg Academy in Pennsylvania and graduated from Brown University. He went on to get a doctorate in European history from the Johns Hopkins SAIS.

What did Kendall Myers glean from this patrician background and elitist education?

According to an affidavit filed in the case, one thing he said to the FBI undercover agent about the United States was that “the trouble with this country, there’s just too many North Americans.” He also told the agent regarding the possibility of travel restrictions to Cuba being lifted, “You don’t want all those Americans … believe me, those North Americans, you don’t want them.”

Here are more relevant passages of Kendall’s loathing from the affidavit, filed last June (“Affidavit in Support of Criminal Complaint and Arrest Warrant,” United States v. Walter Kendall Myers, U.S. District Court for the District of Columbia, Docket No. 1:09-cr-00150-RBW, filed June 4, 2009):

30 … The investigation has revealed a diary, written by KENDALL MYERS, of his 1978 trip to Cuba.  In his account of his trip, KENDALL MYERS expresses a strong affinity towards Cuba and its revolutionary goals, and a negative sentiment toward “American imperialism.”  Notably, KENDALL MYERS states:

Cuba is so exciting!  I have become so bitter these past few months.
 Watching the evening news is a radicalizing experience.  The abuses of our system, the lack of decent medical system, the oil companies and their
 undisguised indifference to public needs, the complacency about the poor, 
the utter inability of those who are oppressed to recognize their own 
condition. . . .  Have the Cubans given up their personal freedom to get
 material security?  Nothing I have seen yet suggests that  . . . . I can see nothing of value that has been lost by the revolution. . .

[T]he revolution has released enormous potential and liberated the Cuban spirit.
. . . .
Everything one hears about Fidel suggests that he is a brilliant and
 charismatic leader.  He exudes the sense of seriousness and
 purposefulness that gives the Cuban socialist system its unique character.
 The revolution is moral without being moralistic.  Fidel has lifted the 
Cuban people out of the degrading and oppressive conditions which
 characterized pre-revolutionary Cuba.  He has helped the Cubans to save
 their own souls.  He is certainly one of the great political leaders of our
 time. . .

Going through the [Museum of the Revolution in Havana] was a sobering 
experience.   Facing step by step the historic interventions of the U.S. in to [sic] Cuban affairs, including the systematic and regular murdering of
 revolutionary leaders left me with a lump in my throat. . . .

They don’t
 need to try very hard to make the point that we have been the exploiters. Batista was only one of the long list of murderous figures that we thrust upon them in the name of stability and freedom . . .

There may have been some abuses under the present regime, life may be more complicated by rationing, etc., but no one can make me believe that Cuba would have been better off if we have defeated the revolution.  The idea is obscene.

Cuban Spy and Castro Enthusiast Kendall Myers and His Wife Apparently Forced Themselves To Enjoy Life Aboard This Decadent Yacht -- A Product of the Imperialist Capitalist System They Effected to Deplore

Walter Kendall Myers’s ecstatic declaration that “no one can make me believe that Cuba would have been better off if we had defeated the revolution” falls precisely into the category of a certain type of (usually academic) intellectual willing to endure the suffering of other less-enlightened persons – without depriving themselves of the comforts of the parlor life.  Content that “life may be more complicated” under Fidel Castro’s communist regime, Walter Kendall Myers and his wife continued to roll like rich puppies in the American imperialistic good life.  “Communism may suck,” people like Kendall Myers pontificate to the impoverished subjects of the Cuban regime, “But that’s just a sacrifice you’ll have to make.  Wish we were there.”

For all the Myers’s intellectual posturing, among the items that they will forfeit to satisfy the $1,735,054 judgment against them – representing the salary paid to him over years by the State Department – is a 37-foot sailing yacht.  Sale prices for boats of equivalent length are currently listed in Maryland from the mid-thirty thousand dollars for older boats (1970s) to just south of $200,000 for newer models.  Such boats are simply another one of the luxuries that the people of Cuba will just have to do without in the Myers’s precious pseudo-Marxist world.

THE MYERS’ RECRUITMENT

Background on Cuban intelligence activities against the United States. The June affidavit describes in general terms the relevant background of Cuba’s intelligence operations against the United States:

20. … the Cuban Intelligence Service (CuIS) is a general term encompassing numerous Cuban intelligence and counterintelligence entities.  A primary such entity is the Directorate of Intelligence (DI), formerly known as the Directorate of General Intelligence (DGI).  It is charged with gathering worldwide intelligence information of interest to Cuba and its allies.  The United States was, and continues to be, a principal target for Cuba’s intelligence gathering.

21.  … CuIS has a well-established program aimed at spotting and assessing persons within the United States academic community who may be suitable for recruitment to serve a variety of roles on behalf of Cuba’s interests.   The most important of these roles is that of agent – that is, a person who is not an officially recognized employee of CuIS but who is aware that he or she is working for the service and is willing to engage in clandestine operational activity, including intelligence gathering, at the direction, and on behalf, of  CuIS.   An agent-in-place is a recruited agent who occupies a position or job in which he or she has authorized access to intelligence information of value to CuIS, including classified information. One such agent was Ana Belen Montes, who was a senior intelligence analyst at the Defense Intelligence Agency prior to her arrest and conviction for espionage on behalf of CuIS in March 2002 before this Court in the case of United States v. Ana Belen Montes.  (See a brief discussion of the Ana Belen Montes case in the Fairly Civil post here.)

Poor Housing Stock is One of the "Wonderful" Conditions Kendall Myers Was Happy for Cubans to Endure

Myers recruited after a 1978 trip to Cuba. Kendall Myers visited Cuba in 1978, during which trip Cuban intelligence apparently spotted him as an easy mark.  (It would be no surprise if one learned that the Cuban agency read Kendall’s diary, quoted above, while he was out touring, watching the socialist proletariat laboring according to its means in idyllic sugar cane fields.)  According to the affidavit:

29. … in December 1978, KENDALL MYERS traveled on “unofficial personal travel for academic purposes” to Cuba for approximately two weeks.  Two other Department of State employees traveled during the same time frame. KENDALL MYERS indicated in Department of State documents that his travel was predicated on an invitation from a Cuban government official (hereinafter, co-conspirator “A”) after co-conspirator “A” had given a presentation at the FSI. … co-conspirator “A” served at the Cuban Mission to the United States … in New York City in the late 1970s and early 1980s.  KENDALL MYERS’s guide in Cuba, was an official with Cuba’s Foreign Service Institute (hereinafter, co-conspirator “B”).   Based on all of the evidence collected during this investigation, I conclude that KENDALL MYERS’s trip to Cuba in 1978 provided the CuIS with the opportunity to assess and or develop KENDALL MYERS as a Cuban agent.

…

31. The FBI’s investigation has revealed that approximately six months after returning from Cuba, KENDALL MYERS and GWENDOLYN MYERS were visited by co-conspirator“ A” in South Dakota, where KENDALL MYERS and GWENDOLYN MYERS were living at the time. During that trip, KENDALL MYERS and GWENDOLYN MYERS were recruited by co-conspirator “A” and they agreed to serve as clandestine agents of the Republic of Cuba. Thereafter, CuIS directed KENDALL MYERS to pursue a job at either the Department of State or the Central Intelligence Agency.

The Myers’s “wonderful” soiree with Comandante Fidel. According to the criminal information (to the charges of which Kendall Myers pleaded guilty), “In or about January 1995 … [the Myers] … traveled to Cuba via Mexico under false names for the purpose of meeting with their … handlers. [W]hile staying in a small house in Cuba …[they] were visited by Fidel Castro.  Fidel Castro spent the evening with them and spoke through an interpreter.”  (“Violation,” United States v. Walter Kendall Myers, U.S. District Court for the District of Columbia, Docket No. 1:09-cr-00150-RBW, filed Nov. 20, 2009.)

The June affidavit recounts what the Myers told the FBI undercover about that meeting:

43. … KENDALL MYERS stated that the “best one was meeting Fidel. . . Oh, that was wonderful.”

THE POTENTIAL DAMAGE

Gwendolyn Myers did not work for the government.  She took a job in a bank.  But, consistent with a known pattern of Cuban intelligence operating in the United States, she was an active member of the husband and wife spy team.

On the other hand, Kendall wormed his duplicitous way into high positions in the State Department where he had and used access to potentially extremely damaging information, including so-called “sources and methods” of intelligence gathering.

A U.S. Department of Justice Press Release (November 20, 2009) summarizes Kendall Myers’s career, beginning with the period shortly before he was recruited by the Cuban intelligence service:

Kendall Myers began working at the State Department in 1977 as a contract instructor at the Department’s Foreign Service Institute (FSI) in Arlington, Va. After living briefly with Gwendolyn in South Dakota, he returned to Washington, D.C., and resumed employment as an instructor with FSI. From 1988 to 1999, in addition to his FSI duties, he performed work for the State Department’s Bureau of Intelligence and Research (INR). He later worked full-time at the INR and, from July 2001 until his retirement in October 2007, was a senior intelligence analyst for Europe in INR where he specialized on European matters and had daily access to classified information through computer databases and otherwise. He received a Top Secret security clearance in 1985 and, in 1999, his clearance was upgraded to Top Secret / SCI.

In Part Two of this post, Fairly Civil will provide excerpts from court documents describing how the Myers family spy team operated and how the FBI rolled them up after thirty years of betraying their country.

Mutual Admirer: On Learning of the Myers's Arrest, Fidel Castro Said, "I can't help but admire their disinterested and courageous conduct on behalf of Cuba."

ACCUSED SECRET SHOT-CALLER ALEX SANCHEZ’S TAKE-NO-PRISONERS BRIEF FLAMES TRIAL JUDGE MANUEL REAL — BOTTOM LINE: JUDGE DOESN’T GET IT

Appellate Brief Filed By Sanchez Lawyer Kerry Bensinger Flames Trial Judge Manuel L. Real, Asks That He Be Replaced

Alex Sanchez — the admitted former Mara Salvatrucha (MS-13) gangster turned Los Angeles anti-gang worker, now accused by the feds of being a “secret shot caller” — has been repeatedly denied pre-trial release.  Now his lawyer, Kerry R. Bensinger, has taken the matter to the United States Court of Appeals for the Ninth Circuit in a take-no-prisoners brief that (in nice, polite lawyer language) flames trial Judge Manuel L. Real.

The brief scorches a few other targets, including the government’s trial lawyers and the principle MS-13 expert witness in the case, Los Angeles Police Department Gang Detective Frank Flores.  Flores’s testimony about the meaning of wiretaps (Sanchez allegedly directing a “hit” on a renegade gang member) was key in the detention hearings.  The defense claims that the government not only got one of the key phone call participants wrong, but Flores misconstrued what happened during the calls.

Judge Manuel L. Real

But Bensinger focuses his flamethrower on the 85-year old Judge Real, stating, “At a minimum, the matter should be remanded for a detention hearing before a different judge.”

If the judge did anything right, it escaped counsel’s notice.

Reading between the lines, Bensinger is conveying to the appeals court the message that — in his view — Real for whatever reason or reasons is confused or willfully obtuse about what the federal law requires in a bail (“detention”) hearing.  In short, the brief argues that the trial judge just doesn’t “get it.”

The 32-page document landed in the appeals court docket less than a week after that court issued an opinion and order applying its own flame to Judge Real.  (Bensinger has more to say on the matter — he asked the higher court to allow him to file additional material.) Here is the Los Angeles Times on the matter involving Real and the 9th Circuit (November 14, 2009):

Federal judge criticized for handling of claimants’ assets, Los Angeles Times, November 14, 2009

A federal appeals court Friday criticized U.S. District Judge Manuel L. Real for his handling of $33.8 million entrusted to him for victims of the late Philippines dictator Ferdinand Marcos, calling his accounting “curious” and “filled with cryptic notations” that failed to show what happened to the money.

The three-judge panel of the U.S. 9th Circuit Court of Appeals ordered a new accounting of the disputed assets by a different judge — a rare act of implied censure that Real has now endured at least 11 times in his long judicial career.

The Stakes

If You Indict Mother Teresa, You Better Convict

The stakes are high for Sanchez in an already complicated case:  “Now five months since his arrest, Mr. Sanchez faces an extended pretrial detention as the parties believe this case will not be ready for trial before December 2010.”

Unstated is the fact that careers will be on the line in the case.  Indicting Alex Sanchez was the rough equivalent of indicting Mother Teresa.  If the Sanchez case flames out, the careers of more than one or two on the government’s side will hit the silk.

The following are unexpurgated excerpts from the appeals brief on behalf of Sanchez.  (“Appellant’s Memorandum of Law and Facts In Support [of] Appeal from Detention Order,” United States v. Alex Sanchez, United States Court of Appeals for the Ninth Circuit, Docket No. 09-50525, filed November 20, 2009.)  Fairly Civil has inserted a minimum of explanatory background.  Additional materials on the case can be found in posts here, here, and here.

The government has ten days to reply.

The Basic Claim — Sanchez Was Denied a Fair Hearing

The core of Sanchez’s appeal is that he was denied a fair hearing on the only issues relevant to whether he should be released, which are (1) is he a risk of flight, and (2) does he present a threat to persons or a community?  Instead, the brief claims, Judge Real essentially held a “mini-trial” on whether Sanchez is guilty of the offenses with which he is charged.

This appeal from an order of pre-trial detention presents the question whether a defendant has been denied his right to a “full-blown adversary hearing” … when the district court limited the hearing to whether the government possessed evidence of the defendant’s guilt, foreclosed the defense from rebutting the government’s case with contrary evidence, shifted the burden of persuasion, ignored evidence relevant to flight and lack of danger and made only a “conclusory finding” misapplying the statutory presumption.

The Life of Alex

In Happier Times, Sanchez Enjoyed A Saintly Aura Comparable to that of Mother Teresa

Naturally enough, the brief sketches a factual review of a man grievously wronged by arbitrary and misdirected government conduct:

Mr. Sanchez quit gang life nearly 15 years ago, beginning a journey of redemption leading him to become one of the foremost anti-gang interventionists in the United States.  In 2006, he became the Executive Director of Homies Unidos, an organization dedicated to extricating youths from gangs and brokering and maintaining peace in communities afflicted by the scourge of gang violence.

On June 24, 2009, however, Mr. Sanchez, a long time resident of Los Angeles and the 38-year-0ld father of three, was arrested at his home and taken into custody on an indictment charging 24 defendants with various crimes in connection with alleged activities of the Mara Salvatrucha (“MS-13″).  Within days of his arrest, over 100 social workers, professors, politicians, clergy, law enforcement and former gang members from around the country raised a chorus of support to release Mr. Sanchez from custody, all attesting to his good character, commitment to peace and ties to the community.  This overwhelming support included over $2.5 million dollars in bail pledges and property.

At the detention hearing, the government claimed a chest tattoo indicated Mr. Sanchez had not quit the gang and four phone calls where Mr. Sanchez mediated a non-violent resolution to an intra-gang dispute supposedly evidenced a plot to kill  one of the disputants.  Announcing “the only determination I have to make on this motion” is “whether or not Mr. Sanchez was there” and “what they were discussing,” the district court precluded Mr. Sanchez from rebutting the government’s evidence about the significance of his chest tattoo while refusing lay and expert testimony contradicting the government’s interpretation of the calls.  Focused exclusively on whether there was evidence of Mr. Sanchez’s guilt, and ignoring evidence of Mr. Sanchez’s extensive ties to the community and reputation as a tireless and effective gang interventionist and violence prevention advocate, the district judge misapplied a statutory presumption, shifted the burden of persuasion, and ignored overwhelming evidence that Mr. Sanchez presents neither a flight risk nor a danger to others.

…

…the district judge refused to allow evidence on the three critical issues by (1) rejecting defense evidence undermining the inference the government sought to draw from Mr. Sanchez’s chest tattoo, (2) rejecting testimony refuting the government’s contention Mr. Sanchez spoke to Cameron’s killer, and (3) rejecting Mr. Sanchez’s proposed expert testimony disputing that the calls relayed “coded” messages.

The Right to Explain “the Physical Evidence”: The Tattoo:

The government stressed that “physical evidence,” in the form of a chest tattoo, showed Mr. Sanchez was still active in the gang.  Rosemarie Ashmalla, the Executive Director of the agency that removed Mr. Sanchez’s other tattoos, however, was prepared to testify that a chest tattoo was not evidence of ongoing gang affiliation because the tattoo removal program “had a policy of only removing visible tattoos.”  Ms. Ashmalla would have affirmed that most gang tattoo removal agencies, including hers, “do not generally remove non-visible tattoos, absent extraordinary reasons.”  As the head of an agency dedicated to removing gang tattoos (and the agency that removed Mr. Sanchez’s visible tattoos), Ms. Ashmalla was in a far better position that the prosecutor to explain the significance of a residual chest tattoo.  Rejecting her testimony was error.

The Damning Wiretaps — The Court Erroneously Precluded Mr. Sanchez From Presenting Relevant Expert Testimony to Rebut the Government’s Expert.

A focus of the case so far has been the government’s wiretaps of four calls in which Alex Sanchez certainly takes a leading role.  But the crucial question has developed to be:  was that leading role as a mediator and peace-maker or as a “shot caller” pushing the conversation to the ultimate murder in El Salvador of one Walter Lacinos (aka Camaron) by a gangster known as “Zombie”?  A close second is whether the government got the wrong “Zombie.”

Of critical importance, given the district court’s focus on “the content of these [four wire-tapped] conversations” is the district court’s refusal to permit Father Greg Boyle’s testimony.  Fr. Boyle is the Executive Director of Homeboy Industries, the largest gang intervention program in the country, and a nationally recognized gang expert knowledgeable in gang language, interactions and “codes.”  After listening to the calls and reviewing Det. [Frank] Flores’s declaration re-interpreting the calls and the prosecution’s arguments based thereon, Fr. Boyle concluded that, rather than corroborating a murder plot, Mr. Sanchez’s statements reflected a gang mediator’s peacemaking efforts.

The brief argues that the judge erred in declaring Father Boyle’s statement not “relevant” to the questions in the detention hearing — a specific case of the judge “not getting it.”

The Court Erroneously Rejected Relevant Defense Evidence Explaining the Context of the Conversations in the Four Wire-tapped Calls.

The district court erroneously rejected the testimony of Sonia Hernandez, a witness who knew the government (and Flores) misidentified one of the key participants in the calls, distorting their interpretation of the statements made therein.

…

The government got its facts wrong.  Although both Hernandez and Bonilla used the name “Zombie,” the person who killed Camaron was not the person Mr. Sanchez spoke to on May 7.  Sonia Hernandez would have identified her brother’s voice (not Bonilla’s) as the Zombie on the May 7 call with Mr. Sanchez.

By authenticating her brother’s voice on the May 7 call, Ms. Hernandez would have confirmed Mr. Sanchez had not talked “to the person who ultimately did, in fact, carry out the murder in El Salvador,” but to another person also nicknamed “Zombie.”

The Court Shifted the Burden of Persuasion

The brief also addresses a technical point that involves the difference between the “burden of production” (producing some favorable evidence) and the “burden of persuasion” (persuading the fact-trier that the evidence is true).  Essentially, Bensinger argues again that Judge Real confused the two:

“The burden of persuasion regarding risk-of-flight and danger to the community always remains with the government…”  As now-Justice Breyer explained, even where the nature of the charges gives rise to “a rebuttable presumption that ‘no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community,” [citing 18 U.S. Code, Section 3142 (e)] this presumption only served to “shift the burden of production” and require the defendant to introduce “some evidence” to the contrary.

The brief argues that Sanchez met this burden of production with witnesses who could rebut the government’s factual assertions about the tattoo and the calls, his agreement to “many restrictions on his liberty,” and the character witnesses and property-owners willing to support his release.

The brief also points out additional problems with Judge Real’s ruling:  he did not provide the requisite written statement of reason for Sanchez’s detention, including findings of fact, and erroneously placed undue weight on evidence of guilt, as opposed to risk of flight or danger.

Despite its refrain that “this is not trial” — invoked only to exclude defense evidence contradicting the prosecution’s case — the district court transformed the detention hearing into a mini-trial on the merits of the charges…Rather than conduct an inquiry focused on whether the release of Mr. Sanchez posed a clear and present danger to any person or community, the district court devoted himself to prejudging the evidence of guilt even though, as now-Justice Kennedy reminded, “the statute neither requires not permits a pretrial determination that the person is guilty.”

This Case Should Be Reassigned to a Different Judge on Remand

The brief ends up with the following request, not coincidentally accompanied by a footnote referring to other instances in which the Ninth Circuit has corrected Judge Real:

Judge Real rejected Ms. Hernandez’s testimony refuting the government’s claim that Mr. Sanchez instructed Bonilla to kill Camaron because it was “totally irrelevant.”  Judge Real excluded this patently relevant evidence not on technical legal grounds but because he failed to appreciate its logical relevance to the crucial issues at hand.  The same is true with respect to Fr. Boyle’s testimony.  Even if the matter were remanded for renewed consideration, there is little chance Judge Real will accord this evidence it proper weight, simply because the disputed evidence has been found relevant and admissible…[He has already] declared that it is entitled to no weight whatsoever.  At a minimum, the matter should be remanded for a detention hearing before a different judge.

Fairly Civil looks forward to reading and posting excerpts from the government’s reply to this brief.

Government's Serve

INSPECTOR GENERAL: U.S. DEPARTMENT OF JUSTICE GANG INTELLIGENCE ISN’T

Department of Justice Inspector General Report: DOJ's Two Major Anti-Gang Intelligence Units "Are Not Contributing Significantly to the Department's Anti-Gang Initiatives."

If a tree falls in the courtyard of the U.S. Department of Justice in Washington, DC, would anybody notice in Yakima, Washington?

Not if it involves the two units in the department charged with developing national anti-gang intelligence and coordination systems — at least,  according to the department’s inspector general.  In dispassionate, almost clinical language, a just-issued report by the IG’s staff pretty much trashed both the FBI-based National Gang Intelligence Center (NGIC) and the DOJ-based Gang Targeting, Enforcement, and Coordination Center (GangTECC).

The IG staff reports that “after almost 3 years of operation, NGIC and GangTECC still have not made a significant impact on the Department’s anti-gang activities. Despite being located in the same office suite, both NGIC and GangTECC are not effectively collaborating and are not sharing gang-related information.”

A key recommendation — that the department consider merging the two rival siblings — is the kind of good government idea that could set off a classic turf war.

The following excerpts from the 63-page report — “A Review of the Department’s Anti-Gang Intelligence and Coordination Centers,” U.S. Department of Justice, Office of the Inspector General, Evaluation and Inspections Division (November 2009) — cover the major points:

A Review of the Department’s Anti-Gang Intelligence and Coordination Centers

In January 2007, Attorney General Alberto Gonzales announced that the Department had taken several steps to address gang violence. Among those efforts were the establishment of three new entities: (1) the National Gang Intelligence Center (NGIC), which was established by statute in January 2006, integrates the gang intelligence assets of all DOJ agencies and other partner agencies; (2) the National Gang Targeting, Enforcement, and Coordination Center (GangTECC), established in June 2006 by the Attorney General, serves as a central coordinating center for multi-jurisdictional gang investigations; and (3) the Gang Unit, another Attorney General initiative created in September 2006, develops and implements strategies to attack the most significant gangs and serves as the prosecutorial arm of the Department’s efforts against violent gangs.

….

Our review found that, after almost 3 years of operation, NGIC and GangTECC still have not made a significant impact on the Department’s anti-gang activities. Despite being located in the same office suite, both NGIC and GangTECC are not effectively collaborating and are not sharing gang-related information.

…

National Gang Intelligence Center (NGIC)

NGIC was established by statute in January 2006 to “collect, analyze, and disseminate gang activity information” from various federal, state, and local law enforcement, prosecutorial, and corrections agencies.5 The Federal Bureau of Investigation (FBI) used existing resources from its Criminal Intelligence Section to establish NGIC. The public law that established NGIC also charged the FBI with administering NGIC as a multi-agency center where intelligence analysts from federal, state, and local law enforcement work together to develop and share gang-related information. NGIC was to provide a centralized intelligence resource for gang information and analytical support to law enforcement agencies. For fiscal year (FY) 2008, NGIC’s budget was $6.6 million and, as of June 2009 there were a total of 27 staff at the NGIC.

Gang Targeting, Enforcement, and Coordinating Center (GangTECC)

On February 15, 2006, Attorney General Gonzales announced plans to create a new national anti-gang task force as part of an initiative to combat gangs and gang violence. On June 26, 2006, GangTECC began operations under the leadership of the Department’s Criminal Division. Its mission is to bring together the Department’s operational law enforcement components and the Department of Homeland Security’s Immigration and Customs Enforcement (ICE) to identify, prioritize, and target violent street gangs whose activities pose a significant multi-jurisdictional threat. According to its Concept of Operations, GangTECC is intended to coordinate overlapping investigations, ensure that tactical and strategic intelligence is shared between law enforcement agencies, and serve as a central coordinating and deconfliction center. Unlike NGIC, GangTECC is not authorized a separate budget by statute. Instead, costs are borne by the contributing agencies. As of early 2009, there were a total of 17 GangTECC staff members.

…

Our review found that, after almost 3 years of operation, NGIC and GangTECC still have not made a significant impact on the Department’s anti-gang activities. Despite being located in the same office suite, both NGIC and GangTECC are not effectively collaborating and are not sharing gang-related information.

Most importantly, NGIC has not established a gang information database for collecting and disseminating gang intelligence as directed by statute. NGIC is perceived as predominately an FBI organization, and it has not developed the capability to effectively share gang intelligence and information with other law enforcement organizations.

In contrast, we found that GangTECC has no budget and lacks the resources to carry out its mission. We also found that the Criminal Division has not filled an attorney position at GangTECC that is intended to enable it to provide guidance to law enforcement officials conducting gang investigations and prosecutions. In addition, because GangTECC’s member agencies and the United States Attorneys’ Offices (USAO) are not required to inform GangTECC of their investigations and prosecutions, GangTECC cannot effectively deconflict the Department’s gang-related activities as directed by the Deputy Attorney General. Further, GangTECC’s efforts to publicize its priority gang targets have lagged.

As a result of the above, NGIC and GangTECC are not effectively providing investigators and prosecutors with “one-stop shopping” for gang information and assistance, and they are not contributing significantly to the Department’s anti-gang initiatives.

…

NGIC has not developed a gang information database as directed by Congress.

…

NGIC planned to create and maintain a library of gang identification information and make that library available to investigators, prosecutors, and other law enforcement staff. In addition, NGIC planned to establish electronic bridges to federal, state, and local information technology systems to connect disparate federal and state databases containing gang information or intelligence.

However, technological limitations and operational problems have inhibited NGIC from deploying a gang information database. For example, NGIC has not developed the electronic bridges necessary to allow it to access information from states that have technologically disparate databases on gangs. In addition, performance issues with a contractor contributed to the delay in the development of the gang library. As of July 2009, the information management system and electronic bridges have not progressed beyond the development phase. Unless NGIC can obtain a technical solution for bridging these databases, NGIC’s ability to use existing gang information will be very limited.

NGIC is not effectively sharing gang intelligence and information.

To effectively share gang intelligence and information, NGIC must know the needs of the law enforcement personnel who are its customers and ensure they are aware of the NGIC’s capability to support their gang-related investigations and prosecutions.

We found that NGIC has few regular users outside of the FBI, GangTECC, and itself. These three organizations accounted for 64 percent of all requests received by NGIC. The remaining 36 percent of the requests were distributed among 15 other customer groups. With respect to the “state, local, and tribal law enforcement” customer group, our analysis showed that few requests came from these potential customers. This customer group encompasses the majority of law enforcement agencies and personnel in the United States – over 30,000 agencies and 700,000 sworn officers – and has the greatest interactions with criminally active gangs in the United States. Yet, despite its large size, this customer group made an average of only 3 requests per year and submitted only 13 of the 213 total requests for information received by NGIC from its inception in 2006 to February 2009.

…

In discussions with the NGIC and GangTECC personnel and other law enforcement officials about why NGIC was not used more frequently by law enforcement agencies, we found that NGIC was not perceived as an independent, multi-agency center by many of the law enforcement personnel we interviewed. It was repeatedly referred to as being “FBI-centric” in the products it generates and the intelligence analysis that it provides.

We also found that, in the 38-month period we examined, NGIC responded to only about six requests a month. While this increased to about 17 requests a month in the first 5 months of FY 2009, that number is still small given NGIC’s staffing of 20 intelligence analysts. NGIC management attributed the small number of requests to the law enforcement community’s unfamiliarity with NGIC – despite the Center’s attempts to advertise its presence – and to NGIC personnel not recording all the requests they received.

Although GangTECC’s operational guidance states that it is intended to be a major user of NGIC’s gang intelligence services, its use remains limited.

GangTECC has insufficient resources to carry out its mission of coordinating gang investigations and prosecutions.

GangTECC has a broad, multi-purpose mission, but only 12 members and no operating budget. Participating components are required to contribute staff to GangTECC and pay their salaries out of their own budgets. The lack of an operating budget has prevented GangTECC managers from taking actions essential to its operations, including hosting case coordination meetings and conducting effective outreach to the law enforcement community. Almost all GangTECC members we interviewed, as well as the GangTECC Director and Criminal Division officials, stressed that the lack of an operating budget is the biggest hindrance for GangTECC, particularly when it prevents the GangTECC personnel from fully participating in case coordination meetings.

Coordination efforts. Organizing and participating in case coordination meetings is central to GangTECC’s mission to identify common targets between law enforcement agencies. GangTECC identifies opportunities to coordinate gang investigations with multiple law enforcement agencies and attempts to organize case coordination meetings to bring together federal, state, and local investigators, analysts, and prosecutors to share information. Successfully coordinated cases may enable charges to be brought against large, geographically dispersed gang-related criminal enterprises.

GangTECC has coordinated 12 cases that involved multiple law enforcement agencies and jurisdictions, and these efforts resulted in better, stronger cases for prosecution. GangTECC has also facilitated cooperation and coordination in over 100 other cases in which investigators or agencies would not initially share information on common targets with one another. Law enforcement personnel we interviewed who used the GangTECC’s services reported high levels of satisfaction and told us that case coordination was the most helpful service that GangTECC could provide to the field.

Notwithstanding the demonstrated value, the GangTECC Director told us there have been at least five occasions when GangTECC has been unable to host or even attend out-of-state case coordination meetings because it was unable to fund travel costs. For example, GangTECC could not host case coordination meetings for two cases involving the Latin Kings gang. As a result of the limitations on GangTECC’s ability to execute its mission, opportunities to better coordinate the Department’s efforts to combat gang crime have been lost.

…

Deconfliction by GangTECC is not occurring as directed by the Deputy Attorney General.

Over its 3-year existence, GangTECC has not established itself as the central coordination and deconfliction center envisioned by its Concept of Operations.9 Although it was intended that GangTECC would “provide a strong, national deconfliction center for gang operations,” neither GangTECC’s own participating components nor USAOs are required to notify GangTECC of newly opened gang cases. Consequently, GangTECC cannot effectively deconflict the Department’s anti-gang activities on a national level.

…

GangTECC’s efforts to publicize priority gang targets have lagged.

GangTECC is required to use information from NGIC and other sources to identify priority targets and propose strategies to neutralize the most violent and significant gang threats. According to the GangTECC Director, GangTECC and NGIC first identified 13 priority gang targets in 2006. However, we found little evidence during our review that the list was used outside the two Centers.

…

NGIC and GangTECC are not effective as independent entities.

NGIC and GangTECC’s operational plans required them to co-locate so that they would establish a relationship in which the resources of each Center would be integrated with and fully utilized by the other. An effective NGIC and GangTECC partnership would include deconfliction, identification of priority gang targets, and sharing of gang information. While the Centers are located in the same office suite in the same building, this co-location of NGIC and GangTECC did not lead to the anticipated partnership. Our discussions with NGIC and GangTECC personnel regarding their interactions found that communication between the two Centers remains limited and ad hoc.

In addition, while both NGIC and GangTECC advertise at conferences and in their pamphlets that they provide investigators and prosecutors with a “one-stop shopping” capability for gang information and assistance, this capability has not been achieved due to various impediments. NGIC is administered by the FBI while GangTECC is administered by the Criminal Division. We found that differing leadership and management philosophies, funding sources (dedicated funding versus funding through contributions by member agencies), and investigative priorities have limited the Centers’ ability to work together effectively.

We believe that the Department should consider merging NGIC and GangTECC into a single unit under common leadership.

MEXICAN DRUG TRAFFICKERS TARGET TEXAS KIDS

Parents' Nightmare: Mexican Drug Trafficking Organizations Recruiting Children in Texas

According to the Texas Department of Public Safety, Mexican drug trafficking organizations are targeting children in Texas as recruits for their violent criminal operations.

Here is the text of the media release issued by DPS on November 17, 2009:

November 17, 2009

DPS warns parents: Mexican cartels and gangs recruiting in Texas schools

The Texas Department of Public Safety is warning parents across the state to be aware of efforts by Mexican cartels and transnational gangs to recruit Texas youth in our schools and communities. These violent organizations are luring teens with the prospect of cars, money and notoriety, promising them if they get caught, they will receive a minimal sentence.

The Mexican cartels constantly seek new ways to smuggle drugs and humans into Texas are now using state based gangs and our youth to support their operations on both sides of the border.

For example, Laredo natives Gabriel Cardona and Rosalio Reta were recruited in their teens to be hit men for the Zetas. The Zetas, composed primarily of former Mexican military commandos, originally served as the enforcement arm of the Gulf Cartel, but have since become their own cartel. El Paso teens have been recruited to smuggle drugs across the border, many with the packs taped to their bodies.

While such recruitment is growing across Texas, juveniles along the Texas-Mexico border are particularly susceptible. In 2008, young people from the counties along the Texas-Mexico border accounted for just 9 percent of the population in Texas, but 18 percent of the felony drug charges and gang-related arrests.

“As these dangerous organizations seek to co-opt our children to support their criminal operations, it is more important than ever that parents be aware of these risks, talk to their children and pay attention to any signs that they may have become involved in illegal activities,” said Steven C. McCraw, director of the Texas Department of Public Safety.

To protect our communities and our children from these powerful and ruthless criminal organizations, local, state and federal law enforcement agencies and the District Attorneys in Texas border counties are working together to detect, disrupt and deter Mexican cartel-related crime along the Texas-Mexico border.

MAJOR NIDAL MALIK HASAN’S RAMPAGE SPELLS “CAREER-ENDER” AS SEARCH FOR FALL GUYS TO PIN TAIL ON GRINDS ON

Admiral James O. Richardson Testifies Before Congress On His Career-Ending Opposition to Forward Basing of U.S. Fleet at Pearl Harbor

As Congress, civilian leaders, and the public demand more accountability from service members and our military leaders, the Washington politics can involve cannibalistic witch-hunting at the highest levels. The pressure to be perfect, the one-mistake service, can take its toll on all members of the armed forces; from the airman and seaman to the service chief himself.

John J. Sproul, Major, USAF, Research Report, Air Command and Staff College, Air University, CSAF V. CNO: Core Values and  Their Career Ending Impact (April 1998).

Admiral Richardson in Better Days

The summary of the career of Admiral James O. Richardson at the Naval Historical Center’s photo page is crisp and about as scrubbed of controversy as one can get:  “Beginning in January 1940, he was Commander in Chief, U.S. Fleet, holding that position during a stressful period marked by the fleet’s forward deployment to Pearl Harbor. Relieved by Admiral Husband E. Kimmel in February 1941, he served at the Navy Department into 1942.”

What it leaves out is one salient detail of that “stressful period” and its impact on Admiral Richardson’s career.  In October 1940 Richardson told President Franklin Delano Roosevelt that continued deployment of the U.S. fleet at Pearl Harbor was a bad idea for a number of reasons.  This military advice did not go down well with the Commander-in-Chief, who had his own plan and his own impression of himself as a naval strategist.  With months, Admiral Richardson was replaced by Admiral Husband E. Kimmel, on whose watch the Japanese attack on Pearl Harbor, the Day of Infamy,  occurred on December 7, 1941.

Adm. Kimmel is said also to have not been enthusiastic about the fleet’s basing, but having got the message, he saluted and sailed on.

The rest is history.

One is sure that the matter was infinitely more complicated than that tiny summary.  But what is not complicated is that — as is the case in all publicly known government disasters — the final stage of every project is the hunt for someone to blame.  This involves a lot of perfect hindsight mixed with the bowel-chilling perception of participants (think the 3:00 a.m. phone call) that this could be their own personal career-ender.

Thus, one is sure that some very angry arguments have been going on — at the “highest levels” — of Washington’s military and civilian establishment.  Cynics would say that the risk of summary beheading is usually in inverse proportion to one’s rank.  Agents and investigators are expendable.  Generals and directors are not.

What Kind of Innocent Contact Could a U.S. Army Officer Have With This Man, Anwar al Awlaki, Who Is LInked to Numerous Home Grown Terror Plots?

In that context, the following post from Strategypage.com about the case of Ft. Hood’s apparent-jihadist, Major Nidal Malik Hasan, seems to combine just the right film-noir-like mix of real-world experience and knowing resignation.  The full text is about the use of statistical techniques for predicting terrorism, but the excerpt here deals (speculatively, to be sure) with the problems inherent in Major Hasan’s case for everyone involved:

Ignoring The Threat Does Not Make It Go Away

November 11, 2009: Even before September 11, 2001, counter-terrorism experts sought to use statistical techniques to predict where the next big terror attack would occur….

In the United States, these techniques still suffer from a shortage of data (terrorists.) With enough data, you can test your model by successfully predicting the past, and then turn it on the future. But with insufficient data, you have to rely on human judgment. This is subject to other factors, like the political atmosphere. An example of this was the recent terror attack in Fort Hood, Texas. There, a Moslem army officer, shouting “God Is Great”, murdered 13 soldiers and civilians, and wounded over thirty others. The major had previously been detected by the counter-terror intelligence system (both via emails to known terrorists and his public calls for attacks on non-Moslems.) When the FBI (which handles counter-terror intelligence inside the U.S.) urged the army to do something, the army declined. The FBI did not press the matter. One can imagine army commanders, confronting what the FBI described as a “potential” terrorist, realizing that in the current political climate, disciplining (or discharging) a Moslem army officer would endanger the careers of the generals involved in such a decision. So nothing was done, until the terrorist made his move.

It should be noted that at this writing the Department of Defense denies that anyone in the military establishment above the grade of an investigator detailed to the Joint Terrorism Task Force (sound effect here: chop, chop) was ever informed of the information that had been developed about Hasan.

The buck is thus in furious circulation now.

The Los Angeles Times has an excellent piece today (Thursday, November 12, 2009)(“Fort Hood suspect’s contact with cleric spelled trouble, experts say,” by Sebastian Rotella and Josh Meyer).  Here are relevant excerpts:

The radical cleric contacted by accused Ft. Hood gunman Maj. Nidal Malik Hasan has such unmistakable connections to past terrorist plots that his e-mail exchanges with the American should have triggered an all-out investigation, a number of officials and experts now believe

….

Awlaki has left a well-documented trail of influence in a string of recent terrorism cases in North America and Europe.

…

“It seems that the American investigators had difficulties detecting signs of worrisome conduct,” Jean-Louis Bruguiere, a veteran French anti-terrorism judge, said in a telephone interview. “It may also be that, because of the respect for religion, and the excesses by the U.S. services in recent years, that today there’s a tendency to be too prudent — perhaps less vigilant.”

Bruguiere is a giant in counter-terrorism, having been instrumental in the cases — among many others — of Carlos the Jackal and the Libyan mid-air bombing of UTA Flight 772 over the Sahara Desert in 1989 with the loss of 170 lives.

Stratfor.com has a thoughtful and informed analysis here. This is a relevant excerpt, but the whole piece covers many more angles:

So far, the Hasan shooting investigation is being run by the Army CID, and the FBI has been noticeably — and uncharacteristically — absent from the scene. As the premier law enforcement agency in the United States, the FBI will often assume authority over investigations where there is even a hint of terrorism. Since 9/11, the number of FBI/JTTF offices across the country has been dramatically increased, and the JTTFs are specifically charged with investigating cases that may involve terrorism. Therefore, we find the FBI’s absence in this case to be quite out of the ordinary.

However, with Hasan being a member of the armed forces, the victims being soldiers or army civilian employees and the incident occurring at Fort Hood, the case would seem to fall squarely under the mantle of the Uniform Code of Military Justice (UCMJ). From a prosecutorial perspective, a homicide trial under the UCMJ should be very tidy and could be quickly concluded. It will not involve all the potential loose ends that could pop up in a federal terrorism trial, especially when those loose ends involve what the FBI and CIA knew about Hasan, when they learned it and who they told. Also, politically, there are some who would like to see the Hasan case remain a criminal matter rather than a case of terrorism. Following the shooting death of Luqman Ameen Abdullah and considering the delicate relationship between Muslim advocacy groups and the U.S. government, some people would rather see Hasan portrayed as a mentally disturbed criminal than as an ideologically driven lone wolf.

Despite the CID taking the lead in prosecuting the case, the classified national security investigation by the CIA and FBI into Hasan and his possible connections to jihadist elements is undoubtedly continuing. Senior members of the government will certainly demand to know if Hasan had any confederates, if he was part of a bigger plot and if there are more attacks to come. Several congressmen and senators are also calling for hearings into the case, and if such hearings occur, they will certainly produce an abundance of interesting information pertaining to Hasan and the national security investigation of his activities.

Round and round it goes.  Where it will stop, nobody knows.

TIMELY STRATFOR ANALYSIS ON HOW TO DETECT GRASSROOTS JIHADISTS

From Stratfor.com

Counterterrorism: Shifting from ‘Who’ to ‘How’

November 4, 2009

By Scott Stewart and Fred Burton

Stratfor.com

In the 11th edition of the online magazine Sada al-Malahim (The Echo of Battle), which was released to jihadist Web sites last week, al Qaeda in the Arabian Peninsula (AQAP) leader Nasir al-Wahayshi wrote an article that called for jihadists to conduct simple attacks against a variety of targets. The targets included “any tyrant, intelligence den, prince” or “minister” (referring to the governments in the Muslim world like Egypt, Saudi Arabia and Yemen), and “any crusaders whenever you find one of them, like at the airports of the crusader Western countries that participate in the wars against Islam, or their living compounds, trains etc.,” (an obvious reference to the United States and Europe and Westerners living in Muslim countries).

Al-Wahayshi, an ethnic Yemeni who spent time in Afghanistan serving as a lieutenant under Osama bin Laden, noted these simple attacks could be conducted with readily available weapons such as knives, clubs or small improvised explosive devices (IEDs). According to al-Wahayshi, jihadists “don’t need to conduct a big effort or spend a lot of money to manufacture 10 grams of explosive material” and that they should not “waste a long time finding the materials, because you can find all these in your mother’s kitchen, or readily at hand or in any city you are in.”

That al-Wahayshi gave these instructions in an Internet magazine distributed via jihadist chat rooms, not in some secret meeting with his operational staff, demonstrates that they are clearly intended to reach grassroots jihadists — and are not intended as some sort of internal guidance for AQAP members. In fact, al-Wahayshi was encouraging grassroots jihadists to “do what Abu al-Khair did” referring to AQAP member Abdullah Hassan Taleh al-Asiri, the Saudi suicide bomber who attempted to kill Saudi Deputy Interior Minister Prince Mohammed bin Nayef with a small IED on Aug. 28.

The most concerning aspect of al-Wahayshi’s statement is that it is largely true. Improvised explosive mixtures are in fact relatively easy to make from readily available chemicals — if a person has the proper training — and attacks using small IEDs or other readily attainable weapons such as knives or clubs (or firearms in the United States) are indeed quite simple to conduct.

As STRATFOR has noted for several years now, with al Qaeda’s structure under continual attack and no regional al Qaeda franchise groups in the Western Hemisphere, the most pressing jihadist threat to the U.S. homeland at present stems from grassroots jihadists, not the al Qaeda core. This trend has been borne out by the large number of plots and arrests over the past several years, to include several so far in 2009. The grassroots have likewise proven to pose a critical threat to Europe (although it is important to note that the threat posed by grassroots operatives is more widespread, but normally involves smaller, less strategic attacks than those conducted by the al Qaeda core).

From a counterterrorism perspective, the problem posed by grassroots operatives is that unless they somehow self-identify by contacting a government informant or another person who reports them to authorities, attend a militant training camp, or conduct electronic correspondence with a person or organization under government scrutiny, they are very difficult to detect.

The threat posed by grassroots operatives, and the difficulty identifying them, highlight the need for counterterrorism programs to adopt a proactive, protective intelligence approach to the problem — an approach that focuses on “the how” of militant attacks instead of just “the who.”

The How

In the traditional, reactive approach to counterterrorism, where authorities respond to a crime scene after a terrorist attack to find and arrest the militants responsible for the attack, it is customary to focus on the who, or on the individual or group behind the attack. Indeed, in this approach, the only time much emphasis is placed on the how is either in an effort to identify a suspect when an unknown actor carried out the attack, or to prove that a particular suspect was responsible for the attack during a trial. Beyond these limited purposes, not much attention is paid to the how.

In large part, this focus on the who is a legacy of the fact that for many years, the primary philosophy of the U.S. government was to treat counterterrorism as a law-enforcement program, with a focus on prosecution rather than on disrupting plots.

Certainly, catching and prosecuting those who commit terrorist attacks is necessary, but from our perspective, preventing attacks is more important, and prevention requires a proactive approach. To pursue such a proactive approach to counterterrorism, the how becomes a critical question. By studying and understanding how attacks are conducted — i.e., the exact steps and actions required for a successful attack — authorities can establish systems to proactively identify early indicators that planning for an attack is under way. People involved in planning the attack can then be focused on, identified, and action can be taken prevent them from conducting the attack or attacks they are plotting. This means that focusing on the how can lead to previously unidentified suspects, e.g., those who do not self-identify.

“How was the attack conducted?” is the primary question addressed by protective intelligence, which is, at its core, a process for proactively identifying and assessing potential threats. Focusing on the how, then, requires protective intelligence practitioners to carefully study the tactics, tradecraft and behavior associated with militant actors involved in terrorist attacks. This allows them to search for and identify those behaviors before an attack takes place. Many of these behaviors are not by themselves criminal in nature; visiting a public building and observing security measures or standing on the street to watch the arrival of a VIP at their office are not illegal, but they can be indicators that an attack is being plotted. Such legal activities ultimately could be overt actions in furtherance of an illegal conspiracy to conduct the attack, but even where conspiracy cannot be proved, steps can still be taken to identify possible assailants and prevent a potential attack — or at the very least, to mitigate the risk posed by the people involved.

Protective intelligence is based on the fact that successful attacks don’t just happen out of the blue. Rather, terrorist attacks follow a discernable attack cycle. There are critical points during that cycle where a plot is most likely to be detected by an outside observer. Some of the points during the attack cycle when potential attackers are most vulnerable to detection are while surveillance is being conducted and weapons are being acquired. However, there are other, less obvious points where people on the lookout can spot preparations for an attack.

It is true that sometimes individuals do conduct ill-conceived, poorly executed attacks that involve shortcuts in the planning process. But this type of spur-of-the-moment attack is usually associated with mentally disturbed individuals and it is extremely rare for a militant actor to conduct a spontaneous terrorist attack without first following the steps of the attack cycle.

To really understand the how, protective intelligence practitioners cannot simply acknowledge that something like surveillance occurs. Rather, they must turn a powerful lens on steps like preoperational surveillance to gain an in-depth understanding of them. Dissecting an activity like preoperational surveillance requires not only examining subjects such as the demeanor demonstrated by those conducting surveillance prior to an attack and the specific methods and cover for action and status used. It also requires identifying particular times where surveillance is most likely and certain optimal vantage points (called perches in surveillance jargon) from where a surveillant is most likely to operate when seeking to surveil a specific facility or event. This type of complex understanding of surveillance can then be used to help focus human or technological countersurveillance efforts where they can be most effective.

Unfortunately, many counterterrorism investigators are so focused on the who that they do not focus on collecting this type of granular how information. When we have spoken with law enforcement officers responsible for investigating recent grassroots plots, they gave us blank stares in response to questions about how the suspects had conducted surveillance on the intended targets. They simply had not paid attention to this type of detail — but this oversight is not really the investigators’ fault. No one had ever explained to them why paying attention to, and recording, this type of detail was important. Moreover, it takes specific training and a practiced eye to observe and record these details without glossing over them. For example, it is quite useful if a protective intelligence officer has first conducted a lot of surveillance, because conducting surveillance allows one to understand what a surveillant must do and where he must be in order to effectively observe surveillance of a specific person or place.

Similarly, to truly understand the tradecraft required to build an IED and the specific steps a militant needs to complete to do so, it helps to go to an IED school where the investigator learns the tradecraft firsthand. Militant actors can and do change over time. New groups, causes and ideologies emerge, and specific militants can be killed, captured or retire. But the tactical steps a militant must complete to conduct a successful attack are constant. It doesn’t matter if the person planning an attack is a radical environmentalist, a grassroots jihadist or a member of the al Qaeda core, for while these diverse actors will exhibit different levels of professionalism in regard to terrorist tradecraft, they still must follow essentially the same steps, accomplish the same tasks and operate in the same areas. Knowing this allows protective intelligence to guard against different levels of threats.

Of course, tactics can be changed and perfected and new tactics can be developed (often in response to changes in security and law enforcement operations). Additionally, new technologies can emerge (like cell phones and Google Earth) — which can alter the way some of these activities are conducted, or reduce the time it takes to complete them. Studying the tradecraft and behaviors needed to execute evolving tactics, however, allows protective intelligence practitioners to respond to such changes and even alter how they operate in order to more effectively search for potential hostile activity.

Technology does not only aid those seeking to conduct attacks. There are a variety of new tools, such as Trapwire, a software system designed to work with camera systems to help detect patterns of preoperational surveillance, that can be focused on critical areas to help cut through the fog of noise and activity and draw attention to potential threats. These technological tools can help turn the tables on unknown plotters because they are designed to focus on the how. They will likely never replace human observation and experience, but they can serve as valuable aids to human perception.

Of course, protective intelligence does not have to be the sole responsibility of federal authorities specifically charged with counterterrorism. Corporate security managers and private security contractors should also apply these principles to protecting the people and facilities in their charge, as should local and state police agencies. In a world full of soft targets — and limited resources to protect those targets from attack — the more eyes looking for such activity the better. Even the general public has an important role to play in practicing situational awareness and spotting potential terrorist activity.

Keeping it Simple?

Al-Wahayshi is right that it is not difficult to construct improvised explosives from a wide range of household chemicals like peroxide and acetone or chlorine and brake fluid. He is also correct that some of those explosive mixtures can be concealed in objects ranging from electronic items to picture frames, or can be employed in forms ranging from hand grenades to suicide vests. Likewise, low-level attacks can also be conducted using knives, clubs and guns.

Furthermore, when grassroots jihadists plan and carry out attacks acting as lone wolves or in small compartmentalized cells without inadvertently betraying their mission by conspiring with people known to the authorities, they are not able to be detected by the who-focused systems, and it becomes far more difficult to discover and thwart these plots. This focus on the how absolutely does not mean that who-centered programs must be abandoned. Surveillance on known militants, their associates and communications should continue, efforts to identify people attending militant training camps or fighting in places like Afghanistan or Somalia must be increased, and people who conduct terrorist attacks should be identified and prosecuted.

However — and this is an important however — if an unknown militant is going to conduct even a simple attack against some of the targets al-Wahayshi suggests, such as an airport, train, or specific leader or media personality, complexity creeps into the picture, and the planning cycle must be followed if an attack is going to be successful. The prospective attacker must observe and quantify the target, construct a plan for the attack and then execute that plan. The demands of this process will force even an attacker previously unknown to the authorities into a position where he is vulnerable to discovery. If the attacker does this while there are people watching for such activity, he will likely be seen. But if he does this while there are no watchers, there is little chance that he will become a who until after the attack has been completed.

MAJOR MALIK NIDAL HASAN INVESTIGATION CREEPS ON — FBI DOES NOT FIND ELEPHANT IN THE ROOM

Major Malik Nidal Hasan Shops at Local Convenience Store

An FBI press release (reproduced in full below) provides an update: government investigators cannot find an elephant in this room.

Passing strange.

Please suspend common sense and do not jump to any unwarranted conclusions — about political correctness, for example — while experts examine the obvious.  Even if it strikes one as more than a bit like children pushing Brussels sprouts under other food on their plates.

For another approach, check out this story about the Senate Homeland Security and Governmental Affairs Committee’s more . . . umm . . . aggressive analysis.  Or the hard-core opinion (“Sometimes an Extremist Really Is an Extremist’) of Los Angeles Times columnist Jonah Goldberg here.

Investigation Continues Into Fort Hood Shooting

The FBI continues to work closely with the Department of the Army in the joint, ongoing investigation into the tragic events that occurred last Thursday at Fort Hood. Our thoughts and prayers continue to be with the victims and their families.

With respect to the investigation—the Army Criminal Investigative Division is leading a coordinated criminal investigation with the support of the FBI and other components of the Department of Justice and the Texas Rangers. The investigation is in its early stages and the information we can provide now is limited.

With respect to what the FBI is doing—personnel from the Counterterrorism Division, Laboratory Division, and the Critical Incident Response Group (CIRG) are on site in support of the tragedy. The personnel deployed by the Laboratory and CIRG are specialists in crime scene analysis, evidence collection, and shooting incident reconstruction. Our victim assistance teams are working closely with their counterpart Department of Defense specialists, and we will continue to provide whatever resources are necessary to support the investigation.

Experts at Work: "The investigation to date has not identified a motive, and a number of possibilities remain under consideration."

At this point, there is no information to indicate Major Malik Nidal Hasan had any co-conspirators or was part of a broader terrorist plot. The investigation to date has not identified a motive, and a number of possibilities remain under consideration. We are working with the military to obtain, review, and analyze all information relating to Major Hasan in order to allow for a better understanding of the facts and circumstances that led to the Fort Hood shooting. Understandably, there is a large volume of information in various forms and it will take us some time to complete this work.

There has been and continues to be a great deal of reported information about what was or might have been known to the government about Major Hasan prior to the shooting.

Major Hasan came to the attention of the FBI in December 2008 as part of an unrelated investigation being conducted by one of our Joint Terrorism Task Forces (JTTFs). JTTFs are FBI-led, multi-agency teams made up of FBI agents, other federal investigators—including those from the Department of Defense—and state and local law enforcement officers.

"Investigators on the JTTF reviewed certain communications between Major Hasan and the subject of that investigation and assessed that the content of those communications was consistent with research being conducted by Major Hasan in his position as a psychiatrist at the Walter Reed Medical Center."

Investigators on the JTTF reviewed certain communications between Major Hasan and the subject of that investigation and assessed that the content of those communications was consistent with research being conducted by Major Hasan in his position as a psychiatrist at the Walter Reed Medical Center. Because the content of the communications was explainable by his research and nothing else derogatory was found, the JTTF concluded that Major Hasan was not involved in terrorist activities or terrorist planning. Other communications of which the FBI was aware were similar to the ones reviewed by the JTTF.

Our top priority is to ensure that the person responsible for the Fort Hood shooting is held accountable. The ongoing investigation includes forensic examinations of Major Hasan’s computers and any Internet activity in hopes of gaining insight into his motivation. But the investigation to date indicates that the alleged gunman acted alone and was not part of a broader terrorist plot.

After meeting with the president, FBI Director Robert Mueller ordered a review of this matter to determine all of the facts and circumstances related to this tragedy and whether, with the benefit of hindsight, any policies or practices should change based on what we learn.

Again, this is a joint, ongoing criminal investigation that continues to move forward on many fronts. There is still much to learn. As a pending criminal case, the government remains limited in what information can be disclosed publicly about a United States citizen under investigation. As with any criminal investigation, all suspects are presumed innocent unless and until they are proven guilty of a crime in a court of law.

At the Gates of Vienna

LESSON FROM MAJOR NIDAL MALIK HASAN, CHO SEUNG-HUI, AND JOHN ALLEN MUHAMMAD TO MS-13 HIT MEN AND BOSTON TERROR CELL: IT’S A POOR WORKMAN THAT BLAMES HIS TOOLS

Virginia Tech Shooter Cho Seung-Hui, Like Major Nidal Malik Hasan at Ft. Hood, Used a Killing Tool Widely and Easily Available on the U.S. Civilian Market to Decimate Virginia Tech Campus -- The High-Capacity Semi-Automatic Pistol

Fairly Civil’s last post on the alleged plot by Mara Salvatrucha (MS-13) leaders in El Salvador to assassinate an Immigration and Customs Enforcement (ICE) agent (“John Doe”) in Queens, New York, brought a skeptical response from some law enforcement quarters.  Here is the core of the post, which includes excerpts from an affidivait accompanying a request for an arrest warrant:

According to an affidavit filed in support of an arrest warrant, an MS-13 member specifically tasked to kill the ICE agent described the plot to federal agents. The gangsters were looking for an AK-47 or M-16 assault rifle to do the job.

The post also referred to a similar alleged MS-13 plot to kill LAPD gang detective Frank Flores, described in “The Plot to Whack a Cop,” which can be found here.

But retired Los Angeles Sheriff’s Department gang Sergeant Richard Valdemar questions in a private communication to the author whether these two incidents show a pattern, much less a shift, in MS-13’s abilities and intent regarding attacks on law enforcement officers:

Funny how in the many years (1993-2004) working with the FBI Task Force with numerous agents and agencies on the MS they would now fix on one LAPD Officer Flores in Los Angeles and one “John Doe” the ICE man in New York, and they can’t seem to find a AR-15 or AK-47 to do the dastardly deed. I think there have been a lot more effective cases and cops doing serious damage to the gang over the years than these two.

More likely …an informant, or couple of informants, got twisted in Los Angeles and New York, and gave up their own clique homeboys with information that they knew the cops would value (“they plan to kill a cop”). This kind of talk goes on a lot in the gang world, but the gang members don’t always go beyond the talking stage. And you, who has studied the trafficking in weapons associated with gangs (transnational gangs especially), can’t seriously buy the …”we can’t find an assault rifle to use” excuse.

At least one mid-level ICE official active in anti-gang operations in the Southwest agrees that one case does not make a pattern shift for MS-13 (the depredations and history of which are detailed in my book No Boundaries:  Transnational Latino Gangs and American Law Enforcement.)

Be that as it may, the cases raise an interesting question.  What kind of gangster or would-be terrorist can’t find the tools to do the job in the United States?

The gangsters in the ICE case allegedly were having problems finding their weapons of choice, i.e. a “fully automatic” M-16 or AK clone.  This echoed the case of would-be terrorists in Boston, posted here, who gave up a plot to shoot up shopping centers because they also could not obtain machine guns:

Fortunately, however, these jihadists thought they need machine guns, i.e., fully automatic weapons — hold the trigger down and the gun will fire until ammo is exhausted – to do the job. They gave up when they found out they could not obtain machine guns. However, knowledgeable experts understand that controlled fire from semiautomatic weapons — pull the trigger for each round — is at least as lethal and often more lethal than machine gun fire.

Thank g-d these extremist would-be terrorists were “weaponry pea brains.”

One might conclude that both of these cases simply reflect fortuitous ignorance on the part of would-be plotters.  Knowledge of firearms is not — as too many voices active in public fora apparently assume — easily received wisdom.  There is a stunning array of gun and ammunition types, with diverse capabilities, pros and cons, easily and widely available on the U.S. civilian gun market — not to mention the widespread criminal traffic in guns.  Any terrorist or gangster who complains about not being able to find the right tool for the job at hand is either a pea-brain or a poseur.  Not that there’s anything wrong with that!  But how long can we count on stupidity?

On the other hand, three successful mass shooters demonstrated that with firearms easily obtainable on the U.S. civilian market, a little bit of knowledge, premeditation, criminal intent, mental imbalance, and/or jihadist inspiration can be easily transformed into mass blood and carnage on … one wants to say “soft targets,” but how does one classify a U.S. Army fort?

Cho Seung-Hui committed suicide after killing 32 and wounding 25 in his infamous “Virginia Tech Massacre.” Washington Beltway sniper John Muhammad is scheduled to meet his maker after execution by lethal injection Tuesday, November 10. 1009, the U.S. Supreme Court having rejected his last-ditch appeal. Major Nidal Malik Hasan is alive at this writing, while government agencies try to figure out whether he was “merely” a jihadist gone nuts or a globally linked-in jihadist.

Major Hasan’s Choice for Killing Soldiers — The FN FiveseveN High Capacity Semiautomatic Pistol

Major Hasan's Pick for Soldier-Killing Machine -- FN's FiveseveN -- is Known in Mexico as the Matapolicia, or "Cop-Killer."

FN Herstal’s FiveseveN (cute name, eh?) semiautomatic pistol fires a small caliber round at very high velocity.  It is plain and simply a “vest-buster.”  The proprietary round-handgun combination is one of the most popular firearms smuggled by firearms traffickers into Mexico, where it is known as the matapolicia, or “cop killer.”

FN originally created the 5.7X28mm cartridge as the ammunition for the P-90 submachine gun.  The P-90 SMG was designed at the invitation of NATO and in response to military needs for a weapon to be used by “troops who needed both hands for other tasks, such as officers, NCOs and technical troops,” and that would be effective against the body armor that has become standard on the battlefield.

In the mid-1990s FNH set out to design a handgun to accompany the P90 SMG. This would not have been an issue if FN had stuck to its original profession that it would restrict the sale of its new armor-piercing ammunition and pistol.

The company clearly recognized the dangerous genie it was releasing. For example, a spokesman for the company told the Sunday Times in 1996 that the pistol was “too potent” for normal police duties and was designed for anti-terrorist and hostage rescue operations. The NRA’s American Rifleman claimed in 1999 that: “Law enforcement and military markets are the target groups of FN’s new FiveseveN pistol,” and told its readers, “Don’t expect to see this cartridge sold over the counter in the United States. In this incarnation, it is strictly a law enforcement or military round.” In 2000, American Handgunner magazine assured the public, “For reasons that will become obvious, neither the gun nor the ammunition will ever be sold to civilians or even to individual officers.”

High Capacity of the Fiveseven Adds to Its Mass Killing Power

In fact, however, the gun is being freely sold to civilians today, along with clearly problematic ammunition, through a variety of channels. What changed was precisely nothing.

Major Nidal Malik Hasan most likely gave some serious thought to his choice of weapons. With its high capacity magazine, extremely high velocity round, and cop-killing notoriety in Mexico, the FN FiveseveN was quite demonstrably an effective choice.

The reasons that American Handgunner referred to in 2000 became “obvious” last Thursday as Hasan efficiently murdered soldiers at Fort Hood in cold blood.

Beltway Snipers Chose Bushmaster AR -15 Clone

John Allen Muhammad was the senior member of the infamous Beltway sniper duo. His minor sidekick, Lee Boyd Malvo, was sentenced to life in prison for his role in the shootings, which took place over three weeks in October 2002 in Washington, D.C., Maryland, and Virginia. Ten people were killed and three others critically injured, as well as three other crime-related deaths attributed to the pair in Louisiana and Alabama.

2002 Washington Beltway Snipers Used a Bushmaster AR-15 Clone Like This Rifle

Muhammad, a veteran of the Persian Gulf war, picked a type of firearm with which he was undoubtedly familiar — a Bushmaster AR-15 type clone of the military’s M-16 assault rifle.  Bushmaster made its mark and fortune by cranking out AR-15 clones that beat the impossibly porous 1994 Semiautomatic Assault Weapons “Ban.”

AR-15 rifles of this type are as common in America as weed-whackers in spring at a suburban hardware store.  Here’s the point for slow-readers in this context:  Any gangster or would-be terrorist who can’t get his hands on one of these guns — whether you call it a “semiautomatic assault rifle” or a “thunder-stick” — or one of the the AK clones that have been dumped in the country latterly by Eastern European manufacturers and U.S. import-whores is simply in the wrong game.

Cho’s Choice — Ex-Lockmaker Gaston Glock’s High Capacity Model 19

Virginia Tech shooter Cho chose as his lead weapon the Glock Model 19, perhaps the archetype of the modern high-capacity semiautomatic pistol.  Easy to shoot, quick to reload, and demanding neither skill nor experience when shooting down unsuspecting innocents, the Glock Model 19 is also a favorite of gangsters and assorted thugs from Vancouver to the Yucatan.

Cho's Choice for Mass Murder -- Glock Model 19

NOW ITS PERSONAL–MS-13 GANG LEADERS IN EL SALVADOR ORDERED HIT ON U.S. ICE AGENT IN NEW YORK

Leaders of Mara Salvatrucha (MS-13) in El Salvador Ordered Hit on ICE Agent in New York

Now it’s definite.

And it’s personal.

Leaders of the transnational organized criminal gang Mara Salvatrucha (MS-13) have upped the ante and ordered a hit on a U.S. Immigration and Customs Enforcement (ICE) agent in New York.  An earlier plot to kill an LAPD gang detective, Frank Flores, was detailed in a RICO indictment earlier this year.  (See “The Plot to Whack a Cop” here.)

This case takes MS-13’s violent impudence to a federal level.

M-16 Assault Rifle Was One Choice of MS-13 Gangsters to Kill Federal Agent

According to an affidavit filed in support of an arrest warrant, an MS-13 member specifically tasked to kill the ICE agent described the plot to federal agents.  The gangsters were looking for an AK-47 or M-16 assault rifle to do the job.  (“Affidavit In Support Of Arrest Warrant,”  United States v. Walter Alberto Torres, also known as “Duke,” United States District Court for the Eastern District Of New York, Case 1:09-mj-01055-RLM).

This is perhaps not surprising, given MS-13’s violent history — which is detailed in my book, No Boundaries:  Transnational Latino Gangs and American Law Enforcement (University of Michigan Press, 2009).

As Fairly Civil has noted before, there is no question that gangsters in the United States have access to the firepower to take on U.S. law enforcement agents in the same way that narcotraficantes go after Mexican law enforcement authorities.  The question has been:  would gang leadership risk bringing the fury of America’s cops and agents down on their heads?

Apparently they would.   (Although one experienced gang cop takes exception to this conclusion here.)

AK-47 Was Other Choice of MS-13 Gangsters

It is worth noting that some gang experts familiar with the Mexican Mafia and their affiliated Sureno gangs insist that the Mexican Mafia made its decision a few years ago to target troublesome cops.

If there were any gloves left on, they are off now.

Here is an extended excerpt from the affidavit. (Under the circumstances, Fairly Civil does not include the name of the agent filing the affidavit.  The target is called “John Doe” in the affidavit.):

2. Over the past several years, my office has engaged in an extended, in-depth investigation of members of the street gang La Mara Salvatrucha 13, also known as “MS-13,” (hereinafter “MS-13″). The defendant WALTER ALBERTO TORRES DUKE, also known as “Duke,” is a self-admitted member of MS-13. MS-13 engages in acts and threats involving murder, attempted murder, robbery and extortion, in violation of the laws of the various states, including New York, and narcotics trafficking, in violation of Title 21, U.S.C., Sections 841 and 846.

3. MS-13 is comprised primarily of immigrants from El Salvador and other Central American countries, with members located throughout the United States and Central America. In the United States, major MS-13 chapters, or “cliques,” have been established in New York, Virginia, Texas, California and elsewhere. Following induction, members of MS-13 frequently demonstrate their membership by wearing clothing containing the colors blue and white and/or the words “MS” or “13.”

4. In the Eastern District of New York, MS-13 cliques have been established in various towns on Long Island, including Hempstead, Freeport, Roosevelt, Huntington, Brentwood and Islip, and neighborhoods in New York City including Jamaica, Flushing, Forest Hills and Far Rockaway. The cliques routinely hold meetings to plan criminal activity, and members pay dues into a clique treasury. The treasury funds are used to purchase firearms and ammunition and to promote other illegal activity. Inter-clique meetings, called “Universals,” are used to coordinate criminal activities among different cliques. Participation in criminal activity by a member, especially violence directed at rival gangs, increases the respect accorded to that member and is necessary to obtain a promotion to a senior or leadership position.

5. In the Eastern District of New York, MS-13 members are frequently involved in violent altercations with members of rival gangs such as the Salvadorans With Pride (“SWP”), the Latin Kings, the Bloods and the Netas. In the Eastern District of New York, MS-13 members have repeatedly carried out “drive-by” shootings and other violent attacks targeting members of rival gangs and others.

6. According to a cooperating witness (“CW”), members of MS-13 have been plotting to kill ICE Agent John Doe (“Agent Doe”), a leader in the investigation of MS-13, since at least December 2006. Specifically, CW stated that he, along with fellow MS-13 gang members in the Flushing clique of MS-13, plotted to murder Agent Doe with either a rifle or a shotgun, in retaliation for Agent Doe’s ongoing investigation of MS-13 in Queens, New York. CW stated that the gang was exceedingly angry at Agent Doe, whom MS-13 blamed for the incarceration of dozens of gang members in Queens, New York, and elsewhere.

7. A second MS-13 gang member, who subsequently pled guilty to racketeering-related charges in this District, admitted to participating in the same plot to kill Agent Doe in late 2006 and early 2007, during proffer sessions with the government.

8. On or about October 16, 2009, at approximately 9:30 p.m., detectives from the New York City Police Department (“NYPD”) observed a group of several admitted MS-13 gang members walking on Northern Boulevard, near 150th Street, in Flushing, Queens, and approaching other pedestrians in an aggressive manner. Two detectives requested the individuals to stop, and requested them to take their hands out of their pockets. The individuals ultimately complied, and the detectives recognized four of the individuals as previously identified MS-13 gang members. A fifth individual, the defendant TORRES, was not known to the detectives at the time, but identified himself as a member of MS-13 and stated that he wished to provide information to the NYPD. None of the individuals, including the defendant, were taken into custody.

9. On or about October 20, 2009, defendant WALTER ALBERTO TORRES, also known as “Duke,” contacted detectives from the NYPD and requested a meeting, which was arranged for later that day. Prior to commencing the interview with the defendant, the defendant was advised of his Miranda rights, both orally and in writing. Defendant TORRES indicated that he understood and wished to waive his rights, and signed a written waiver to that effect.

10. During the interview, the defendant stated, in sum and substance and in part, that he has been a member of MS-13 since joining the gang in approximately 1998 in El Salvador. The defendant stated that he emigrated to the United States in 2001, at which point he joined an MS-13 clique in Springfield, Virginia. He later moved to Alexandria, Virginia.

11. The defendant further stated that he and other MS-13 gang members agreed to murder Agent Doe and engaged in planning the murder. In order to perpetrate the murder, the defendant stated that the gang was attempting to procure an AK-47 assault rifle or an M-16 machine gun, in anticipation that the bullets would penetrate the agent’s body armor. TORRES stated that the order for the murder came from gang leadership in El Salvador, and that he discussed the plan with MS-13 gang members as recently as August 2009.

12. During the October 20, 2009 interview, it was determined that there was an outstanding warrant for the defendant’s arrest. Specifically, the defendant is wanted in Fairfax, Virginia, for violation of probation following his guilty plea to grand larceny, a felony. The defendant was subsequently taken into custody.

13. On or about October 22, 2009, NYPD detectives and ICE agents again interviewed the defendant, this time at Riker’s Island. The defendant was advised of his Miranda rights, both orally and in writing. Defendant TORRES again indicated that he understood and wished to waive his rights, and signed a written waiver to that effect.

14. During the interview, the defendant described, among other things, multiple acts of violence he committed on behalf of MS-13. The defendant also described the plot to kill a federal agent, stating that he traveled to New York in or about August 2009 for the specific purpose of participating in the planning and execution of the murder plot. Information provided by the CW, as well as surveillance by law enforcement agents, corroborates the identity and gang membership of the coconspirators identified by TORRES. According to TORRES, he was in charge of putting the plan together, and he agreed with fellow gang members to participate in the ongoing plot to kill Agent Doe with a high powered rifle or similar weapon.

Maybe All They Need is a Hug: MS-13 Gangsters Flash Devil's Horns

A BRILLIANT BLOG POST ON HEZBOLLAH

Hezbollah's Leader Sayyid Hassan Nasrallah: Teaching the World a Thing or Two

Whatever you think about Hezbollah, you ought to read this blog post: The Hidden Army: Hezbollah Teaches the World How to Fight, by Ian Welsh.  Here is an excerpt:

Hezbollah’s army is a secret one. It’s like an old fashioned spy agency.

It doesn’t exist.

If you’re enrolled in it, you don’t tell anyone. The war was rife with stories of soldiers being killed, and their families finding out for the first time that they were even in Hezbollah’s army. This, of course, is to make it impossible to use assassination, mostly aerial assassination, to take out key leaders.

Hezbollah is an almost perfect Darwinian organization. Israel uses informants and assassination? Great – we’ll keep even our membership secret. Israel uses air power? We’ll dig tunnels and set up aerial blinds for our missile launchers. Israel doesn’t like taking heavy infantry casualties – fine then, we’ll set up overlapping bunkers which simply cannot be cleared without taking losses.

Hezbollah has created the new model army, and a new model state. Call it the Hidden Army. An army that blends in with the population, that moves only when it cannot be seen, that sets up in the expectation of surveillance. An army that knows all the high tech games, and spent the time to figure out how to nullify them. It sounds like a guerrilla army, and it is, but it’s also much more: it’s an army capable of engaging in strategic warfare and an army capable of engaging in full on attrition defense warfare against Israeli main battle forces. It’s hard to overstate how impressive this is.

There is more at the post, including a string of unusually lucid give and take comments.  One need not agree with the totality of this posting to get that it is one of the best things recently posted on Hezbollah.

Likely U.S. Attorney in Los Angeles Wins Wide Support

LAPD Inspector general Andre Birotte Jr. Has Broad Support to be Next U.S. Attorney in Los Angeles

André Birotte, Jr.

LAPD Inspector General

Mr. Birotte joined the Office of the Inspector General in 2001. In 2003, he was appointed Inspector General of the Los Angeles Police Department by the Los Angeles Board of Police Commissioners. Mr. Birotte and his staff of approximately 32 employees, which include lawyers, professional auditors and former law enforcement executives, are responsible for conducting and overseeing LAPD internal investigations and audits to ensure compliance with both LAPD policies and mandates from the Federal Consent Decree. Mr. Birotte holds an undergraduate degree from Tufts University and a J.D. from Pepperdine University School of Law. Following law school, Mr. Birotte worked as a deputy public defender in Los Angeles where he represented indigent clients charged with felony and misdemeanor offenses in several phases of criminal proceedings including preliminary hearings, pretrial conferences, arraignments and over 30 trials. He then joined the U.S. Attorney’s Office, where he investigated and prosecuted numerous violent crime, fraud and narcotics trafficking cases. Thereafter, he joined the Quinn Emanuel law firm, where he represented clients in white-collar crime and commercial litigation matters.

LAPD Inspector General’s Internet Website

Los Angeles is buzzing this week, awaiting a new police chief.  But another nomination, perhaps  just as important, is in the wind.

Last week the Los Angeles Times floated a trial balloon for the likely nomination of Andre Birotte, Jr., the Los Angeles Police Department’s Inspector General, to become the next United States Attorney for the Central District of California (Los Angeles and much of Southern California).

LAPD’s inspector general likely choice for U.S. attorney in L.A.  Andre Birotte Jr. emerges after months of speculation as the presumptive nominee to be appointed to the vacant post by Obama.

The news of Birotte’s pending appointment prompted praise from diverse quarters.  Smart, moderate, and soft spoken, Birotte has successfully navigated the shark-filled waters of L.A. politics and come out strong with his integrity intact.

Social justice maven Celeste Fremon headlined her WitnessLA social justic blog:  “Andre Birotte Jr. 4 US Attorney? Please, Let it Be So!”

Here are her thoughts on Birotte:

I’ve got my fingers firmly crossed that Andre is indeed the nominee.  Honestly, I can’t think of a better choice for LA’s U.S. Attorney. He’s respected by a broad spectrum of people in and around law enforcement.

Plus, with basically no real power in his position as  inspector general for the Los Angeles Police Department, he has still managed to have a real influence in helping the LAPD transform itself into a department that the city can once again be proud of.

The LAPD command staff holds him in high regard.  At the same time,  Andre made a point of reaching out liberal-leaning law enforcement watchers like me—not to garner press attention or advance any agenda—but simply to talk about issues.

Andre is one of those rare people with a truly nuanced intelligence who seeks to understand any problem before him at a deeper and more complex level than what the surface presents.

And, hey, the guy also has a good sense of humor—mandatory in this business, in my humble opinion.

Let’s hope he’s our new U.S.  Attorney.

Bruce Riordan, one of Birotte’s former colleagues in the U.S. Attorney’s office and now Chief, Gang Division, Los Angeles City Attorney, likewise knows Birotte well and offered this assessment:

I have known and worked with Andre for more than a decade.  First as an Assistant United States Attorney,  then as a Deputy Inspector General, and finally as the Inspector General for the LAPD.  In every capacity in which he has worked he has served with real distinction.  He has an innate sense of fairness, a strong moral compass and he is also decisive.  If he is indeed nominated and confirmed for the position of United States Attorney, then it is my firm opinion that the District will see not only a very good man, but also a very good leader.  The District will be in good hands.

If Birotte lands the job, he’ll have his hands full from the first minute.  In addition to pending cases handed off from former U.S. Attorney Thomas O’Brien, he’ll have to lead the way in one of the nation’s most prestigious — and hottest — law enforcement environs.

With the generally positive reviews of all the finalists for chief, and that spectrum of opinion supporting Birotte’s likely nomination, things should be looking up for the City of Angels on the law enforcement front.

THE UNITED NATIONS (GANG) — DRUG-TRAFFICKING ACROSS CANADA-UNITED STATES BORDER

Members and Associates of the United Nations (UN) Gang. Clayton Roueche is in First Row Center. (Vancouver Sun Photo)

Around 11:30 p.m. on April 2 [2008] in suburban Vancouver, B.C., Clayton Roueche’s cell phone rang. It was his friend Pam Lee, who was looking for a ride down to Bellingham [Washington] International Airport, where she hoped to catch a flight to a concert in California.

“I know I can’t ask you,” Lee said.

“Yeah,” replied Roueche, as Canadian federal authorities quietly listened in with recording equipment. “I’ll never come back.”

“Do you know anybody that could?” Lee asked.

“Drive you to the States?” asked Roueche.

“Yeah,” Lee replied.

Well, said Roueche, “I wouldn’t even get down [to Bellingham]; they’d throw me in jail.”

Seattle Weekly, “The Last King of Potland,” September 09, 2008

Think of drug lords, drug trafficking organizations, and cross-border drug-trafficking and one naturally thinks of the U.S.-Mexican border, the Mexican Mafia, and Latino street gangs.  But the United Nations Gang in Vancouver, British Columbia has become a major criminal force in the U.S.-Canadian criminal traffic.  In a sentence, the gang has smuggled marijuana and people south across the border, and cocaine and guns north.

This Thursday (November 5, 2009), Clayton (Clay) Roueche, said to be the gang’s founder, will face sentencing in the federal district court in Seattle, Washington.  Federal prosecutors have asked the court to sentence Roueche to 30 years in prison.

One Doubts UN Gang Leader Clay Roueche Will Be Laughing at His Sentencing

In spite of his well-founded suspicion and caution, Rouche was arrested last year.  The collar is described in the government’s sentencing memorandum. (United States v. Roueche, “Government’s Sentencing Memorandum,” U.S. District Court, Western District of Washington, Docket No. CR-07-0344 RSL.):

On May 19, 2008, Clay Roueche flew from Canada to Mexico, ostensibly to attend the wedding of a UN Gang member.  Mexican law enforcement learned that Roueche was wanted in connection with drug trafficking crimes and rejected his application for entry into their country.  When Roueche’s return flight to Canada landed in Houston, Texas on a layover, he was arrested on the outstanding warrant [from a sealed indictment] and brought to this district.

Court records demonstrate that, although marijuana enthusiasts may perceive toking a bit of “BC Bud” to be a “harmless” indulgence, akin to drinking a glass of fine champagne, the proceeds of trafficking in the Canadian weed finance cocaine trafficking by the same criminal organizations.  Of course, this marijuana is also pouring into the ersatz “medical marijuana” compassionate use market.

Background

The Seattle Weekly described Roueche and the UN Gang in its September 2008 article, “The Last King of Potland,” as follows:

[The] British Columbia’s “United Nations” drug gang, [was] founded by Roueche and some of his high-school buddies in the 1990s. Now comprising as many as 300 white, Asian, and Persian members fond of dragon tattoos and designer hoodies, the gang has its own monogrammed tombstones, jewelry, and kilos of cocaine, as well as its own motto-”Honor, Loyalty, Respect”-and trail of alleged murders.

Canadian court documents describe United Nations members as “involved in marijuana grows and cross-border trafficking, extortion, threatening, and kidnappings and…linked to numerous homicides.” Based in the Fraser River Valley south of Vancouver, the organization is connected to the international Chinese crime syndicate Triad, according to investigators.

With help from local associates, the UN’s money and drugs move through Puget Sound or eastern Washington, then along the West Coast, according to U.S. and Canadian court documents. Cocaine flows north from Mexico, marijuana heads south to California, and cash goes both ways as payment and profit. The gang also deals in Ecstasy-but bud is #1.

…

The Economist recently estimated that historically low-crime Canada now has 950 major gangs, with Vancouver as ground zero. This decade, the B.C. drug trade has spiked to a now-estimated $7 billion annually. All that money creates a glitzy gang culture in which, a Vancouver policeman observes, “handguns are as ubiquitous as cell phones.”

The Federal Case

BC Bud Confiscated in Washington State in 2008. Smuggling of Similar High Grade BC Weed Financed the UN Gang's Cocaine Operations.

Last April Roueche pleaded guilty, and according to the government’s sentencing memorandum,  “[admitted] to conspiring with others to export more than 5 kilograms of cocaine and more than 1,000 kilograms of marijuana.  He also admitted to arranging for the collection and transportation of marijuana proceeds in an attempt to conceal or disguise the sources of those funds.” The sentencing memorandum calls this a merely “legalistic description,” and fills in the details, buttressed by an affidavit and other exhibits from the investigation.

Here is how the federal prosecutors summed up Roueche and the UN Gang’s criminal operations:

In this era, where federal law enforcement agents have focused intensely on stopping the international drug trade, the phrases “drug lord” and “international drug-trafficking organization” can be misused and overstated.  But not in this case.  Defendant Clay Roueche oversaw the movement of tens of thousands of pounds of marijuana, thousands of kilograms of cocaine, and millions of U.S. dollars through several states and at least three North American countries.  He used private airplanes, float planes, helicopters, cars, semi-trucks and coded Blackberry telephones to create a secret and successful organization that he planned to extend into the Far East and South America. He employed pilots, drug couriers and money transporters to carry out the objectives of his organization.  His organization was equal parts corporate and violent.  Clay Roueche worked hard, with laudable organizational skills coupled with an attention to detail, to achieve the moniker “drug lord.”  Similarly, his organization deserves the descriptor of “international drug trafficking organization.”

Three separate drug and money laundering investigations dovetailed in 2005 and 2006, and each led to Roueche’s Canadian-based, multi-national, multi-ethnic drug trafficking organization known as the United Nations Gang (hereinafter “UN Gang”). Defendant Clay Roueche was the public face of this violent, quasi-corporate group, and led its drug trafficking endeavors.  The group used guns, threats and violence to keep its contracted workers and gang members in line and to ensure that no one informed on the group’s activities.  The UN Gang is the type of organized, sophisticated drug trading group that presents a significant danger to the safety, peace and security of the United States.

Vancouver Gang Guns -- Firerams from US Civilian Gun Market Empower DTO Throughout Western Hemisphere

In one of the attached exhibits, U.S. Immigration and Customs Enforcement (ICE) agent Peter Ostrovsky described one of the “dovetailed” investigations that led to Roueche’s indictment, arrest, and ultimately guilty plea (United States v. Roueche, “Government’s Sentencing Memorandum, Exhibit 3, Affidavit of Peter Ostrovsky,” U.S. District Court, Western District of Washington, Docket No. CR-07-0344 RSL.):

3. …most prolific Canadian DTO are involved in the smuggling of Canadian marijuana into the United States in order to generate illicit proceeds which are subsequently used to purchase multi-kilogram quantities of cocaine in the United States for subsequent export and trafficking into Canada. This sort of criminality dramatically increases the United States’ illicit drug supply by causing Mexican and Colombian DTO to smuggle more cocaine, which is subsequently trafficked in the United States and sold to Canadian DTO.

4.  In the fall of 2004, the Royal Canadian Mounted Police (RCMP) Border Integrity Program relayed information to ICE that they heard helicopters were being used for the smuggling of drug contraband across the United States–Canada border. The RCMP had no specific information about where the smuggling activity was occurring along the border….”

5.  Based on the information that ICE collected, I conceived Operation Frozen Timber as an ICE-led investigative operation with criminal investigative and homeland security purposes…By conducting such an investigative operation, ICE would also be able to ultimately prevent others from using smuggling via helicopter as a means to conduct National Security-related offenses.

6.  During January 2005, ICE agents began extensive follow-up investigation to positively identify the persons, aircraft and locations that were being used during suspected smuggling via helicopter activities.  Ultimately, ICE investigation determined that the majority of the persons that were involved in smuggling via helicopter activities were working under the direction of Roueche and his subordinates in the UN GANG.

Canadian Helicopters Brought Weed Into US

[ICE deployed motion-triggered video monitors in remote locations, and working with informants and other sophisticated investigative techniques, observed and filmed a number of occasions when helicopters from Canada brought in large loads of marijuana, dumping them off in duffle bags to gang members on the ground.  Working through an informant, ICE agents in May 2005 sold “suspected Canadian drug smugglers” Trevor Schoueten and Brian Fews a pickup truck which had been covertly fitted out with a GPS monitor and a “kill switch.”  In June, the kill switch was activated during a run and the investigators gathered further intelligence when “Roueche subsequently contacted the informant and requested that the informant assist Schoueten in recovering the vehicle and marijuana load from the Washington State Patrol.”  Several subjects of the investigation admitted that they had been smuggled across the border in the helicopters.]

16…. Unfortunately on that same date, a RCMP member who was requested to identify the pilot of the helicopter, inadvertently advised the pilot Henry Rosenau that the U.S. Government was aware of his smuggling activities along with the locations from where Rosenau was operating the helicopters in British Columbia, Canada.…

…

21.  During December, 2005, during telephone conversations with the informant, Roueche solicited the informant to transport the illicit proceeds from narcotics sales in Seattle, Washington to Los Angeles, California in a vehicle with a hidden compartment.  During the conversations, Roueche stated that the transportation of the proceeds to California would enable him “to get what I need.”  Roueche’s statement was a reference to cocaine for the purpose of exporting it to Canada.

…

23.  Between January and March 2006, on multiple occasions, Roueche and his subordinate [defendant] Daniel Russell, directed the informant to have undercover ICE agents pick up, transport and deliver a total of $748,460 to persons in the Los Angeles area.

…

26.  During 2006, follow up investigation by ICE agents and local police investigators and the conduct of multiple search warrants resulted in the seizure of over $2,000,000 in U.S. currency and approximately 200 kilograms of cocaine in the Los Angeles area.

…

30.  As a result of Operation Frozen Timber, ICE agents identified at least 15 helicopter landing sites on federal and state lands in Washington State that were being used by the UN GANG for drug and human smuggling activities.  ICE agents further determined that the smuggling via helicopters was as follows:  there were multiple Canadian-registered helicopters operating from Canada away from traditional airports in rural locations, the helicopters were being loaded with drug contraband in uninhabited, forested mountainous terrain near the border, the helicopters were evading civil aviation radar detection and authorities by flying through cross border mountainous terrain where there is no radar coverage, the helicopters were flying eight to 40 miles south of the border and exploiting uninhabited federal and state lands where they could offload their drug contraband in 43 seconds to 3 minutes and then return to Canada.  Based upon the aforementioned technical data alone, this sort of smuggling activity poses a significant threat to U.S. border and homeland security.

31.  Also as a result of Operation Frozen Timber and its focus on Roueche and the activities of the UN GANG in multiple judicial districts in the Western United States, ICE agents and their law enforcement partners were able to seize approximately 2,169 pounds of Canadian marijuana, 335 kilograms of cocaine, $2,033,388 in U.S. currency, two pounds of crack cocaine, four pounds of methamphetamine, five firearms and conduct the undercover delivery of $748,460 in U.S. currency at the direction of Roueche and Russell.  ICE agents also documented through motion-activated video surveillance systems, that approximately 3,500 pounds of Canadian marijuana was smuggled into the United States by Roueche and the UN GANG which was not seized by the U.S. Government.  Based on the aforementioned seizures, information and proffers by convicted UN GANG members and criminal associates…it is estimated that Roueche and the UN GANG were responsible for importing at least 2,000 pounds of Canadian marijuana into Washington State from British Columbia, Canada and exporting at least 200 pounds of cocaine from California into British Columbia, Canada, per month.

Unrepentant Gang Boss

Roueche may be brilliant as a gang boss and drug lord.  But he did himself no favors as a convicted felon awaiting sentencing.  According to the sentencing memorandum, he painted himself as unrepentant and down with the hoods he met in several lockups:

None of Roueche’s post-arrest actions or writings evinces any desire to change his lifestyle or move in a different direction.  He simply wishes to continue supporting his organization until he can get out and pick up where he left off.  In a letter addressed to “Mrs. Roueche” but which begins, “To my Bro’s [sic],” Roueche spends two handwritten pages re-dedicating himself to his gang.  He muses about the  “hella cool” cellmates he had in the Federal Detention Center, commenting that he closely listened to their stories because he has, “a big thirst for knowledge.”  The first person he described had, “crazy tatts and bullet wounds everywhere as well as stacks of charges LOL.”

Roueche spoke reverentially of this inmate, as well as two others with criminal pasts, and describes that they all “seemed solid.”  He put himself on equal footing with these criminals, explaining, “it seems real men can usually tell what others are real.” Roueche also appears to hold those who refuse to talk to the authorities as more upstanding than those who do not.  He described that the inmates in state prisons are more “solid” than those in the federal system because those in the state system must “show paperwork.”  He described his stay in a Texas jail as “interesting” and noted that he “met a cool crew there too.”

Roueche simply shows no desire to walk away from the very people with whom he surrounded himself during his crimes.  His behavior and his letters evince a continuing need to lead his “crew” and return to the drug trafficking he has lived for the past several years.  He does not show a need or an inclination to change.  When released, Roueche will undoubtedly go back to trafficking in narcotics, or whatever illegal goods make the most money for him.

This, of course, will do him no good when he stands before the bar of justice and gets what’s coming to him.  Meanwhile, local media in Vancouver reports that the UN Gang has recovered from its loss and is still up to its elbows in criminality.

Here's a Good Idea: Smoke BC Bud and Finance Another Crack Cocaine Addict's Supply!

THE OTHER WAR IN AFGHANISTAN — TALIBAN, DRUG GANGS, AND THE DEA

Drug Money Fuels Taliban

Rick: Don’t you sometimes wonder if it’s worth all this? I mean what you’re fighting for.

Victor Laszlo: You might as well question why we breathe. If we stop breathing, we’ll die. If we stop fighting our enemies, the world will die.

Rick: Well, what of it? It’ll be out of its misery.

Victor Laszlo: You know how you sound, Mr. Blaine? Like a man who’s trying to convince himself of something he doesn’t believe in his heart.

Casablanca (1942)

The significance of the tragic deaths of three DEA agents in Afghanistan has largely been missed by the main stream media.

Why were they there?  What were they doing?  Why does it matter?

You Know Whos Doing You Know What in Afghanistan 2001 -- Cash Helped

The New York Times, for example, dithered today as only it can about the — gasp — “news”  that the CIA has been doling out cash in Afghanistan.  CIA?  Doling out cash among factions? To paraphrase Captain Renault in Casablanca, “I am shocked, shocked!”  Just kidding.  Yawn.  See, for example, Gary C. Schroen’s First In: An Insider’s Account of How the CIA Spearheaded the War on Terror in Afghanistan (2005). Here is an illustrative  excerpt of that first-hand account of the CIA’s contribution to the original rout of the Taliban:

I suggested to Rick that we offer to provide the Northern Alliance $500,000 for the local purchase of food and other humanitarian goods. He agreed, and we got out the black suitcase to count and wrap the money. I was especially grateful for the extra funds we had received the night before, because this payment to the Northern Alliance would have left us with only a little over $120,000 of the original $3 million we had brought with us. (Page 175)

Half-a-million here, half-a million there.  Pretty soon it adds up to some real money.  Hello?  Afghanistan is one of those places (there are so many in the world) where B—S–t walks and money talks.

To the MSM, this is news.  The other war — the drug war — in Afghanistan is a haze, a sideshow, and a distraction.

Here, however,  are excerpts from two sources that demonstrate that other war’s  centrality to not only the fighting in Afghanistan, but to the defense of Western civilization.

Statement for the Record

Wednesday, October 21, 2009, By Michael A. Braun Before the U. S. Senate Caucus on International Narcotics Control Regarding ‘U.S. Counternarcotics Strategy in Afghanistan’

The Continued Evolution of the Taliban,

And 21st Century Global Organized Crime

The Taliban is following in the footsteps of the Revolutionary Armed Forces of Colombia (FARC) and at least 20 other terrorist groups designated by our nation, into a ‘hybrid terrorist organization.’ The Taliban was merely an insurgent group just a few short years ago, but they are now clearly one part designated terrorist organization—and one part global drug trafficking cartel.

Just like the FARC, the Taliban got its start in the global drug trade by simply taxing poor farmers, which is one of the world’s oldest forms of organized criminal extortion. They then began taxing the movement of drugs and precursor chemicals within Afghanistan, and across its borders. Like the FARC, the Taliban formed ever-closer relations with traditional traffickers as they grew more accustomed and comfortable with each other, and the Taliban eventually started providing security at the traditional traffickers’ clandestine laboratories and cache sites. In the private sector, it is called ‘outsourcing.’

…

The DEA reestablished its presence in Afghanistan in early 2003, after being forced from the country by the Soviet Union’s invasion in 1979. By 2005, the DEA clearly identified the Taliban’s involvement in protecting clandestine laboratory and drug cache sites for traditional traffickers. Flash forward just four short years. The Agency has unmistakably determined that the Taliban is now managing and operating major clandestine laboratories, drug cache sites, and poppy bazaars. They have morphed; they have become the manufactures and traffickers of heroin, opium, hashish and marijuana.

As an example, just two weeks ago the Counter Narcotics Police of Afghanistan and Afghan Army Commandos, supported by the DEA and U.S. military Special Forces, raided a major laboratory in Southern Afghanistan and seized approximately 1.8 metric tons of opium and heroin—a major haul by anyone’s calculations. It doesn’t stop there. Sixteen Taliban were killed at the site, and the evidence clearly reveals the group was involved in the manufacture of heroin.

What is even more troubling is the fact that Improvised Explosive Devices (IEDs) and IED bomb making materials were recovered at the scene, along with a host of other weapons and Taliban propaganda and training manuals. Thanks to strong support from our military, raids like this are now taking place weekly. IEDs and IED bomb making materials, suicide vests, rocket-propelled grenade launchers, other weapons, as well as Taliban propaganda and training manuals, are routinely located at these sites. Nearly all of those labs, cache sites and opium bazaars are directly linked to the DEA’s High Value Targets (HVTs) in Afghanistan, and they provide a treasure trove of evidence that support future prosecutions.

…

The money generated by the Afghan opium and heroin trade is staggering, and most experts usually fail to consider how much money the Taliban derives from the hashish trade. In June 2008, the Counternarcotics Police of Afghanistan and Afghan Army Commandos, supported by the DEA and U.S. military Special Forces, raided a Taliban hashish processing facility near Spin Boldak in Southern Afghanistan where they seized 235 metric tons of the drug—by far the largest drug seizure in world history. The estimated Western European value of the drugs was over $600 million dollars. If the Taliban’s profit was just 5 percent, which is being overly conservative, they stood to gain $30 million dollars from the stash. Around the same time, the DEA and Afghan counterparts raided a HVT’s compound in Eastern Afghanistan and seized his drug ledgers, which clearly showed that $169 million dollars had moved through the traffickers hands for the sale of 81 metric tons of heroin over just a 10-month period. He is unequivocally affiliated with the Taliban, and is facing American justice.

…

The Bottom Line

We are not going to win the fight in Afghanistan until we get the country’s drug production and trafficking activity in check, because it provides a limitless stream of funding directly into the Taliban’s war chest.

Professor James Fearon of Stanford University completed a study in 2002 entitled, “Why Some Wars Last Longer than Others.” The professor identified and studied 128 civil wars and insurgencies from 1945 to 2000, and found that on average they lasted about eight years. However, he identified and isolated 17 of the 128 that lasted on average about five times longer than the other 111—40 years or longer. The common thread between the 17 was that the anti-government forces involved in the conflicts generated their own contraband revenue, most of which was through their involvement in one or more aspects of the global drug trade.

Finally, the Taliban and traditional drug traffickers both thrive in what our military calls ‘ungoverned space.’ In Afghanistan, they share a truly symbiotic relationship. When traditional drug traffickers successfully destabilize government by corrupting officials—the Taliban benefits. When the Taliban successfully destabilizes government through attacks on government forces or by intimidating the populace—the drug traffickers benefit. They are both constantly working to destabilize government and create permissive environments in which to operate, because they flourish in areas of weak governance. Consequently, if you fight one with any less passion and vigor than you fight the other, you are most likely doomed to fail.

And this from Strategypage:

Winning The Mind Games

The foreign troops are the principal Taliban target, as it’s a big deal for the Taliban to “cast out the infidels (non-Moslems).” Failure has been constant. Increasing the IED attacks this year by about twelve times the 2005 level has yielded 250 dead foreign troops.

But that is not enough to defeat the foreign troops in a military sense. NATO casualties in Afghanistan are already lower than those in Iraq, which are, in turn, only a third of the casualty rates in Vietnam and World War II. Historically, you have to kill at least ten percent of a force to have any chance of defeating it. But this year, the Taliban and drug gangs will kill a quarter of percent (one in 400) of the foreign troops.

What the Taliban, and especially the drug gangs, want to do is use the foreign troops casualties to persuade the foreign governments to remove those troops. The main reason for all this is to enable the drug gangs to keep manufacturing (via growing and processing poppy plants) heroin. This has made many Afghans (mainly Pushtuns) unimaginably wealthy (not hard to do in the poorest nation in Eurasia). While the Taliban have illusions about ruling Afghanistan again, the majority of Afghans (especially the 60 percent who are not Pushtun) want none of that, and have the guns and determination to get their way. But with the foreign troops gone, the drug gangs can buy the cooperation of most warlords, politicians and tribal leaders in the country.

While the drug gangs are rich, they are not a military match for the foreign troops. So they are basically running a propaganda game on the foreign governments providing those troops. The deaths of those foreign troops are made to look like the harbinger of some military apocalypse. So while the Taliban and drug gangs are losing militarily, they are winning the mind games. What will most likely do them in will be the next realization, by the foreign governments, and media, that the growing availability of cheaper heroin is causing demands from the voters to “do something.” Eventually, too many people connect the dots, and the Taliban scam is undone.

DEA Agents Training in 2008 For Deployment to Afghanistan as a Foreign-Deployed Advisory and Support Team (FAST) (DOJ Photo)

THREE DEA AGENTS KILLED IN AFGHANISTAN AND WHY IT MATTERS

DEA Mourns the Loss of Three DEA Special Agents in Afghanistan

OCT 26 – WASHINGTON, DC – The United States Drug Enforcement Administration (DEA) today confirmed that three Special Agents were killed during a counternarcotics mission in Afghanistan.

 

Memorial Service Was Held In Kabul

AND WHY IT MATTERS

Fascinating excerpt from Strategypage:

Fighting The Wrong War

October 23, 2009: The enemy in Afghanistan is a many headed beast. American intelligence has compiled a list of nearly 500 Taliban and drug gang leaders. If all these guys were to suddenly disappear, the violence who swiftly change to internal battles within the gangs, as lower level men fought for control of dozens of leaderless Taliban and heroin producing gangs. While you can’t destroy the gangs, you can greatly reduce their effectiveness. This is particularly true of the ones that chiefly carry out terror attacks. The drug gangs have the money incentive, which constantly brings in more ambitious people. This has been the experience in places like Colombia, where the only successful strategy has been to interrupt drug production, and deny the drug gangs actual control of territory. For Islamic terrorists like the Taliban, killing the leadership is the key, because these leaders (who include those with technical skills) are difficult to replace. Thus groups like the Taliban have been destroyed in many other countries in the last two decades. But in Afghanistan, the Taliban are not the main enemy; the drug gangs are. Without the drug money, the Taliban become a troublesome Pushtun faction, not a mercenary military power that seeks to run the entire country again. That’s never going to happen, as the non-Pushtun majority would go back to the civil war (that the U.S. intervened in during its late 2001 invasion).

The lower level of foreign troop casualties in Afghanistan is largely due to the lower skill levels among terrorist leaders. Despite much money and effort, the roadside bomb campaign in Afghanistan is not nearly as lethal as the one in Iraq was. The Taliban apparently misread the experience with roadside bombs in Iraq (where they failed to dislodge the foreign troops), and persist in their belief that every bomb casualty weakens the resolve of the foreign governments, and will eventually lead to the withdrawal of the foreign troops. You’d get this impression by paying attention to the foreign media. But in the long run, those foreign governments have a more troublesome problem with Afghanistan, and that’s the growing quantity of heroin coming out of there. This is causing more and more grief in the West. Leaving Afghanistan alone means doing nothing about the heroin supply, and this will eventually become politically unacceptable. Most Western politicians are aware of this, even if the media that reports on them is not (or, at least, is not admitting it yet.)

WRONG ZOMBIE? COULD MISTAKEN IDENTITY STRIKE TWICE IN TWO FEDERAL MS-13 CASES? BOTH INVOLVING ALEX SANCHEZ?

Sorry, Wrong Gangster?

“’Curiouser and curiouser!’ Cried Alice (she was so much surprised, that for the moment she quite forgot how to speak good English). ’Now I’m opening out like the largest telescope that ever was! Good-bye, feet!’ (for when she looked down at her feet they seemed to be almost out of sight, they were getting so far off).

Lewis Carroll, Alice In Wonderland.

Pregnant MS-13 Gangster Brenda Paz Was Slashed to Death on the Banks of the Shenandoah River on the Morning of July 13, 2003 for "Ratting" on Fellow Gangsters

Here is a curious web of events, the common thread of which is one Alex Sanchez, aka “Rebelde.”

Sanchez is the putative “anti-gang activist” whom the government accused in a racketeering (RICO) indictment handed up in June 2009 by a federal grand jury in Los Angeles of being a fraud — acting in secret as a “shot-caller” while posing in public as the Mother Teresa of the Latino gang world.  (For details of the case, start here, and here and follow links).

Let us, gentle reader, go forth and explore this web together.

O, Shenandoah!

A horrific murder — typical of the work of members of the bloodthirsty transnational Latino gang, Mara Salvatrucha (MS-13) — was committed the morning of July 13, 2003.

On the banks of the gently flowing and historic Shenandoah River in Virgina, pregnant gangster Brenda Paz was brutally slashed to death by two of her fellow gangsters.  One of them, Ismael Juarez Cisneros, later told investigators, “I loved her with all my heart.”  Skeptics might be forgiven for thinking Cisneros — a deported and feloniously re-entered illegal alien from Mexico — had a curious manner of showing his affection.

Brenda’s offense?

“Ratting out” her fellow gangsters to federal authorities and a host of state and local police.  Paz was scheduled to testify in a federal murder trial, in which she was prepared to implicate as homicidal mastermind a Virginia-based MS-13 shot-caller, Denis “Conejo” (Rabbit) Rivera — not incidentally one of her former lovers.

[The sordid details of Brenda Paz's life and murder are summarized in my book, No Boundaries:  Transnational Latino Gangs and American Law Enforcement (University of Michigan Press, 2009).  No Boundaries also examines the genesis of MS-13 within the context of the broader history of Latino street gangs generally. Those interested in a book more narrowly focused specifically on Paz's tumultuous life and tragic death should read Samuel Logan's This is for the Mara Salvatrucha (New York: Hyperion 2009).]

In a December 2005 piece on the Paz murder, “The Fight Against MS-13,” the CBS 60 Minutes television program summed up the relevant events:

Not only does MS-13 conduct investigations of its own, but like a corporate organization, most cliques have regular meetings where they discuss recruiting, money and murder – what they call a “greenlight.”

According to witnesses, the gang took a unanimous vote in a hotel that Brenda should be assassinated. The next morning, she was lured away on a fishing trip with her new boyfriend, Oscar Grande, and her friend, Ismael Cisneros.

A former MS-13 member who is now in jail on an ammunition possession charge and asked 60 Minutes not to use his name, went with them.

“I was facing the river. You know, I was watching, I was enjoying the view. Was summertime. It was nice place. And they was behind me fixing the fishing pole. And I turn my face. I see for couple seconds that she was get stabbing. And I freak out and I run away,” he recalled.

Asked to confirm if he saw the stabbing of Brenda Paz, he answered “Yes.”

She was stabbed by her boyfriend Oscar Grande and Ismael Cisneros, who later confessed. He said she had called out “Why?” “Because you’re a rat” she was told. They stabbed her approximately 13 times.

MS-13 Gangster Ismael Cisneros Claimed He "Loved" Paz, Whom He Was Convicted of Slashing to Death

Court records and other news reporting make clear beyond doubt that the anonymous “former MS-13″ gangster quoted on the 60 Minutes program was one Oscar Garcia-Orellana.  Garcia had either somehow slipped between the cracks and evaded a 1998 deportation order, or feloniously re-entered the United States after having been deported to El Salvador.

Garcia was the only defendant in the 2005 Paz murder case trial to take the stand.  Prosecutors claimed that he held a rope around Paz’s neck while the other two men slashed the life out of her and her unborn child.  Garcia admitted that he had been present at the time of the slaughter, but claimed that he did not know in advance that Cisneros and Grande planned to kill her.  He testified that instead of trying to save Paz, he had acted like a coward and run away when they started slashing her.  His lawyers maintained that although he had once been an active member of MS-13, he had drifted away from the gang.

One of the defense witnesses for Garcia was — the aforesaid “anti-gang activist” Alex “Rebelde” Sanchez.

The Expert Witness for the Defense

Here is an excerpt from the report of the Paz murder trial in the May 4, 2005 edition of the Richmond Times-Dispatch newspaper:

Jurors also heard from Alex Sanchez, a gang expert from Los Angeles and a former MS-13 member. He explained that many young people join gangs like MS-13 to mitigate abuse or neglect at home.

“They feel a sense of knowing that a bigger group will stand up for them, that they are not alone,” he said.

Sanchez also said most older gang members fall away from MS-13 once they reach their 30s, when younger members take leadership roles. His comments dovetailed with the assertions of Garcia’s lawyers, who claim he was a part-time gang member who was not involved in MS-13’s decision to kill Paz.

Sorry, Wrong Member

But Alex Sanchez was by far not the only help Oscar Garcia got.

More important was a huge screw-up, belatedly admitted by government prosecutors.  Here is an excerpt from the May 11, 2005 edition of the Richmond Times-Dispatch (which, it ought to be noted, cleaned the Washington Post’s clock on the coverage of this case) detailing the blunder:

Lawyer Alexander Levay, representing 32-year-old Oscar Garcia-Orellana, charged that government lawyers manipulated evidence and pursued conspiracy charges against Garcia even after prosecutors recognized their indictment against him was seriously flawed.

“If we can’t count on the government to play fair and by the rules, then each of us are a little less free,” Levay said.

At issue are allegations central to prosecutors’ contention that Garcia conspired with the accused mastermind of the plot to kill Paz, 21-year-old Denis “Conejo” Rivera. At the outset of the case, prosecutors said a taped telephone call between Garcia and Rivera — in which Garcia purportedly informed Rivera that Paz was dead — would prove Garcia’s guilt.

But prosecutors were forced to abandon that assertion after Garcia’s lawyers showed that it was not the defendant’s voice on the call. Rather, Rivera apparently was talking about the Paz murder with another gang member, Napoleon Hernandez, who shares the same nickname as Garcia, “Gato.” Hernandez has been deported.

Prosecutors acknowledged their mistake earlier in the case. Out of the presence of the jury, Assistant U.S. Attorney Ronald L. Walutes Jr. offered to withdraw the phone-call allegation from the indictment. But Garcia’s defense lawyers refused, hoping to show to the jury that the prosecution misstep made their entire case against Garcia suspect.

Levay said prosecutors had reason last year to suspect that they had the wrong Gato, but chose not to pursue the evidence.

“It didn’t fit their little scenario of the case, so they buried it,” Levay said. “The fact that they would mislead you into believing that the Gato on the phone was my client should be enough to find him not guilty.”

Levay’s attack on the prosecution case was part of a defense strategy to differentiate him from his fellow defendants.

“The indictment lumps everyone together, but the evidence distinguishes them again and again,” he said.

Oops.

Garcia walked — but right into the arms of federal agents, who arrested him on another felony charge of being illegally in possession of ammunition (by reason of his immigration status).  According to federal court records, he took a plea and was sentenced to a year and a day.  He has since presumably been deported to his native El Salvador [although the trail grows cold in official records, one might justifiably assume that the government kept track of him this time.]

His Other Left Foot

Fate takes strange turns in the gangster world.

This June Alex Sanchez found the shoe on the other foot — instead of witness for the defense, he became notorious defendant (for not the first time in his life).

In brief, Sanchez is accused of only pretending to have rejected the gang life and become a prominent anti-gang activist.  In fact, the government claims, Sanchez has all along been a secret leader of an MS-13 clique in Los Angeles.

More specifically, Sanchez is said to have directed the murder of a renegade gang member in El Salvador, one Walter Lacinos (aka “Camaron,” also sometimes spelled “Cameron”).

Prosecutors persuaded a federal magistrate to detain Sanchez when he was arrested.  The issue in a detention proceeding is not guilt, but the risk of flight.  The strength of the government’s detention case was four wiretapped phone calls in which — according to the analysis of Los Angeles Police Department Detective and MS-13 expert Frank Flores — Sanchez allegedly directed one Juan Bonilla (aka “Zombie”) to whack Camaron.

Judge Manuel L. Real promptly confirmed the magistrate’s decision and set a new bail (detention) hearing for last Monday, October 19, 2009.

According to the court’s one page of clinical minutes, the hearing before Judge Manuel L. Real lasted one hour and eighteen minutes.  (Criminal Minutes — General, “Further Hearing re: Defendant’s Application for Review/Reconsideration of Detention Order,” Case No. CR-09-466-R).

Here is what happened, according to the court’s minutes:

Detective Frank Flores is called, sworn and testifies.

Exhibits are identified.

The Court hears arguments of counsel.

For reasons stated, the Court orders the continued detention of defendant.

More or less, open and shut.  Here is a nice, balanced account from LA Weekly about the hearing.

But according to the social justice website WitnessLA, something fascinating also happened.  And it is no doubt this something that prompted Alex Sanchez’s court-appointed lawyer, Kerry Bensinger, to file an interlocutory appeal with the Ninth Circuit Court of Appeals regarding the detention order.  Courts of appeal generally do not fiddle with such fact-based, pre-trial rulings of lower courts, but the 9th Circuit is said to have reversed Judge Real at an exceptional rate and to be “on his case.”

Sorry, Wrong Member, Redux

Alex Sanchez (WitnessLA Illustration)

Miracle of miracles, Sanchez’s defense lawyer,  Bensinger, claimed to have found in the Sanchez case precisely the flaw that brought down the government’s case against Oscar Garcia-Orellana.  Namely, the mistaken identification of a party to a key wiretapped phone conversation!

If there were a convenience store for defense tactics, this one would be right up at the front of the MS-13 impulse shopping shelf!

The whole thing reminds me of a common street defense I encountered during my brief tenure as a defense lawyer for indigent defendants in Washington, D.C. some years ago.  It was commonly known as “the Tyrone defense” and was more or less automatically uttered by any miscreant collared with incriminating swag in hand, but not actually witnessed ripping the swag off.

“I was just standing here when my boy came by and he handed it to me,”  the tarnished angel would state indignantly.  And who would that have been?  “I don’t know.  We just call him ‘Tyrone.’”  Naturally, the ubiquitous Tyrone could never be found.

And, yes, I actually saw the “Tyrone defense” work in at least one poorly “papered” case.

But I digress.

Passing curious, no, this amazing coincidence?  Perhaps beyond strange and approaching incredible?

Here is the self-admittedly and vigorously pro-Sanchez WitnessLA’s description of the argument, which its editor, Celeste Fremon has headlined, “Arresting Alex Sanchez: Part 6: The Judge Real Show.”  (Some among the social justice crowd — but most assuredly not including Ms. Fremon, who is among other things a professor of journalism and who loves her city, including whatever warts she perceives in the LAPD — play a sort of ideological whack-a-mole on this case alternating between whacking Judge Real as some kind of geriatric nut case, the LAPD as a vengeful racist gang determined to “get” Sanchez, and the FBI/Department of Justice as dull-witted, compliant tools of the slavering LA police establishment.  Gangsters, on the other hand, generally conduct themselves with the comportment of wronged angels, who would never lie to, manipulate, or exploit the good intentions of those who come bearing breviaries of redemption.  For the archetypal case of whackfrenzy, see usual suspect Tom Hayden’s piece beamed down from the empyrean to usual outlet The Nation.  )

But I digress again!  Here is the WitnessLA excerpt:

One of the issues that [attorney Kerry] Bensinger brought up during the cross examination was his contention that Flores completely and crucially misidentified a person on one of the calls, a guy with the street name of Zombie. According to Flores, the person, “Zombie,” on the phone call was also the person who was eventually arrested for the murder of Cameron, a murder that Sanchez had allegedly ordered during the last of the four phone calls that are the center of the prosecution’s case.

Yet, according to Bensinger, the guy called “Zombie” on the call was a very different fellow from Juan Bonilla, the killer, who is also called Zombie.

(I know this nickname business is dizzying, but try to stay with me here.)

Evidently there are a number of Zombies in and around the local MS-13 cliques—which is common in gangs. There might be a guy with the nickname of Zombie. But there may also be Lil’ Zombie…..Big Zombie….and heaven knows what other permutation of the nickname Zombie (or Sleepy or Dreamer or P’Nut or Snyper or Loco or…..you get the picture).

Anyway it seems that Bensinger’s Zombie (whom we’ll randomly designate as Zombie 2) dropped a whole lot of identifiers during the course of the long conversation, like references to several family members and—helpfully—his actual name.

With the tiniest amount of police work Flores could have verified which Zombie he had on this call—since it was so important to his case.

When asked if he did any of that follow-up investigation, Flores admitted that he had not. When Bensinger asked why, Flores said that he didn’t need to do any further checking because he knew it was Zombie/Juan on the call. (The exchange between Flores and Bensinger was longer than I am portraying here.) And how did the detective know he had the right Zombie in the face of fairly convincing evidence to the contrary? Flores did not elucidate.

However, what Flores did say is that Zombie/Juan was one of the feds’ informants, that after he was arrested for Cameron’s murder, he began singing like a bird and not only confessed to the killing himself, he also fingered Alex Sanchez and said that Sanchez told him on the phone to kill Cameron. [Fairly Civil's emphasis.]

It would be an understatement to say that WitnessLA is skeptical of the government’s position, notwithstanding its own report of Flores’s testimony that “Zombie/Juan was one of the feds’ informants, that after he was arrested for Cameron’s murder, he began singing like a bird and not only confessed to the killing himself, he also fingered Alex Sanchez and said that Sanchez told him on the phone to kill Cameron.”

Unfortunately, the transcript of this latest detention hearing is not available as of this writing.  Would that it were, because some observers who were present and have read the above wonder whether everyone was on the same planet.   It is hard, nay impossible, to know what Detective Flores actually said.

Whack!

In any case, some would say that a singing bird (or rat) in hand — a federal informant who identifies himself as the person on  the phone receiving orders — pretty well would establish who was on the other end of the phone line.  If “Zombie/Juan” says it was he….?  But Zombie/Juan/Whoever apparently uttered words that raise some doubt about who he actually was.

Not enough doubt, however, to persuade Judge Real.

Whack!  Whack!

In between blows, it should be noted that gangsters often talk in elliptical ways when on the telephone or in circumstances in which they think someone else might be listening.  For example, in No Boundaries I describe how convicted 18th Street gang hit-man Anthony “Coco” Zaragoza sometimes referred to himself in the third person and sometimes adopted “code” pseudonyms for himself in the course of conversations that were being wiretapped by the FBI.  One of the investigative challenges for law enforcement is breaking through and interpreting the fog of jargon, crude codes, and such attempts at deception on the part of gangland’s little angels.  What seems straightforward to, say, a social justice critic, may have an entirely different meaning to the gangsters involved.

In any event, this is perhaps an appropriate moment to recall the following observation, reported in an earlier Fairly Civil posting:

Experienced gang prosecutors and investigators who are not related to or part of the Sanchez case have told me [first person code for Fairly Civil] that this sort of “back and forth” or what is known as the “battle of the transcripts” is fairly typical of the early stages of a big racketeering case — particularly when you have a case that relies on transcripts that require translation — and that it is best at this stage to keep an open mind and not jump to conclusions but rather to follow the evidence until the “back and forth” sorts itself out.

At this stage it appears to these observers that too many people are jumping to conclusions and making personal attacks (on both sides) when the real issues are evidence-based — namely, “First, “what precisely do the transcripts say?” Then, once that is established, second, “Now that we know what the transcripts say, what exactly does that mean?”

Curiouser and curiouser.

Whack!  Whack!  Whack!

The Cheshire Cat

Would you tell me, please, which way I ought to go from here?’

`That depends a good deal on where you want to get to,’ said the Cat.

`I don’t much care where–’ said Alice.

`Then it doesn’t matter which way you go,’ said the Cat.

OBAMA/HOLDER WEED NATION TRAIN HAS LEFT THE STATION — WILL THE STATES BE ABLE TO CATCH UP?

Marijuana Debate Waters Are Muddied By Obama--Holder Hands Off Weed Policy

Yeah bring me champagne when I’m thirsty.

Bring me reefer when I want to get high.

Yeah bring me champagne when I’m thirsty.

Bring me reefer when I want to get high.

Muddy Waters Blues Song

The Obama administration’s new marijuana prosecution policy has effectively “legalized” the burgeoning “medical marijuana” drug distribution system.  The new Obama/Holder drug prosecution guidelines reward criminality and dump a major policy and law enforcement problem into the laps of states already reeling from the effects of the recession.  As The New York Times puts it today (“States Pressed Into New Role on Marijuana”):

Some legal scholars said the federal government, by deciding not to enforce its own laws (possession and the sale of marijuana remain federal crimes), has introduced an unpredictable variable into the drug regulation system.

Do not be confused.  The so-called “medical marijuana” system is not that Utopian system of legally produced, quality-monitored, tax-generating, legal distribution of licit drugs that potheads and organized Libertarians (there is so infrequently a difference, how is one to know?) enthuse about.

It is rather lipstick on a pig — the same old criminals are selling the same old contaminated illegal drug through a quasi-legal, bastardized system of outlets forced onto unwary or complaisant governments by a relentless and quintessentially dishonest campaign appealing to cheap “compassion.”

For an engaging look at what is really going on in Los Angeles — and by fair inference elsewhere in “medical marijuana” high country — please watch this short video featuring Los Angeles Special Assistant City Attorney David Berger.  Among other points Berger makes are these: (1) there is no way the “pot shops” (lipsticked-up “dispensaries”) could be moving the quantity of weed they sell if they were actually adhering to the current law’s cooperative grow requirements (ergo, the “medical” distributors are ipso facto breaking the law), and (2) forensic analysis of the weed being sold in L.A. demonstrates that it is laced with a pesticide not used in California but common in Mexico for use against fire ants (ergo, the pot is being imported from Mexico’s beloved drug cartels.)

In practical effect, the Obama/Holder hands-off policy has evaded honest debate about whether a hit of BC bud is any worse than a bottle of Bud.

That is fair ground to engage and, clearly, many millions of Americans favor toke over brew.  But to engage in an honest dialogue, of course, would require the Administration to take a straightforward position, up or down, and that might be difficult for two reasons.

First, this early exchange from something called “Open for Questions ” on the transitional “Change.gov” website:

Open for Questions: Response

Monday, December 15, 2008 06:05pm EST / Posted by Dan McSwain

We’ve launched several features recently that are opening up the two-way dialogue between the Transition team and the Change.gov community.

Q: “Will you consider legalizing marijuana so that the government can regulate it, tax it, put age limits on it, and create millions of new jobs and create a billion dollar industry right here in the U.S.?” S. Man, Denton

A: President-elect Obama is not in favor of the legalization of marijuana.

On the other hand, campaigner Obama admitted partaking of the sultry smoke stuff as a “confused” teenager (“Barack Obama, asked about drug history, admits he inhaled”).  Obama did not cop to a clever Bill Clintonesque Plea (“Did not have sex, did not inhale”), but owned straight up, getting down with the voting-age kids whose jeans reek of the forbidden weed:

For one thing, he said, “When I was a kid, I inhaled.”

“That was the point,” Obama told an audience of magazine editors.

One line of serious fact-based policy analysis I heard recently goes like this:  Obama’s getting elected in spit of this admission, and the pattern of marijuana use among young people (say those under 30), makes it virtually inevitable that our drug policy will change and marijuana will be truly legalized.

That may be so.  And if it is, let’s get the debate on the table.

But do not be fooled.  This is not what the Obama/Holder policy does.  It is simply a perverse form of “don’t look, don’t enforce” in the face of rampant criminality.  And, as The New York Times suggests in today’s article cited above, a patchwork of different state laws could result:

“The next step would be a particular state deciding to legalize marijuana entirely,” said Peter J. Cohen, a doctor and a lawyer who teaches public health law at Georgetown University. If federal prosecutors kept their distance even then, Dr. Cohen said, legalized marijuana would become a de facto reality.

De facto reality?

Anyone who thinks drug traffickers will not seize on such a disparity of state law to set up illicit smuggling systems must be smoking something.  If Oregon, for example, completely legalizes marijuana, planes, trains, buses and backpacks will be flowing out to the rest of the United States.

This evasion is neither a good thing for policy-making nor for law enforcement.  Let’s look this pig right in the eye.

There are plenty of well-organized, well-funded advocates of outright legalization on the web.  Here, however, is a voice of experience strongly against legalization, taken from a May 22, 2009 “Freakonomics Quorum” in The New York Times, What Would Happen if Marijuana Were Decriminalized?:

Mike Braun recently retired from the U.S. Drug Enforcement Administration (DEA) as the Assistant Administrator and Chief of Operations.

In 1975, the Alaska Supreme Court ruled that an adult’s possession of marijuana for personal consumption in the home was legal. Although the ruling applied only to persons 19 and over, teen consumption of the drug skyrocketed. A 1988 University of Alaska study found that the state’s 12- to 17-year-olds used marijuana at more than twice the national average for their age group. School equivalency test scores plummeted, as work place accidents, insurance rates and drugged-driving accidents went through the roof. Alaska’s residents voted to recriminalize possession of marijuana in 1990, demonstrating their belief that legalization and increased use was too high a price to pay.

In 1985, Stanford University conducted a study of airline pilots who each consumed a low grade marijuana cigarette before entering a flight simulator involving a stressful, yet recoverable scenario. The test resulted in numerous crashes. More alarming was the fact that the pilots again crashed the simulator in the same scenario a full 24 hours after last consuming marijuana, when they all showed no outward signs of intoxication, reported feeling “no residual effects” from the drug, and each also stated they had “no reservations” about flying! Part of the problem with marijuana is that Delta 9-tetrahydrocannabinol (THC), the psychoactive ingredient in marijuana that gives the user his or her high, is absorbed into the fatty tissues of the body where it remains for at least several days, and can continue to have an adverse impact on one’s ability to act capably under stress days after the drug was last ingested.

If healthy pilots can’t respond effectively in the cockpit 24 hours after smoking a low-grade marijuana cigarette, do we really want our kids transported to and from school by a school bus driver who smoked one or two joints the night before? How do we ensure the cop on the beat, who’s carrying a badge and gun, hasn’t smoked marijuana 24 hours before entering onto duty once the drug is legal? And what about those pilots?

Marijuana legalization advocates love to say that we can tax the sale of the drug and generate revenue to cover all the costs associated with legalization, but a few more questions need to be asked.

Will the taxes pay for the significant increases in health and casualty insurance the experts tell us will be levied if marijuana is legalized? Is the government going to hand out free marijuana to those who can’t afford it? If so, who pays for that? Is it O.K. with you if the government or corporate America opens a marijuana distribution center in your neighborhood, or should they only establish them in the economically depressed areas of town? Which government agency will be responsible for rigorous testing to ensure that marijuana sold in the marketplace meets the strictest of consumer standards and is free of pesticides and drugs such as LSD and PCP? Which government agency is going to be responsible for taxing your next-door neighbor when he starts growing marijuana in his back yard, adjacent to your prized roses, of course? What happens when the taxes on marijuana become so excessive from covering all the ancillary costs of legalization that the vast majority of users simply grow the product themselves? Then who will pay for all of this?

I can’t help but ask a couple final questions. What’s the legal age limit we attach to marijuana use? Is it 18; is it 21? And what do we do about the predatory narcotics traffickers who shift every “ounce” of their undivided and merciless attention to those under the authorized age limit once the drug is legalized? Folks, all we need to do is educate ourselves, ask the tough questions, and apply common sense and logic when making a decision on this issue. Most hard-working taxpayers with kids like me will come up with the same answer, which is no to legalization.

Put that in your pipe and smoke it.

Inhaling Was The Point of a Confused Teenager -- But What Does He Think Today About This Drug for Other Confused Teenagers?

CALLING CALIFORNIA: “MEDICAL MARIJUANA” IS A FRAUD — YOU HAVE THE WORST OF BOTH WORLDS

Inhaling the Smoke of This Weed Is Supposed to be Good for What Ails You? Or Are its Dispensers Just a Front for More of the Same Criminal Trafficking in a Banned Drug?

This piece from Charles Lane’s Washington Post blog provides a nice, cold-eyed summary, making [my words here] the point:  “Medical marijuana” is a fraud and the Obama administration is ducking the issue:  Should we flat-out legalize this drug, or should we tolerate and maybe even encourage (as do the Holder guidelines on weed) the continued hypocrisy of phony “medicinal” uses.

I originally thought the new Obama/Holder weed guidelines were an elegant solution:  stand back and let the states develop policy and reach a national consensus.  I now see them as a political base-holding confection.  The states, if California is an example, and it is, are developing neither policy nor consensus.  They are waddling along with a sick and corrosive system that is partially legal and overwhelmingly criminal, following a lobby that intensely wants every American to light up and enjoy, meanwhile rewarding criminal gangsters with a facade of legality.

Attorney General Eric Holder Announces Obama Administration's "Medical Marijuana" Tolerance Guidelines

And where is the Washington “law enforcement establishment” — the suits di suits — on this?  Neutered and silent, complicit, reminding one of the Joint Chiefs of Staff’s Dereliction of Duty when another Democratic President, Lyndon B. Johnson, used his forceful political persona to send “American boys” to fight a war he said they never would.  Nice backdrops for media conferences.

The original Post blog site from which this excerpt is taken contains data on medical surveys about how phony the so-called “medicinal” properties, at least as administered through a cigarette with no production standards, are.

‘Medical marijuana’ is a Trojan horse

…decriminalization of marijuana is worth debating. I have no objection to letting AIDS patients and other truly desperately ill people smoke marijuana if it makes them feel better. I have no objection to the administration of THC, pot’s active ingredient, in properly tested and dosed pharmaceuticals. What I do object to, strongly, is the claim that smoked marijuana is some sort of wonder cure with a multiplicity of proven, but officially repressed, therapeutic uses.
….
Why does this bug me so much? It always bugs me when some group of true believers tries to foist its views on the public in the guise of science (e.g., “creation science”). This is especially pernicious when it involves selling phony remedies for real diseases (or real drugs for phony diseases)…
….
“Medical marijuana” is obviously a Trojan horse for legalization of pot as a recreational drug. In a democracy, people should pursue their policy objectives openly, not under false pretenses. In that respect, I thought that the attorney general created a certain amount of inevitable confusion when he announced his non-prosecution policy toward consumers and sellers of pot under state “medical marijuana” laws, while continuing to pursue large-scale traffickers and growers. Is marijuana a sometimes-therapeutic substance, as the AG implied by referring to “medical marijuana” smokers as “patients,” and those who provide pot to them as “caregivers” following “treatment regimens?” Or does pot have “no currently accepted medical use in treatment in the United States” as federal law provides — and, I would add, the evidence suggests? To be sure, the Justice Department’s directive to prosecutors focused on individuals with “cancer or other serious illnesses” who are complying with state law. But since many people who don’t have cancer or anything close to it are getting high under medical pretenses, plenty of ambiguity remains.

What Lane does not get into here is how the present phony, runaway “medical marijuana” system simply drives up demand — “patients” are pouring out of the woodwork because, “Hey, dude, it’s legal!” — which demand is met not by doctors and laboratory technicians in white coats ensuring a uniform product free of impurities, but criminal networks large and small selling illicitly grown, insecticide-laced, who-knows-what weed.  Fairly Civil was told during a visit to California that the bigger criminal networks, including the Mexican Drug Trafficking Organizations, are cranking up to help meet the supply, and even forcing out those beloved hippy pot farmers whose righteous sense of  “serving” the self-medication community disappears into a liquid stream down the leg when confronted with DTO or gangster firepower.

Weed and Weapons In Oregon

Nothing stops a small-time farmer like looking down the barrel of a Kalashnikov clone.

Here’s another point I heard from the parent of a 16-year old boy.  Yes, he’s smoking, and guess where he gets his weed?  From the children of other parents who procure their “legal” drugs at “medical marijuana” shops on jacked-up licenses, and then dispense it to their own medically-needy children.  These aren’t East L.A. stereotypes, these are whatever passes for upper middle class in L.A.  See, they would rather “know” where their kids are getting their drugs (i.e., from their own trendy parents) than worry about some “dealer” seducing them.  How sick and disgusting is that?  The parent-victim of this system that I talked to doesn’t want her son smoking, but she is caught right smack between the do-gooders and the traffickers.

This is exactly an example of the kind of evil some state and local law enforcement personnel understand and want to shut down.  But, for some reason, many politicians in California want to actually encourage and expand this criminal shambles and resist cleaning it up.  Cui bono?

Ironic, but this state may fast be sliding into No Country for Either Old Hippies or Old Values….If you like your budget system, you’re gonna love where this is going.

Let's See: Smoking Tobacco is a Public Health Hazard. Smoking Marijuana is Medicinal? Oh-h-kay...

SHOPPING MALL TERROR PLAN — SAVED FROM CARNAGE BY PLOTTERS’ IGNORANCE OF FIREARMS

Would-Be Shopping Mall Terrorist Apparently a Pea Brain When It Comes to Firearms

“Today we were unlucky, but remember we only have to be lucky once. You will have to be lucky always.”

Note left for British Prime Minister Margaret Thatcher by Terrorist Group IRA After She Narrowly Avoided Injury in Brighton Hotel Bombing on October 12, 1984.

An affidavit filed by an FBI Joint Terrorism Task Force agent in support of an application for search warrants in the Boston jihad terror case demonstrates once again how luck, incompetence, and poor training sometimes frustrate terrorists’ ideas.

Without taking an iota away from the investigative success in the case (read the full affidavit and other filings in the case to see how investigators were onto these characters like ink on print fairly early on), it is clear that the plotters could have wreaked horrific damage had they had a bit more knowledge about the potential lethality of firearms that are widely and easily available on the U.S. civilian market — even in Massachusetts.

An excerpt from the affidavit follows, setting out the would-be terrorists’ idea of attacking a shopping mall in the United States.  They even gave thought to how to deal with first responders.

Washington Beltway Snipers Used Semiautomatic Bushmaster AR-15 Rifle Like This One

Fortunately, however, these jihadists thought they need machine guns, i.e., fully automatic weapons — hold the trigger down and the gun will fire until ammo is exhausted –  to do the job.  They gave up when they found out they could not obtain machine guns.  However, knowledgeable experts understand that controlled fire from semiautomatic weapons — pull the trigger for each round — is at least as lethal and often more lethal than machine gun fire.

Thank g-d these extremist would-be terrorists were “weaponry pea brains.”

BACKGROUND ON THE THREAT OF SMALL ARMS TERROR ATTACKS

The private intelligence and analytical service Stratfor has written about the potential for small arms terror attacks in several postings.  These follow with links as background:

Observation on threat of armed attacks generally [note: this link may not work for non-subscribers.  Sorry!:

STRATFOR has long held that the United States and Europe are vulnerable to armed attacks against soft targets. In an open society, it is impossible to protect everything. Moreover, conducting attacks against soft targets such as hotels or malls can be done with ease, and can prove quite effective at creating carnage.

In fact, as we’ve previously pointed out,Cho Seung Hui killed more people with handguns in his attack at Virginia Tech than Jemaah Islamiyah was able to kill in Jakarta, Indonesia, in the August 2003 bombing of the Marriott Hotel and the September 2004 bombing of the Australian Embassy combined. Clearly, armed assaults pose a threat.

Observation on automatic versus semiautomatic weapons specifically from a Stratfor discussion of "lone wolf attacks":

Immaturity and lack of common sense also are significant hurdles for some would-be lone-wolf attackers. For instance, a person who attempts to buy an illicit fully automatic weapon when he could easily — and legally — obtain a less expensive semiautomatic version of the same weapon clearly is influenced by Hollywood and does not understand the effectiveness of controlled, sustained fire versus the spray-and-pray shooting he sees in the movies or on TV. As [Joseph Paul] Franklin and several mentally disturbed shooters have demonstrated, automatic weapons are not needed to inflict carnage.

EXCERPTS FROM AFFIDAVIT

Given the above context, the following excerpts from the affidavit pretty much speak for themselves and demonstrate how we got lucky this time.

Excerpts from Exhibit A, Affidavit of Heidi L. Williams in Support of Application for Search and Seizure Warrant, United District Court for the District of Massachusetts, Case No. 09-120-LTS

…

46. Because they believed, based on ABOUSAMRA’s experiences there, that Pakistan was not feasible, ABOUSAMRA, MEHANNA, and CW2 began exploring other options, including committing terrorist attacks in the United States.  For example, in 2003, ABOUSAMRA, MEHANNA and CW2 discussed the feasibility of shooting and killing a specific member of the executive branch of the United States government.  In another conversation around the same time, ABOUSAMRA and CW2 discussed targeting a second member of the executive branch of the U.S. government.

47.  While some of these plans involved no more than one or two conversations, at least one involved multiple conversations, discussions, and preparations.  For example, in the latter half of 2003, ABAOUSAMRA, MEHANNA and CW2 discussed a plan to obtain automatic weapons, go to a shopping mall, and randomly shoot people.  They were inspired by the success of the Washington, D.C. area snipers who were successful in terrorizing the public. [Footnote 15: In the fall of 2002, there were a series of sniper shootings in the area of Washington, D.C. (Maryland and Northern Virginia), that received a great deal of media attention and "terrorized" residents of those areas because of the apparent randomness of the attacks.  Ultimately, two men, John Allen Muhammad and Lee Boyd Malvo, were arrested and convicted of some of the shootings.]  ABOUSAMRA justified attacks on civilians, such as the September 11, 2001 attacks; ABOUSAMRA stated that civilians were not innocent because they paid taxes to support the government, and because they were Kufar (non-believers).

48.  The three men discussed the logistics of a mall attack, including the types of weapons needed, the number of people who would be involved, and how to coordinate the attack from different entrances.  They considered the emergency responses and the attack of those responders.

49.  In furtherance of the plan, CW2 traveled to new Hampshire to meet with Daniel Maldonado, in an attempt to acquire the necessary weapons.  According to CW2, Maldonado was a convert to Islam who, prior to his conversion, had contacts with gang members.  Therefore, CW2 believed that Maldonado would have access to the weapons they needed.  According to CW2, Maldonado told CW2 that he would be able to obtain handguns, but would be unable to obtain automatic weapons.  CW2 told Maldonado not to ask the reason he needed the weapons.  CW2 described Maldonado as someone with extreme beliefs, like ABOUSAMRA and MEHANNA.

50.  After returning to Massachusetts, CW2 told ABOUSAMRA and MEHANNA that Maldonado would only  be able to provide handguns.  Because of the logistical problems of executing the operations with just handguns, the plan was abandoned.

Virginia Tech Mass Shooter Cho Used Handguns

Y QUE? ALEX SANCHEZ DENIED BAIL AGAIN

Still in Custody -- Judges denies Bail Request of Alex Sanchez, Accused "Stealth Shot Caller"

Details are not only sketchy, they are non-existent, but two close sources confirm that Alex Sanchez was again denied bail at his hearing in federal court yesterday.  Don’t bother searching the Los Angeles Times, to whom this case is apparently not a story in spite of its drama and implications for administration of justice, gangs, and organized crime.

For background on the story of this former gangster, ostensibly turned anti-gang activist, but now accused in a federal RICO indictment of being a secret “shot-caller” or gang boss, go here, here, and here.

Meanwhile, perhaps the most that can be said until the trial and verdict is this.

Whatever the prosecutors served up yesterday, it apparently was sizzling enough to convince federal judge Manuel Real to keep Sanchez locked up.

Experienced gang prosecutors and investigators who are not related to or part of the Sanchez case have told me that this sort of “back and forth” or what is known as the “battle of the transcripts” is fairly typical of the early stages of a big racketeering case — particularly when you have a case that relies on transcripts that require translation — and that it is best at this stage to keep an open mind and not jump to conclusions but rather to follow the evidence until the “back and forth” sorts itself out.

At this stage it appears to these observers that too many people are jumping to conclusions and making personal attacks (on both sides) when the real issues are evidence-based — namely, “First, “what precisely do the transcripts say?”  Then, once that is established, second, “Now that we know what the transcripts say, what exactly does that mean?”

Point taken, but Fairly Civil remains amazed at the virtual news blackout on this case.

Lindsay Lohan grabs more media time? Any media time?

Pathetic.

Newsworthy in L.A.

STEWART DAVID NOZETTE, WOULD-BE ISRAELI SPY, WAS GENEROUS GIVER TO GOP CANDIDATES IN 1999-2000

Stewart David Nozette--Stung By FBI--Wanted to Spy for Israel

Dr. Stewart David Nozette of Chevy Chase, Maryland, has been accused in a criminal complaint filed in support of an arrest warrant of  having attempted to sell highly classified secrets to an FBI agent posing as a representative of the Israeli government. (Affidavit in Support of a Criminal Complaint and Arrest Warrant, filed in United States v. Stewart David Nozette, U.S. District Court for the District of Columbia, Case No. 09-0565M, October 16, 2009.)

Nozette was born in Chicago on May 20, 1957.  He won a Ph.D in Planetary Science from the Massachusetts Institute of Technology in 1983, and worked in a variety of super-sensitive positions with the highest of security clearances, according to the affidavit.  His jobs included a stint on the White House’s National Space Council in 1989-1990 (during the George H.W. Bush administration), and work on nuclear weapons and satellite technology in other positions.  These included tours at the Department of Energy’s Lawrence Livermore National Laboratory, where he held a “Q” clearance to work on atomic or nuclear-related materials, the Defense Advanced Research Projects Agency (DARPA), the U.S. Naval Research Laboratory (NRL), and the National Aeronautics and Space Administration’s Goddard Space Flight Center.

Nozette fell for a classic FBI undercover sting operation (very similar to one the FBI used recently to nail a husband and wife who had “retired” after having spied for Cuba for years from various perchs in and around the U.S. Department of State).  Reduced to its simplest terms, an FBI agent simply called up Nozette and said (paraphrasing here) “Hi, I’m from Mossad.  Wanna work for us?”

Nozette was primed and took off like a rocket after the bait.  He told his supposed “contact” that he wanted cash (preferably in amounts under $10,000 to avoid bank reporting rules), because, he said, he knew “how to handle cash … you buy consumables … cash is good for anything … you eat, drink it or screw it.”

Note to would be spies: duh-uh.  Do you really think an agent of a foreign power just calls you and blurts out his or her affiliation?  And by the way, suppose this offer had really come under a “false flag,” say on behalf of Iran or its sinister appendage, the terrorist para-state Hezbollah?  This rapacious clown would have been none the wiser.

Anyway, this story is already wall-to-wall on the main-stream media and national security blogs.

Fairly Civil’s paltry contribution is this little noticed (as of this posting) fact:  Nozette was an active contributor to Republican candidates in 1999 and 2000, according to CampaignMoney.com.  The website lists gifts from Chevy Chase, Md. resident “Stewart Nozette,” and “Stewart D. Nozette” as follows:

• McCain 2000 — $1,000
• Kolbe 2000 — $250
• Snowe for Senate (2000) — $250
• Gordon Smith for Senate (2000) — $1,000
• Whitman for U.S. Senate (1999) — $650
• Snowe for Senate (1999) — $500
• Snowe for Senate (1999) — $500
• Whitman for U.S. Senate (1999) — $1,000
• Christopher Cox Congressional Committee (2000) — $500
• Lazio 2000 Inc. (2000) — $1,000
• Bush for President, Inc. (1999) — $1,000
• Bush-Cheney 2000 Compliance Committee, Inc. (2000) — $1,000
• Bush-Cheney 2000 Compliance Committee, Inc. (2000) — $1, 925
• Republican National Committee (2000)  — $500

Go figure.  Not exactly a case of deeply shared values, apparently.

Belch.com asks the cogent question: “Why don’t we execute traitors anymore?”

Good question. A traitor is worse than the skankiest, vilest, most murderous gangster, rapist, or child molester, because a traitor puts every man, woman, and child in America — still the greatest country in the world for whatever faults we have — at risk. Especially, as is clear in this case, selling out information about weapons of truly mass destruction to satisfy unbounded greed.

NEW U.S. DEPARTMENT OF JUSTICE MEDICAL MARIJUANA GUIDELINES–A FIG LEAF FOR US ATTORNEYS?

Innocence Lost: New Guidelines May Give U.S. Attorneys a Fig Leaf to Stay Out of the Way of State "Medical Marijuana" Experimentation

Posted below is the full text of the new DOJ medical marijuana guidelines.

Don’t toke up yet. There is a lot less than meets the eye here.

Don't toke up yet, dude!

The new guidelines demand “clear and unambiguous compliance” with state law. There is lots of disagreement even within California law enforcement, for example, about exactly what the California law allows and does not allow, so strict compliance is going to be in the eye of the beholder.

Perhaps the ultimate intention of this document is to give the US Attorneys a fig leaf so they can stay out of the way of state experimentation without either endorsing the medical marijuana system or ignoring rampant criminality (which many say has infested the California program already)?

THE NEW GUIDELINES

October 19,2009

MEMORANDUM FOR SELECTED UNITED STATES ATTORNEYS

FROM: David W. Ogden, Deputy Attorney General

SUBJECT: Investigations and Prosecutions in States Authorizing the Medical Use of Marijuana

This memorandum provides clarification and guidance to federal prosecutors in States that have enacted laws authorizing the medical use of marijuana. These laws vary in their substantive provisions and in the extent of state regulatory oversight, both among the enacting States and among local jurisdictions within those States. Rather than developing different guidelines for every possible variant of state and local law, this memorandum provides uniform guidance to focus federal investigations and prosecutions in these States on core federal enforcement priorities.

The Department of Justice is committed to the enforcement of the Controlled Substances Act in all States. Congress has determined that marijuana is a dangerous drug, and the illegal distribution and sale of marijuana is a serious crime and provides a significant source of revenue to large-scale criminal enterprises, gangs, and cartels. One timely example underscores the importance of our efforts to prosecute significant marijuana traffickers: marijuana distribution in the United States remains the single largest source of revenue for the Mexican cartels.

The Department is also committed to making efficient and rational use of its limited investigative and prosecutorial resources. In general, United States Attorneys are vested with “plenary authority with regard to federal criminal matters” within their districts. USAM 9-2.001. In exercising this authority, United States Attorneys are “invested by statute and delegation from the Attorney General with the broadest discretion in the exercise of such authority.” Id. This authority should, of course, be exercised consistent with Department priorities and guidance.

The prosecution of significant traffickers of illegal drugs, including marijuana, and the disruption of illegal drug manufacturing and trafficking networks continues to be a core priority in the Department’s efforts against narcotics and dangerous drugs, and the Department’s investigative and prosecutorial resources should be directed towards these objectives. As a general matter, pursuit of these priorities should not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana. For example, prosecution of individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law, or those caregivers in clear and unambiguous compliance with existing state law who provide such individuals with marijuana, is unlikely to be an efficient use of limited federal resources. On the other hand, prosecution of commercial enterprises that unlawfully market and sell marijuana for profit continues to be an enforcement priority of the Department. To be sure, claims of compliance with state or local law may mask operations inconsistent with the terms, conditions, or purposes of those laws, and federal law enforcement should not be deterred by such assertions when otherwise pursuing the Department’s core enforcement priorities.

Typically, when any of the following characteristics is present, the conduct will not be in clear and unambiguous compliance with applicable state law and may indicate illegal drug trafficking activity of potential federal interest:

* unlawful possession or unlawful use of firearms;

* violence;

* sales to minors;

* financial and marketing activities inconsistent with the terms, conditions, or purposes of state law, including evidence of money laundering activity and/or financial gains or excessive amounts of cash inconsistent with purported compliance with state or local law;

* amounts of marijuana inconsistent with purported compliance with state or local law;

* illegal possession or sale of other controlled substances; or

* ties to other criminal enterprises.

Of course, no State can authorize violations of federal law, and the list of factors above is not intended to describe exhaustively when a federal prosecution may be warranted. Accordingly, in prosecutions under the Controlled Substances Act, federal prosecutors are not expected to charge, prove, or otherwise establish any state law violations. Indeed, this memorandum does not alter in any way the Department’s authority to enforce federal law, including laws prohibiting the manufacture, production, distribution, possession, or use of marijuana on federal property. This guidance regarding resource allocation does not “legalize” marijuana or provide a legal defense to a violation of federal law, nor is it intended to create any privileges, benefits, or rights, substantive or procedural, enforceable by any individual, party or witness in any administrative, civil, or criminal matter. Nor does clear and unambiguous compliance with state law or the absence of one or all of the above factors create a legal defense to a violation of the Controlled Substances Act. Rather, this memorandum is intended solely as a guide to the exercise of investigative and prosecutorial discretion.

Finally, nothing herein precludes investigation or prosecution where there is a reasonable basis to believe that compliance with state law is being invoked as a pretext for the production or distribution of marijuana for purposes not authorized by state law. Nor does this guidance preclude investigation or prosecution, even when there is clear and unambiguous compliance with existing state law, in particular circumstances where investigation or prosecution otherwise serves important federal interests.

Your offices should continue to review marijuana cases for prosecution on a case-by-case basis, consistent with the guidance on resource allocation and federal priorities set forth herein, the consideration of requests for federal assistance from state and local law enforcement authorities, and the Principles of Federal Prosecution.

cc: All United States Attorneys

Lanny A. Breuer

Assistant Attorney General Criminal Division

B. Todd Jones

United States Attorney

District of Minnesota

Chair, Attorney General’s Advisory Committee

Michele M. Leonhart

Acting Administrator

Drug Enforcement Administration

H. Marshall Jarrett

Director

Executive Office for United States Attorneys

Kevin L. Perkins

Assistant Director

Criminal Investigative Division

Federal Bureau of Investigation

Nuanced Memo Addresses Use of "Prosecutorial Resources" -- Neither Endorsing Nor Condemning So-Called "Medical Marijuana" Schemes

A Gang Cop’s Reply to Latest Post On the Alex Sanchez Case

As Fairly Civil expected, the previous post on Father Greg Boyle’s filing for the defense in the Alex Sanchez MS-13 case (see here) provoked …um… strong reaction from some members of the Southern California law enforcement community.

[Update: Sanchez was again denied bail on October 19, 2009 by Judge Manuel Real.]

One of the more outspoken was the following communication from retired Los Angeles County Sheriff’s Department Sgt. Richard Valdemar:

I worked the Metropolitan FBI Gang Task Force which targeted the Mara Salvatrucha gang (1994-2004). Father Boyle may yet be a Catholic priest, but he has no credibility with this Catholic. His actions in the past have been very anti-police in nature and I believe this comes from his own personal issues and prejudices. I believe his conduct in the past in protecting wanted gang members was immoral and unethical. I believe that he was sanctioned in the past by the Catholic Church. He has a political agenda and his support of Alex Sanchez and Homies Unidos has become an embarrassment, which can be corrected if Alex Sanchez is somehow acquitted.

There could be several valid explanations for the conversation and they do not necessarily mean that Sanchez is not a member of Mara Salvatrucha, or a Shot Caller;

The Los Angeles Mara Salvatrucha gang is made up of sub-groups or cliques. Each of these cliques supposedly operates with some autonomy from the gang in general, while at the same time holding to the identity and goals of the whole gang. These cliques have de-facto charismatic leaders and vote within the clique in matters that do not necessarily involve the whole Mara Salvatrucha. If a MS member, no matter how influential, tried to interfere in the activity of a clique which he was not a member of, he would be rebuked by clique members and leadership that were members of the particular clique who held voting power. Thus you might hear…

CAMARON: Listen man! And-and-and-and I don’t know why you [stutters] come … you know, and you get involved in things, when you are not longer active, man! You see? Better yet, what you should do is to be careful with the “United Homies” and not-not to get involved in our things, you see? [Call breaks] [UI] with us, because you are no longer active, see what I mean?

But I believe the best explanation is that Alex Sanchez (a MS shot caller), by becoming a leader of Homies Unidos, the “respectable” political arm of the Mara Salvatrucha, and associating with the likes of LA Sheriff Leroy Baca, California Senator Tom Hayden and radical political Catholic Priest Greg Boyle, Sanchez insolated himself from the MS cliques and gang street soldiers who now consider him “inactive” in the daily criminal business of the gang. Alex Sanchez was a MS shot caller when I retired in 2004, and I am sure he has not been “jumped out” of the gang or Camaron’s words would have been much more threatening. What Camaron is telling him is, you take care of the Politics and we will handle the dirty business of killing. But they are still part of the same criminal gang.

By the way, did Alex Sanchez (the supposed ex-gang member) upon learning of Camaron’s evil plot, run and inform his mentor, the good Father Boyle, who of course contacted the police so that the crimes could have been prevented? …Never Happened did it?

Sergeant Richard Valdemar

LASD Major Crimes Bureau (retired)

Power serve.

Alex Sanchez Case Boyles Over — Priest Pours Cold Water on Government Case Against “Secret Shot Caller”

Alexander (Alex) Sanchez (AKA "Rebelde") Throwing Devils Horns Gang Sign

Are the men in this picture two gangsters, as the federal government claims?

Or are they one gangster and a dedicated anti-gang worker bonding with an ex-homie as part of his work in steering gangsters toward redemption?

Federal Judge Manuel L. Real is scheduled to to slice this baby Monday afternoon, October 19th.  [Update:  Judge Real again denied bail.]

That’s when the judge will hear again the application of the man on the left — Alex Sanchez — for bail.   Sanchez was charged in June with living a double life as a secret “shot caller” while pretending to be an anti-gang worker as executive director of Homies Unidos.

The shock was palpable.

If You Indict Someone Who Rates a 10 On the Mother Teresa Scale, You Better Be Damned Sure You Can Convict

Sanchez is right up there with Mother Teresa in the hagiography of good works.  An unyielding corps of his fans have absolutely insisted that that there is no way Sanchez could have been anything other than the selfless man he presented himself to be.

As an earlier post of Fairly Civil enthusiastically noted (here), the government’s case against Sanchez’s release pending trial rested primarily on what appeared to be a damning series of four wiretap transcripts and the expert opinion of Los Angeles Police Department Detective Frank Flores interpreting the transcripts of those calls.

But a statement filed Wednesday by Father Greg Boyle on behalf of Sanchez raises the bar considerably.  Father Boyle points out a troubling omission from the transcript in the government’s case — namely, the statement of one of the gangster’s that pretty clearly appears to say (in so many words) “butt out, Alex, you are no longer one of us.”

To quote an L.A. news website, WitnessLA: “WTF?”

If you indict Mother Teresa, you better be able to prove her guilt slam dunk style.

(It’s worth noting that the Los Angeles Times appears to be — nay, is — sleeping soundly through this case, as it does so many other gang cases.  That is scandalous either way this case goes, because either an innocent man is being railroaded or he pulled off the greatest scam in the history of do-goodism!)

Excerpt from Father Boyle’s Filing

Here is an excerpt from the gut of Father Boyle’s court filing.  [Declaration of Father Greg Boyle Filed in Support of Defendant Sanchez's Application for Review of Detention Order, United States v. Alfaro, United States District Court for the Central District of California, Docket No. CR-09-00466-R-22.]

(Note:  Sanchez is called by his gang moniker “Rebelde” in this filing.  Camaro is the late gangster whose murder Sanchez is accused of plotting as a secret shot-caller.)

No doubt, the government will have an answer (not filed as of this posting).  If it does not have a zippy and persuasive reply to the following, you won’t be able to count the ruined careers on all your hands and toes.  [For a reply to this post, and to Father Boyle's filing, from a retired Los Angeles County Sheriff's gang sergeant, go here.]

12.  I am fluent in Spanish and I have listened to the tapes of the four recorded calls.  I have read and considered the government’s Memorandum of Points and Authorities as well as the Declaration of Detective Flores.  Based upon my experience, history and qualifications as a gang expert, I believe the government’s conclusions and Detective Frank Flores’s opinions are mistaken and are based upon a misinterpretation of the language and meaning of these four calls.  Similarly, the government and Detective Flores have misconstrued Alex Sanchez’s role in these calls, his purpose in participating in these calls and the import of his statements.

13.   Before I discuss my review of each of the calls, it is important to highlight the fact the government and Detective Flores completely omit and ignore one of the most important — if not the most important — sections in these calls:  the clear and unequivocal statements by participants in the calls that Mr. Sanchez is not an active gang member.  This omission, in and of itself, raises concerns in my mind about the balance and fairness of the government’s and Detective Flores’s presentation.  It is unlikely, if not impossible, the government and Detective Flores overlooked this part of the calls.  More likely, they did not make mention of these statement because the recorded statements undermine their conclusions.

14.  Unlike many of the potentially ambiguous statements lifted from the calls by Detective Flores, there is no ambiguity in the statement made by Camaron, during the third call, that Alex Sanchez is not an active member of the MS-13 gang.  Camaron states:

CAMARON:        Listen man!  And-and-and-and I don’t know why you [stutters] come … you know, and you get involved in things, when you are not longer active, man!  You see?  Better yet, what you should do is to be careful with the “United Homies” and not-not to get involved in our things, you see?  [Call breaks] [UI] with us, because you are no longer active, see what I mean?

REBELDE:        If you told him — If you told Boxer that I’m working with the FBI, then you know what, you are getting me involved!

15.  Camaron does not mince words.  He says Mr. Sanchez should have no voice in the conversation because he is not part of the gang.  From Camaron’s perspective, Mr. Sanchez is an outsider and should not get involved in “our things” because he is “no longer active.”  There is no way to reconcile this statement — that Mr. Sanchez is not an active gang member — with the government’s and Detective Flores’s position; in fact, it turns their argument on its head. If Mr. Sanchez is not an active gang member, he is certainly not a “shot caller.”  No one can be a shot caller if they are not an active gang members.  It is that simple.”

Whatever else Fr. Boyle writes in his filing, he puts his pen here right on a camel the government will have to get through the needle:  “You are no longer active.”

Match point.  Serve.  Better be a zinger.

AVENUES GANG BUSTED FOR SMUGGLING ALIENS

Deported? No problema! Federal Indictment Charges Avenues Gang Operated Door to Door Immigration Smuggling Service that Included Illegal Reentry Option

Calexico is one of California’s best kept secrets. A delightful blend of American and Mexican cultures, Calexico’s small-town lifestyle, combined with its convenient proximity to the metropolitan areas of Mexicali and San Diego, make it a great place to live.

Internet Website, City of Calexico, CA

Kinda “homey,” right?

If Calexico is one of California’s “best kept secrets,” then the arcanum acarnorum, the secret of secrets, was the transnational alien smuggling ring allegedly being run through Calexico’s sister city, Mexicali, Mexico, by members of the notorious Avenues Latino street gang in Los Angeles.

An indictment handed up and sealed on October 1 and made public October 14 is the latest in a hammering series of actions against the Avenues by federal and state law enforcement authorities. [You can read an earlier Fairly Civil post about the Avenues gang here, and connect through links to other posts.]

ICE Press Release

The Immigration and Customs Enforcement Press Release describes the scope of the ring’s activities and some context:

According to the search warrant affidavit filed in federal court in connection with the case, the ring allegedly smuggled more than 200 illegal aliens per year into the United States. At one point, investigators say, members of the Drew Street clique contacted the smuggling organization about bringing the infamous matriarch of the gang, Maria Leon, into the United States from Mexico. While the ring did not end up smuggling Leon into the United States, she returned to the country illegally and was subsequently arrested. Leon is now serving a 100-month federal prison sentence for racketeering crimes related to the Avenues street gang.

The indictment in the case of United States v. Eduardo Alvarez-Marquez [U.S. District Court for Central District of California, Docket No. CR-09-01013, filed October 1, 2009] illustrates two general points about trans-border criminal organizations:

Transnational criminal organizations are increasingly adapting their cellular structures to a variety of opportunistic crimes.  Structures originally set up for drug trafficking can also be used for smuggling aliens, trafficking human beings, extortion, and trafficking in firearms.

Retired Los Angeles Sheriff’s Department Sgt. Richard Valdemar is bang on when he says (as he did to me several months ago) that so-called “street gangs” like the Avenues have jumped in the alien smuggling game as a source of revenues.

Background on the Mexicali–Calexico Border Crossing

The border crossing the Avenues exploited is one of the busiest.  According to the City of Calexico’s website:

More than 18.9 million vehicles and pedestrians cross into U.S. through Calexico’s two Ports-of-Entry. The East Calexico port of entry provides an improved link to major trucking routes, and has increased the ease with which people and goods move between the two countries.

The Avenues alien smuggling business exploited the crush.  The following excerpts from the indictment describe in some detail how the gang operated.

Overview

Defendants … would arrange for unidentified co-conspirators to smuggle illegal aliens into the United States by methods that included jumping over the international boundary fence, walking through the Calexico Port of Entry using fake or falsified documents, riding in cars entering the United States through the Calexico Port of Entry using fake or falsified documents, concealing themselves in hidden compartments in vehicles, and wading through the New River in and around Calexico, California.
…
Defendants … would negotiate the price and method that would be used to smuggle illegal aliens into the United States from Mexico… [and] would instruct illegal aliens to wait at particular locations in Mexicali, Mexico, in order to be smuggled into the United States.

The Safe Houses

The gang kept a “safe house” in Mexicali as a holding tank for aliens waiting to be smuggled.  Once the aliens were safely across the border, the gang then stashed them in safe houses on the U.S. side, one close to the border, and another in Los Angeles.  The aliens were later moved from these safe houses to other locations, some to as far away as New York City.

Defendants … would meet illegal aliens once they had been smuggled into the United States and take them to a residence in Holtville, California….until transportation from the area could be arranged.
…
Defendants … would [also] harbor and conceal recently smuggled illegal aliens at a residence on West Avenue 34 in Los Angeles…[and] would arrange and coordinate transportation for illegal aliens from the Los Angeles area to other locations in the United States.

…

Defendant Alvarez-Estrada told defendant Alvarez that unidentified co-conspirators would charge $700 to transport an illegal alien from Los Angeles to New York.

The Prices

The smugglers charged different fees, depending on how the illegal aliens came across the border:

On August 26, 2008, by telephone using coded language, defendant [Rosario Maria] Rodriguez told a confidential informant (the “CI”) that defendant Alvarez [Eduardo Alvarez-Marquez] has different methods for smuggling illegal aliens into the United States; that the price for smuggling illegal aliens ranges from $2,500 to $4,500 depending whether the alien walked through the Port of Entry with false documents, rode as a passenger in a vehicle, or jumped over the international boundary fence in a remote area near Mexicali, Mexico…Rodriguez told the CI that an alien should not sneak into the United States by jumping across the international boundary fence unless the alien previously had been deported.
….
On August 26, 2008, by telephone using coded language, defendant Alvarez told the CI that Alvarez only smuggles illegal aliens through Mexicali, Mexico; that he charges $2,800 for aliens who jump the international boundary fence and are picked up by a vehicle in the United States; that he charges $3,500 for aliens who use a guide to walk the alien through the Port of Entry with a lost, stolen, or falsified green card or visa; and that he charges $4,300 for aliens who he arranges to have driven through the Port of Entry as a passenger in a vehicle.
…
Rodriguez told an unidentified co-conspirator that previously-deported illegal aliens were smuggled into the United States undetected through the Port of Entry at a price of $3,500 to $4,500.
…
Alvarez told an unidentified co-conspirator that Alvarez charged $4,000 to smuggle an illegal alien into the United States from Mexico through the use of a false green card.

Defendant Alvarez told an unidentified co-conspirator that Alvarez had a $2,800 option for smuggling illegal aliens into the United States from Mexico, which required the aliens to run for six to ten minutes, as well as a $3,800 option, which required the aliens to run for approximately 30 seconds before being hidden inside a truck, and Alvarez would transport the illegally smuggled aliens as far as the Avenue 34 residence near San Fernando Road and Fletcher Drive in Los Angeles, California.

Special Rate for Chinese

The smugglers also had a “special” rate for Chinese aliens who wanted to enter the United States through Mexico:

Defendant J. Carreon told defendant Alvarez that five illegal aliens from China wanted to be smuggled into the United States over the Mexican border while hidden inside a truck … Alvarez told defendant J. Carreon to charge the illegal aliens from China double the normal smuggling fee.

Gangster Family Values

Finally, no comment is really needed on this illumination of gangster family values:

Defendant Rodriguez told a friend that defendant A. [Aquilina] Alvarez was upset because defendant Alvarez-Estrada [her husband] had taught defendant Alvarez [her son] to sell drugs at age 14 and later taught Alvarez to smuggle illegal aliens, and the friend stated that A. Alvarez was also to blame for Alvarez’ illegal activities.

Interesting, no?

Bonus Round

For our Spanish-speaking readers, here is an excerpt from the October 15 report about this case in La Opinion:

Caen ocho polleros

Supuestamente tienen nexos con una pandilla en LA

La Oficina de Control de Inmigración y Aduanas (ICE) informó ayer que sus agentes arrestaron a ocho personas vinculadas con el tráfico de drogas y de personas, que mantenían contactos estrechos con la clica Drew Street, perteneciente a la trístemente célebre pandilla Avenues del Este de Los Ángeles.

Se trata de un caso especial en el que un grupo dedicado a transportar personas de manera ilegal desde México a Estados Unidos, especialmente a Los Ángeles, desarrollaron una relación con grupos del hampa organizado, dedicados especialmente al narcotráfico, dijo Kevin Kozak, agente especial encargado de las investigaciones de ICE en esta ciudad.

EVIL STALKS THE WORLD — NO COUNTRY FOR WEAK MEN OR WOMEN

"You've been putting it up your whole life, you just didn't know it...You stand to win everything."

The blood-dimmed tide is loosed, and everywhere

The ceremony of innocence is drowned.

“The Second Coming,” William Butler Yeats.

The book and film of Cormac McCarthy’s No Country for Old Men ought to have scared the hell out of you.

If it didn’t, with all due respect, you just don’t get it.

The ruthless evil of the narcotraficantes that this story portrays is not just the fancy convention of an extremely talented writer.  It is as close to real as you might get, short of submerging oneself in the hell of the real thing.

Cold-blooded killer Anton Chigurh, the role for which Javier Bardem won his Oscar, is as pure a distillation of evil as anything not capped off tightly in a vial behind the wires at Ft. Detrick, MD.

When you get the Chigurh bug, you’re dead.

Thailand About to Spring Merchant of Death Viktor Bout -- No Time for U.S. Diplomats to Equivocate

The movie’s infamous “call it” scene comes to mind today thinking about another pure distillation of evil, international arms merchant Viktor Bout.

Bout exploded out of the cold war as a well connected Merchant of Death.  He played a pivotal role in the arming of children as warriors in Africa and the continuing agony of that continent.  He was brought down by a brilliant U.S. Drug Enforcement Administration sting, overseen by  supervisory agent Michael Braun.

Arrested in Thailand, Bout seemed to have been on the way to justice in the United States.  But our “friends” in Russia leaned on the Thais, who now seem to be close to springing Bout.

Here is how the Russian news agency Novosti summed up the case last month:

Former Russian army officer Bout, 42, was arrested in Thailand in March 2008 during a sting operation led by U.S. agents.

The Bangkok Criminal Court refused in August to extradite Bout to the United States, where he is accused of conspiring with others to sell millions of dollars’ worth of weapons to the Revolutionary Armed Forces of Colombia (FARC), among other illegal arms deals, and “threatening the lives of U.S. citizens.”…

The Russian Foreign Ministry said it will give Viktor Bout all the support he needs. The ministry said it hoped Thailand would not reverse its initial decision of not extraditing Bout to the United States.

“All the support he needs” seems to be working.  Thailand is about to unleash this evil upon the world again, Braun warned in today’s The Washington Times newspaper:

An appellate court in Thailand appears primed to uphold a recent lower court ruling that will unleash Viktor Bout, universally known as the “Merchant of Death,” back on the global community. To say that Bout is upset with the United States after spending more than a year in a Thai prison would be a gross understatement.

…

Bout exploded onto the international scene shortly after the breakup of the Soviet Union, when he effectively leveraged his high-level former Soviet military and intelligence contacts and pounced on a capitalistic opportunity to sell a limitless assortment of Soviet arms that had been stockpiled during the Cold War. I’m talking about everything from AK-47 assault rifles by the millions to such advanced heavy weapons as Mi-24 Hind helicopter gunships, tanks and Igla surface-to-air shoulder-fired missiles that can knock down commercial airliners as easily as a sawed-off shotgun could blast ducks in a barrel.

His clientele were the potpourri of modern-day scum: global terrorists, ruthless dictators, merciless drug kingpins and other transnational organized criminal groups. However, it is the mark that Bout left on Africa that qualifies him as the world’s deadliest “shadow facilitator.”

Bout flooded the continent with hundreds of thousands of AK-47s and other modern weaponry before his arrest. Those arms replaced machetes and other archaic weapons wielded by heavily exploited and drugged young boys, who made up the ranks of several insurgent groups, and instantly transformed them from random murderers into perverse, mindless killing machines operating with assembly-line efficiencies. A million or more innocent Africans were slaughtered.

Read the entire article here.

Braun’s article apparently caused a panic of puckered pants at the State Department.  The Attorney General himself may have been galvanized into action.

Here’s the point: the Russians have tossed the coin and it’s up to the Obama administration to call it.  Bout is not just some guy who sells guns.  He is part of a chain of evil than spans the world:  drug traffickers, terrorists, ruthless and heartless.

The question may be this for the Attorney General:  Is letting Viktor Bout back into the world to sell more death and destruction to terrorist groups like the Colombian narcoteroristas FARC less important than getting admitted pervert and child abuser Roman Polanski back on our soil to serve his time?

When you stand to win everything, you also stand to lose everything.

"Call it!"

MUST READ FOR FANS OF WEED AND OTHER NOXIOUS DRUGS

Wow!  I just read what is probably the best single post I have ever read on the drug traffic.  It appears to be written by a law enforcement officer somewhere ["Greetings From Your Pal Al"] and  includes this truly masterful paragraph:

How could anybody with half a brain not know that people are killed – murdered – on a massive scale all over marijuana? People need drugs so badly that it’s “OK” with them that 30 people were beheaded – in one day! – by a cartel?

Now, that is a grabber.  Are you listening in California to this?

You must read the whole thing here.

NAJIBULLAH ZAZI — A CLASSIC CASE OF THE MEDIA’S TERRORISM “NEWS” CYCLE

Zazi Was Cooking Up Same Explosive Used in 2005 London Bus Bombing

“Those who talk don’t know.  And those who know don’t talk.”

Highly-Classified Aphorism.

It turns out that Inspector Clouseau might not have been in charge of the Zazi transit bombing plot investigation after all.

In fact — as Fairly Civil noted in the first posting on this case — there was every evidence for those with eyes to see and ears to listen that this was going to be a case of good investigation and timely preemption.  [Extended excerpts from court documents follow below in this posting.]

You would never have known that from the news media, which followed a by-now check-the-box predictable pattern.

PART ONE — MEDIA MOCK, MOCK

Since in intelligence matters, people who actually know what’s going on don’t talk, and the people who do talk, usually don’t know, the media is reduced to flailing about, looking for a “hook” to “advance” the story.

The general direction — with a few notable and commendable exceptions, such as J.J. Green of Washington’s WTOP radio station — is to treat the counter-terrorism forces as overzealous, and the suspects as innocent folk (just like you and me) being viciously “profiled” and “eavesdropped” on.

Bewildered head-scratching. Early on in every disrupted plot, the news media raise their collective eyebrows over the fact that the authorities didn’t actually catch anybody with a lit fuse. 

Harrumph!! Nothing actually went bang!

The unspoken premise is that these Keystone Cops, these clowns, are seeing phantoms.  Usually, some marginal or has-been politician can be found who will indiscreetly weigh in with a sound-bite.

The Denver Post, for example, ran with this bit from former Sen. Gary Hart:

Former Colorado Sen. Gary Hart said a Tuesday meeting with New York City Police Commissioner Raymond Kelly left him doubtful that authorities have uncovered an al-Qaeda terrorist cell that was planning a major terrorist attack.

“He works very closely with the FBI. If he had just uncovered any major terror conspiracy I believe he would have told me,” Hart told The Denver Post on Wednesday. He met with Kelly in his role as vice chairman of the Homeland Security Council.

“We were talking about what we could do to better protect New York City,” Hart said.

Gosh, I know if I were police commissioner, I would just tell every random guy who had an appointment with me that terrorists were plotting to blow my city up. Especially former senators who as a general rule are real good at keeping their lips sealed.

Or not.

"Hard-working Cab Driver" -- Incidentally Interested in Making High Explosives

People, Can We All Get Along? The “human interest” angle usually pops up fairly early, too.  This is the part where the alleged terrorists are portrayed as brothers of all mankind, just trying to get along, being hassled by the profiler man.  Ode to Joy comes to mind.

The Denver Post, no doubt feeling the weight of having an actual accused terrorist right here in the mile-high city [!!], sent a byte-stained wretch into the field to dig out this stolidly obtuse bit of gullible local color:

The 24-year-old Aurora man at the heart of a national terrorism investigation is a hard-working cabdriver who regularly attends prayer services and is working to put down roots in the United States.

In interviews on the phone and at his condominium Tuesday, Najibullah Zazi denied any terrorist ties.

“Calling me an extremist. What does that mean?” Zazi asked. “I’m just normal. I pray five times a day. I observe Ramadan.”

Oh, well, pardon us for interrupting your busy day, sir.

Not to be outdone, The New York Times scrambled to follow the Denver paper and made it official with this late edition bit of sensitive reporting:

“I have nothing to do with this,” said the man, Najibullah Zazi, 25, who was reached by telephone in Colorado on Monday and Tuesday. “This looks like it’s going toward me, which is more shocking every hour.”

Well, I know I was shocked.  The Times’ “kicker” (ending bit) in the same story left us fairly sobbing with outrage at the horrid conditions those mean old profiling, rights-abusing agents left in the wake of their outrageous Queens raid:

At one raid site, a fifth-floor apartment on 41st Avenue, a tenant, Naiz Khan, spoke of Mr. Zazi, who stayed overnight there on Thursday. He said that he had barely spoken with Mr. Zazi on his recent visit but that they had been closer when they were students at Flushing High School. He said he was committed to helping the F.B.I.

“Anything they need, I will help them out,” Mr. Khan said on Tuesday, standing amid a messy jumble of belongings. “It’s my responsibility.”

That a man can rise to such selflessness, “standing amid a messy jumble” … well, it touches one’s heart.

News desk, get me a pissing match! The oldest, greasiest card in the journaliste pack-o-tricks is the [excuse my French] “pissing match.”

It’s a great way to fill a factual void.

Any beat reporter worth his or her salt knows how to start one of these.  Find an anonymous “source” from the party of the first part who will likely criticize the party of the second part.  Ask that person a clever question ["Say, what do you really think about the way the Second Department handled that search?"].  Take the answer ["Those idiots from 2D couldn't find their ass in the dark with a flashlight in both hands!"] to another “source” in the party of the second part for “reaction” ["Hate to bother you, but I think it's only fair to get your reaction to something I heard today from an official over in 1D"].

This is good for several days worth of “reportage.”

The New York Daily News sent the first hack out to stir this angle up:

Raids on three Queens apartments may have derailed a terror plot, but they caused a rift between the NYPD and FBI officials who wanted to get more evidence, sources said Tuesday.

Although the NYPD’s top spokesman denied a rift, sources said the FBI wanted to hold off to determine exactly what a Denver-based terror cell was planning.

A frenzy followed.

Look, maybe mistakes were made, but my experience has been after having interviewed many, many agents and officials who work in this area is that one can always find those who will criticize other agencies, but over the long run those working at the point of the spear pull together and put their differences aside.  I personally doubt very much that the JTTF is riven with “fissiparous tendencies.”

And by the way, if you want to see a snake pit of back-biting rifts, just visit any newsroom.  Talk about pissing matches.

And further by the way, precisely when would the journalistes — the editors and reporters — have moved against such a plot?  When would they interrupt bomb-makers?  And would they turn their backs on “aspirational” bombers, hoping that they would never become “operational” and actually blow something up?

Hmm, Maybe — But Just Maybe — They Have A Little Something Here. As more evidence emerges , the media fall back on ponderous ruminations that the plot was disrupted before the bumbling plotters were able to create a serious threat.  Curiously, that is not a good thing.  A popular variant is that the FBI (or other agency) undercover agents who infiltrated the cell of would-be terrorists were the true “motivating” force who pushed a bunch of innocent clowns along the road to perdition.

Thus, The New York Times reported that authorities, possibly, maybe, kinda-sorta had some proof:

The central figure in what authorities describe as a widening inquiry into a possible plot to detonate explosives in the United States had been trained in weapons and explosives in Pakistan and, according to court papers released Sunday, had made nine pages of handwritten notes on how to make and handle bombs.

But the paper-of-record felt compelled to add a bit more wee-wee match “tension” to the brew, and insert the ritual “the plot had not taken shape” clause:

In a sense, the case reflects the tension that has grown between intelligence and law enforcement agencies since the September 2001 attacks. Some intelligence officials are prepared to disrupt a group as soon as its activities are discovered, while more case-oriented law enforcement agencies seek to surreptitiously track or infiltrate a suspect group, uncovering all of its members, until there is compelling evidence to charge the plotters with a crime.

In this case, officials say, Mr. Zazi and his confederates were apparently deterred before any plot had a chance to take shape and before investigators were able to clearly understand what the men were planning. That left prosecutors to charge the three men with proxy offenses of making false statements rather than crimes directly involving terrorism.

This is wool-gathering pabulum.  If you think that there have been tensions between law enforcement and intelligence agencies “since the September 2001 attacks,” you should recall the real “Chinese Wall” that existed between them before that infamous date.

Holy S**t, Batman, This was real! Finally, comes acceptance.

Bad people really do want to hurt us.

Our counter-terrorism agencies really do catch many (one would hope most and wish all) of them before they can do us harm.

So, today, The New York Times grudgingly leads with the news that the case of Najibullah Zazi “may” be different.

Since the terrorist attacks of Sept. 11, 2001, senior government officials have announced dozens of terrorism cases that on closer examination seemed to diminish as legitimate threats. The accumulating evidence against a Denver airport shuttle driver suggests he may be different, with some investigators calling his case the most serious in years.

Gosh, authorities must be gratified that the experts in the media now agree that this is serious!

Still, the paper can’t resist pulling lint out of the navel of so-called “aspirational” cases, those where nothing went boom because undercover agents defused the plot.  Buried at the very end of this pompous fugue of faux journalistic “expertise” in terrorism investigations is a typical media “J’accuse!” format: an agency’s “admission” with a “but” qualifier.

What could be more fair?

F.B.I. officials have admitted that such cases are “aspirational” rather than operational. But they note that if the Sept. 11 hijackers — some of whom were unsophisticated recent arrivals to the United States — had been interrupted early on, they might have looked amateurish and the notion that they could turn jetliners into missiles far-fetched.

PART TWO — FOR THE RECORD

So, what evidence does the government have?  Well, keeping in mind that prosecutors are not going to put on the table more than they need to, and using a bit of common sense and understanding about how real investigations (as opposed to media imaginings) actually work, the following is a bare minimum.  And chilling.

On the point of competence, if you read these filings (and others quoted in other posts) carefully, you will see several junctures at which judicial authorization was obtained.  These indicate that at those points the investigators had other evidence not cited here which persuaded a judge to approve the investigative steps.  In other words, 1 + 1 = 3.

These excerpts come from the indictment and a memorandum of law opposing release of bail in the case of United States v. Najibullah Zazi in the United States District Court for the Eastern District of New York, Docket No. 09-CR-663:

NAJIBULLAH ZAZI, together with others, did knowingly, intentionally, and without lawful authority conspire to use one or more weapons of mass destruction, to wit: explosive bombs and other similar explosive devices, against persons and property within the United States…

…

In furtherance of the conspiracy, Zazi received detailed bomb-making instructions in Pakistan, purchased components of improvised explosive devices, and traveled to New York City on September 10, 2009 in furtherance of his criminal plans….

…

A. Trip to Pakistan

Customs and Border Protection (“CBP”) records show that on August 28, 2008, Zazi and others flew from Newark Liberty International Airport to Peshawar, Pakistan via Geneva, Switzerland and Doha, Qatar.  They traveled on Qatar Airlines Flight Number 84.

Zazi is associated with three email accounts (“Email Account 1,” “Email Account 2,” and “Email Account 3″) that were active during his time in Pakistan.  One of the accounts is directly subscribed to Zazi, and all three accounts contain slight variations of the same password.  The government will establish at trial that these accounts were used in furtherance of Zazi’s efforts to manufacture explosive devices.  Among other things, during a consent search of two of three of the accounts, agents found jpeg images of nine pages of handwritten notes containing formulations and instructions regarding the manufacture and handling of different kinds of explosives.  Based on email header information, these images had been emailed to Email Accounts 2 and 3 in early December 2008, while Zazi was in Pakistan.  As discussed below, the same notes were transferred onto ZAZI’s laptop computer in June 2009.

The notes contained specifications for, among other explosives, the explosive Triacetone Triperoxide (“TATP”), which is the explosive used in the 2005 London train bombings and intended to be used in the 2001 “shoe bomb” plot by Richard Reid.  The three components of TATP are hydrogen peroxide, acetone and a strong acid (such as hydrochloric acid).  The handwritten notes mention that acetone is found in nail polish remover and that hydrogen peroxide can be found in “Hair Salon – 29-30%.”  The notes discuss formulations for mixing hydrogen peroxide with flour, and list ghee oil as a type of fuel that can be used to help initiate the explosive device.

Zazi flew from Peshawar back to John F. Kennedy International Airport in Queens, New York (“JFK”) on January 15, 2009 aboard Qatar Airlines Flight Number 83.

B.  Research and Purchase of Explosive Device Components

Prior to traveling to Pakistan, Zazi lived in the Flushing neighborhood of Queens, New York.  Within days of returning from Pakistan, Zazi moved to Aurora, Colorado.  Zazi resided with family members on East Ontario Drive in Aurora from January 2009 until the end of July 2009.  Zazi’s father, Mohamed Wali Zazi (“Wali”) moved from New York to Aurora in July 2009, and the two ultimately moved into a residence on East Smoky Hill Road in Aurora on or about July 31.

A lawfully-authorized search of Zazi’s laptop computer reflects that Zazi transferred the bomb-making instruction notes onto his laptop and/or accessed the notes on his laptop in June and July 2009.  The FBI’s search of the laptop also reflects that Zazi conducted several internet searches for hydrochloric acid during the summer of 2009, and “bookmarked” a site on two different browsers for “Lab Safety for Hydrochloric Acid.”  Zazi also searched a beauty salon website for hydrocide and peroxide.

During July and August 2009, Zazi and others associated with Zazi purchased unusually large quantities of hydrogen peroxide and acetone products from beauty supply stores in the Denver metropolitan area.  Surveillance videos and receipts reflect that on July 25, 2009, Zazi purchased six bottles of “Liquid Developer Clairoxide” from a beauty supply store in Aurora.  This product contains high concentrations of hydrogen peroxide.  The videos and receipts also establish that on August 28, 2009, Zazi purchased 12 32-oz bottles of “Ms. K Liquid 40 Volume” — another hydrogen peroxide based product — from the same store.  Records from a nearby hotel in Aurora reflect that Zazi checked into a suite in the hotel on the same day.  The suite included a stove.

The evidence will further establish that individuals associated with Zazi purchased unusual quantities of hydrogen and acetone products in July, August and September 2009 from three different beauty supply stores in and around Aurora.  One person purchased a one-gallon container of a product containing 20% hydrogen peroxide, as well as an eight ounce bottle of acetone.  A second person purchased an acetone product in approximately the first week of September.  A third person purchased 32-ounce bottles of Ion Sensitive Scalp Developer, a product containing high levels of hydrogen peroxide, on approximately three occasions during the summer of 2009.

C.  Travel to New York

On September 6 and 7, 2009, Zazi rented the same suite at the same hotel in Aurora where he had stayed on August 28.  The hotel surveillance camera captured Zazi checking-in to the hotel at 2:32 p.m. on September 6.  Subsequent FBI testing for explosives and chemical residue in the suite revealed the presence of acetone residue in the vent above the stove.  Importantly, the bomb-making notes contemplate heating the components in order to make them highly concentrated.

Also on September 6 and 7, Zazi attempted to communicate on multiple occasions  with another individual — each communication more urgent in tone than the last — seeking to correct [sic, probably "seeking correct"]  mixtures of ingredients to make explosives.  Included in the communications were requests related to flour and ghee oil, which are two ingredients listed in the bomb-making instructions.  Zazi repeatedly emphasized in the communications that he needed the answers right away.

A lawfully-authorized search of Zazi’s laptop computer reflects that the next day, September 8, Zazi searched the internet for locations of a home improvement store within zip code 11354, the zip code for the Flushing neighborhood of Queens, New York.  He then searched the home improvement store’s website for muriatic acid, which is a diluted version of hydrochloric acid and, as discussed, could constitute the third component of TATP, which is comprised of hydrogen peroxide, acetone and a strong acid like hydrochloric acid.  Zazi viewed four different types of muriatic acid.  He viewed one particular type — Klean Green Safer Muriatic Acid — multiple times.  This product claims to have lower fumes and is safer to handle than standard muriatic acid.

The same day as the home improvement store internet searches, Zazi rented a car.  The next day, September 9, Zazi started driving from Colorado to New York City, taking with him the laptop computer (which, as noted, contained the bomb-making instructions).  The car rental contract reflects that Zazi was supposed to return the car in New York on September 14, 2009.

Zazi arrived in New York on the afternoon of September 10 and traveled to Flushing, Queens.  Lawfully-authorized intercepts of Zazi’s cell phone reflect that Zazi became suspicious, and then learned directly, that law enforcement officers were tracking his activities.  Zazi ultimately purchased an airline ticket and returned to Denver on September 12.

Zazi spent the night of September 10 at a residence in Queens.  During the execution of a search warrant at the Queens residence, agents found, among several other items, an electronic weight scale in the closet.  The scale and batteries both contained Zazi’s fingerprints.  In addition, during a lawfully-authorized search of Zazi’s laptop, agents found the images of the handwritten bomb-making instructions discussed above.  Experts in the FBI’s explosives unit have opined that the scale would be suitable for performing several of the procedures outline in the instructions.  With respect to TATP, a scale such as the one recovered would be required to weigh the hydrogen peroxide and other precursor chemicals in determining the proper concentrations and ratios.  These procedures are outlined in the bomb-making notes.

After Zazi’s laptop was searched in New York, and after Zazi returned to Colorado with his laptop, agents executed a search warrant at his Aurora address.  Agents recovered the same laptop that had previously been searched and found that the hard drive had since been removed.

Richard Reid, Would-Be TATP Dancer, the Failed Shoe-Bomber

SUNSET BOULEVARD FOR AVENUES GANG — FEDS AND LA CITY ATTORNEY KEEP HAMMERING

Joe Gillis (William Holden): You’re Norma Desmond. You used to be in silent pictures. You used to be big.

Norma Desmond (Gloria Swanson): I am big. It’s the pictures that got small.

Sunset Boulevard (1950)

The notorious Avenues gang in Los Angeles is finding itself caught in a giant gang compactor.  The screen is not getting smaller.  The gang is.

A federal RICO (racketeering) indictment — handed up Thursday, September 17th and sealed until a massive raid was carried out Tuesday, September 22nd — named 88 members of the gang, which has an estimated 400 members in total.  That’s 22 percent of the gang in this round alone.

Among the crimes alleged in the current indictment is the August 2008 murder of 27-year old Los Angeles County Sheriff’s Department deputy Juan Abel Escalante.  Wholly aside from the moral degradation apparent in that tragic and ruthless murder of a father of three, it was a serious mistake by the gang’s genius bar.

The latest in a series of coordinated attacks on this violent criminal entity by federal law enforcement agencies and the City of Los Angeles have demonstrably affected the gang and its overlords, the “big homies” of the Mexican Mafia (EME) prison gang.  Although some of the faces have changed on the side of civil society, the new players are sticking to a well-honed game plan and putting unrelenting pressure of the worst of the gangs.  [The history of how that game plan developed is laid out in my latest book, No Boundaries: Transnational Latino Gangs and American Law Enforcement (University of Michigan Press, 2009).]

“THE TORCH HAS BEEN PASSED”

Unlike Many Contemporary Idealists, Attorney General Robert F. Kennedy Clearly Understood the Threat of Organized Crimes and Was A Relentless Gang-Buster

In concert with the federal indictment, the new Los Angeles City Attorney, Carmen Trutanich, has also filed 3 new civil abatement actions against the Avenues, under his office’s Project T.O.U.G.H. (Taking Out Urban Gang Headquarters).  These civil lawsuits ask for injunctions against owners of property in notorious use by gangsters, and demand that the properties undergo physical and managerial improvements.  The court is also asked for “stay-away” orders against known gang members named in the lawsuits.  These filings bring to 15 the total of such actions against the gang since an injunction was won in 2002 by former City Attorney Rocky Delgadillo.

On the federal side, Acting United States Attorney George S. Cardona is continuing to use the gang-busting RICO hammer that former USA Thomas O’Brien used to great effect.

Earlier posts of Fairly Civil laid out some of this civil action history in the context of the Drew Street clique (of which more below).  You can read those posts here and here.

Another excellent source on the history of the Avenues gang and its relationship to the Mexican Mafia can be found in Tony Rafael’s book, The Mexican Mafia.  Rafael (a non de plume) is reported to have a “green light” on him because of his research.  Here is what the Southern Poverty Law Center’s Intelligence Report wrote about him in 2006:

Whenever Tony Rafael leaves home, he carries a .45-caliber handgun nestled in a holster just below his armpit. A Cold Steel Recon-1 knife is stashed elsewhere on his person. Concealed weapons permits are hard to come by in Los Angeles County, but Rafael is a special case.

Okay, to each his own.  Other good sources are Chris Blatchford’s engaging profile of former (“flipped”) EME member Rene Enriquez, The Black Hand, and Mundo Mendoza’s Mexican Mafia: From Altar Boy to Hitman, available only in Word format on a CD-ROM.

But several things distinguish Rafael’s book in the context of this case.

First, as the SPLC Intelligence Report describes, Rafael was all over the EME-policy driven anti-Black murders by the Avenues gang and some other Latino gangs — at a time when the Los Angeles Times and other “main stream media” simply refused to admit that such things as local “ethnic cleansing” were happening and simply would not report on them (until federal indictments put the elephant on the news conference table).

Second, Rafael puts a well-informed finger right on the astoundingly obtuse Los Angeles media coverage in general about the Mexican Mafia and its suzerainty over Southern California Latino gangs, a dominance that is being consolidated and extended elsewhere in the United States (see this Fairly Civil post for an example).

In Yogi Berra’s inimitable words, “This is like deja vu all over again.”  In two lead stories in the Los Angeles Times on the law enforcement action, here and here, the Mexican Mafia was mentioned in one sentence! Moreover, the paper appears oblivious to the significance of the RICO law as a gang-fighting tool, instead focusing its coverage on “style section” type gangster and cop profiles, like a film noir script.  The federal investigative effort was key in this case — primarily from agents of the Drug Enforcement Administration working on the Los Angeles High Intensity Drug Trafficking Area (HIDTA) task force, using Title III wiretaps among other sophisticated tools.

Given the media grey-out in Los Angeles, of all places, about the nature of gangsters and organized crime, it is no wonder that many probably well-intentioned activists still insist on seeing the gang problem only as the “disorganized crime” of marginalized youth.  (Of course, some less-than-well-intentioned are in the mix, and Fairly Civil will not need smelling salts if and when the public corruption indictments start coming down).

Of course, intervention, prevention, and spiritual redemption all have their place.

But nothing stops a violent criminal conspiracy like a RICO indictment.

Speaking of which, here are relevant and extremely informative excerpts from United States v. Aguirre, the case at hand.

The first section not only describes the history of the Avenues, but articulates the relationship between the Avenues and the Mexican Mafia, and the impact of the hammering the Drew Street clique took:

BACKGROUND OF THE AVENUES STREET GANG

2. The Avenues gang is a multi-generational street gang that was formed in the 1940s and claims the area roughly between Colorado Boulevard to the north, the 3200 Block of Griffin Street to the east, San Fernando Road to the south, and Drew Street to the west as its “territory” in Northeast Los Angeles. The Avenues gang has been divided into a number of smaller groups, or “cliques,” based on geography and associations in the neighborhood controlled by the gang. The original Avenues cliques were the Cypress Avenues, the Avenues Assassins, Avenues 43rds, and most recently the Drew Street clique. After its formation was formally authorized by the Mexican Mafia in August 2007, the Drew Street clique became the most active and violent clique within the Avenues gang and produced the most significant revenues for the Mexican Mafia from narcotics trafficking, robbery, the extortion of local business owners, “staged” car accidents, identity theft, and other crimes. Revenues in the form of “taxed” proceeds from the crimes of the organization were collected by Avenues leaders and paid to Mexican Mafia leaders who directed, and continue to direct, the activities of the Avenues gang from within the California State Prison system, in particular the California State Prison at Pelican Bay, California. In June 2008, the federal investigation and prosecution of the Drew Street clique of the Avenues gang dismantled the Drew Street clique and removed its leadership, in particular Francisco “Pancho” Real, Maria “Chata” Leon, and the Real/Leon family. After the federal indictment, Mexican Mafia leaders have attempted to re-organize and re-establish the  Avenues presence in Northeast Los Angeles by ending the “clique” divisions within the gang and naming new leaders of the Avenues gang, specifically defendants VELASQUEZ, RODRIGUEZ, and, later, SOLIS. Mexican Mafia leaders meet with Avenues gang leaders at California State Prison facilities and speak by telephone in order to instruct and direct the crimes of the Avenues gang, and to coordinate the collection of illegal proceeds from gang activity.

Following sections illuminate gang “culture,” including the key role of “tagging,” which some probably well-intentioned people prefer to see as the creative expressions of frustrated youngsters:

3. Avenues gang members generally identify one another through the use of hand gestures, or gang “signs.” They typically display the letter “A” for Avenues or the interlocking “L-A” for “Los Avenidas.” Members refer to one another as “skulls” and frequently wear the “Skull Camp” or “Skull Wear” brand clothing to identify themselves as members and associates of the Avenues gang. The clothing depicts images of human skulls in various forms, such as a human skull depicted as part of the logo for the Oakland Raiders football team and, oftentimes, the depiction of a human skull wearing a fedora hat, with a bullet hole in the side of the skull. Gang members also frequently wear baseball caps for teams such as the Oakland Athletics, Atlanta Braves, and Los Angeles Dodgers, whose team insignia includes an “A” or “L-A,” for Avenues and Los Avenidas. Gang tattoos, gang names, and slogans are also used to identify members and territory controlled by the gang.

4. The Avenues gang also uses spray-painted “tagging” to demonstrate its control of its neighborhoods to rival gang members and the local community. Gang “tagging” frequently appears on street signs, walls, buildings, and portions of the 110 Freeway, Interstate 5, and Highway 2 in the areas controlled by the gang. Members will also often use the number 13 in various forms (i.e., 13, X3, or XIII) to demonstrate loyalty to the Mexican Mafia (“m” being the 13th letter in the alphabet) and to signal that the gang has “sureno” (Southern California) loyalty. The letters “NELA” are used to identify Northeast Los Angeles gang members, and the number 187 is frequently used by the gang to take “credit” for a murder that has been committed by the gang. “Tagging” is used in this way to issue challenges to rival gang members and to communicate among Avenues gang members. More importantly, it is a public demonstration of the authority of the gang, because it not only identifies territory claimed by the Avenues gang to rival gang members, but also serves as a warning or means to terrorize members of the public and law-abiding residents of the neighborhoods with threats that the neighborhood is under the control of the Avenues gang.

Of course, the most innocent victims are the ordinary people who live in gang-infested neighborhoods.  It’s odd that “activists” often seem less concerned about these boringly “straight” people than the thugs who terrorize them:

5. Persons living in the neighborhoods controlled and “tagged” by the Avenues gang have had to live with the knowledge that they may be subject to violent retaliation, even death, if they try to remove or clean the gang’s marks from their buildings and homes or try to remove pairs of sneakers that are frequently thrown across telephone and power lines as a display of gang control of the neighborhood. Those actions would be seen as defying the gang’s authority and its control over the neighborhoods it has claimed. The gang’s tactics, which include wearing “Skull Camp” clothing, shaved heads, display of weapons, tattoos, “tagging,” and even posting items on websites, are designed to intimidate and terrorize the residents of the neighborhoods controlled by the Avenues gang. In addition, residents in the neighborhood have been attacked by Avenues gang members for maintaining security systems and cameras in the neighborhoods.

Confronting and murdering law enforcement personnel is not just an expression of “la vida loca.”  It is a violent manifestation of the gangs’ imperative to control territory, gauzily recalled by gangster advocates as barrio-love.

6. As part of the gang’s control over neighborhoods, Avenues gang members direct violent attacks against law enforcement officers and brag about those attacks in Internet communications. In particular, Avenues gang members and leaders post antagonistic attacks directed at law enforcement on Internet websites, such as “Fuck the police,” and mottos, including “Avenidas don’t get chased by the cops. We chase them.” As to the general public, Avenues gang members warn, “Avenidas don’t just hurt people. We kill them.” Threats of violence against law enforcement have been repeatedly demonstrated in armed attacks by Avenues gang members on law enforcement officers, including a February 21, 2008 attack in which Avenues gang members opened fire on Los Angeles Police Department (“LAPD”) officers with handguns and an assault rifle, and an August 2, 2008 attack in which Avenues gang members murdered Los Angeles County Sheriff’s Deputy Juan Escalante in front of his home in Cypress Park.

Here follows reference to the gang’s campaign against Africa-Americans, the subject Tony Rafael convincingly demonstrates in his book was … um … whited-out by the news media in Los Angeles:

7. The organization is also hostile to the presence ofAfrican-Americans in Avenues gang territory. Neighborhoods controlled by the Avenues gang are frequently “tagged” with racist threats directed against African-Americans that are intended to intimidate African-Americans and prevent African-Americans from living in the neighborhood. Avenues gang members also confront African Americans with threats of violence and murder in order to intimidate and prevent African-Americans from residing in or entering neighborhoods controlled by the Avenues gang.

Oh, yeah, did we mention drug-trafficking?  This is the core of the organized criminal enterprises that gangs have morphed into since the sepia-toned days gang “advocates” are stuck in. Most gangsters today are workers inthe drug sweat shops, while the “big homies,” “shot callers,” and drug lords” live lives of filthy wealth.

8. The Avenues gang is continually engaged in the distribution of cocaine base in the form of cocaine, crack cocaine (“crack cocaine”), methamphetamine, heroin and other narcotic drugs. In particular, Avenues gang leaders obtain narcotic drugs and control the distribution of narcotic drugs by providing “street-level” distribution amounts (typically a few grams of crack cocaine at a time) to numerous gang members and associates in the area controlled by the gang. Avenues gang leaders, in turn, collect extortion payments, referred to as “taxes” or “rent,” from drug traffickers in the neighborhood. Avenues gang members also extort payment from persons who live and maintain businesses in the area controlled by the gang under threat of physical violence, including the threat that individuals who do not adhere to the gang’s demands will be “green-lighted” by the Mexican Mafia, that is, they will be targeted for murder. The authority to collect “taxes” represents an elevated position within the gang, one that is authorized by the Mexican Mafia leaders as a “shot-caller.” The “shot-caller” who has authority to collect “taxes” may then delegate the responsibility for collections to other gang members under his authority.

What makes this all work?  Guns.  The militarization of the U.S. civilian firearms market in the 1980s (assault weapons) and the rise of high-capacity semi-automatic pistols was the wind under the wings of the criminally consolidating gangster empires.

9. Avenues gang members maintain a ready supply of firearms, including handguns, shotguns, automatic assault rifles, and machineguns, in order to enforce the authority of the gang. Such weapons typically are stolen or unregistered, so that their use cannot be readily connected to the gang member who either used the weapon or maintained it. Weapons often are discarded or destroyed after having been used to commit acts of violence on behalf of the organization. Therefore, gang leaders frequently need to maintain a source of supply for additional unregistered or non-traceable firearms. The Avenues gang also controls the activities of its members and enforces its authority and internal discipline by killing, attempting to kill, conspiring to kill, assaulting, and threatening its own members or others who would present a threat to the enterprise. Avenues gang members and associates typically continue to plan and execute crimes even after arrests and during periods of incarceration, by telephone calls from inside detention facilities, prison notes (known as “kites”) and meetings among inmates within an institution, where they coordinate offenses to be carried out within the institutions and upon their release from custody.

More on gang “culture” — youth programs, activities for women, and neighborhood “work”:

10. Leaders of the Avenues gang recruit and initiate juveniles to join the gang and direct them to commit acts of violence and drug-trafficking crimes on behalf of the gang. New members frequently are recruited through their participation in a younger “tagging” unit or from a different sect of the larger organization. New members ordinarily are then “jumped in” to the gang. This initiation process ordinarily requires that the new member is physically beaten by senior, established members of the gang and must demonstrate his resilience during the beating. The new member is then expected to put in “work” for the gang, which includes the distribution of narcotics, “hunting” rival gang members,  posting up” in the neighborhood (acting as a “look-out”to alert members to the presence of law enforcement), and “tagging” in the neighborhood.

11. Females are commonly disparaged and addressed derisively in the gang. However, female members and associates play a vital role in the operation of the Avenues gang and its relationship with the Mexican Mafia. Female associates are frequently active in narcotics trafficking, weapons distribution, the maintenance of cellular telephones, and the collection and transfer of “tax” payments and narcotics proceeds. Female associates are frequently relied on to smuggle narcotics into the state penitentiaries and provide cellular telephones to gang members in and out of custody. Female associates also play an integral role in directing and maintaining communications within the organization, in particular, communications with incarcerated gang members and leaders of the organization, as well as the distribution of collected drug proceeds and “taxed” payments from the neighborhood.

12. Avenues gang members enforce the authority of the gang to commit its crimes by directing acts of violence and retaliation against non-compliant drug-traffickers and rival gang members, as well as non-compliant members. Gang members frequently destroy surveillance cameras installed in the neighborhood pursuant to court orders and to protect the neighborhood from the crimes of the Avenues gang. Avenues gang members also commonly threaten witnesses whom they suspect might testify or provide information to law enforcement about the crimes committed by the gang, or other public officers, such as school teachers or fire department officers who might come into conflict with the goal of the Avenues gang to control and terrorize the neighborhoods in Northeast Los Angeles.

Here is a tutorial on the relationships between EME and the Avenues:

MEXICAN MAFIA AUTHORITY FOR THE AVENUES

13. The Avenues gang is loyal and committed to the “Mexican Mafia,” also known as “La Eme.” The Mexican Mafia is a prison gang that was organized within the California State Prison system in order to control and direct the activities of Southern California street gangs. “Made” members of the Mexican Mafia have assumed authority for different regions in Southern California. Typically, a “made” member is an inmate within the California State Prison system and exercises his control and direction over the region from within the state prison facility where he is housed. The Mexican Mafia leaders issue directions and orders, including orders to kill rival gang members, members of law enforcement, and members of the public, which are referred to as “green-lights.” Those orders are to be executed by Avenues gang members and are understood by Avenues gang members as opportunities to gain elevated status within the organization or potentially become a “made” member of the organization.

14. The Mexican Mafia has established rules to govern acts of violence committed by local street gang members, including Avenues gang members. The Mexican Mafia thus requires Avenues gang members to adhere to protocols for the conduct of violent attacks, narcotics trafficking, and murders, including the issuance of “green light” authorizations for murder. Failure to adhere to Mexican Mafia rules can lead to the issuance of a “green light,” directing an attack on the offending member, or the requirement that money be paid. “Green lights” are also frequently issued in retaliation for a perceived “disrespect” to a Mexican Mafia leader, to punish the unauthorized collection of “tax” payments in a neighborhood controlled by the Avenues gang, or to sanction individuals who traffic in narcotics without the gang’s authorization or without paying the required tax to the Avenues and Mexican Mafia.

15. Mexican Mafia and Avenues gang members and associates regularly exploit prison visits, telephone calls, policies concerning letter-communications with attorneys, and prison monetary accounts in order to generate income from narcotics trafficking and other crimes of the enterprise, so as to promote the criminal enterprise and direct the operation of the Avenues gang from within the California State Prison system. Mexican Mafia leaders also require weekly payments from prisoners incarcerated in the Los Angeles County Jail system.

16. Avenues gang leaders extort money from local drug traffickers, members of other gangs, prostitutes, residents, and persons who maintain businesses in the area controlled by the gang. A portion of the “taxes” collected by the Avenues gang leaders is then paid to the Mexican Mafia leadership incarcerated within the California State Prison system. Avenues gang members also raise funds for the organization by conducting armed home invasion robberies, in which they target individuals believed to maintain large sums of cash or valuables in their homes.

LEADERSHIP OF THE MEXICAN MAFIA

17. Currently three Avenues gang members are also validated Mexican Mafia members. They are Mexican Mafia Member #1, Mexican Mafia Member #3, and Alex “Pee Wee” Aguirre, and they have authority over Northeast Los Angeles, which is the territory controlled by the Avenues gang. The Mexican Mafia members use Mexican Mafia leaders and associates, including defendants RUDY AGUIRRE, JR., RICHIE AGUIRRE, RUDY AGUIRRE, SR., and P. CORDERO, to communicate orders and authorizations to Avenues gang leaders and members, and to receive information about the activities of the Avenues gang.

LASD Deputy Juan Abel Escalante, Father of Three, Allegedly Murderd by Avenues Gangsters

NAJIBULLAH ZAZI CASE GETS SPOOKIER — FEDS GIVE NOTICE OF FOREIGN INTELLIGENCE PROTECTIONS

Never Forget

Enigmatic Quote for Today

The native hue of resolution

Is sicklied o’er with the pale cast of thought;

And enterprises of great pitch and moment,

With this regard, their currents turn awry,

And lose the name of action.

William Shakespeare, Hamlet.

Prosecutors in the case of the suspected transit-bomber Najibullah Zazi have served notice in the federal court in Denver that they intend to use provisions of the Foreign Intelligence Surveillance Act (“FISA”) that will protect sensitive information from public disclosure.  [See later post here with more filings.]

What follows is an overview of some of the relevant filings, law, and controversies around FISA.

The Government’s Notice

The United States of America … hereby provides notice to defendant Najibullah Zazi and to the Court , that pursuant to Title 50, United States Code, Section 1806(c) and 1825 (d), that [sic] the United States intends to offer into evidence, or otherwise use or disclose in any proceedings in the above-captioned matter [United States v. Najibullah Zazi], information obtained and derived from electronic surveillance and physical search conducted pursuant to the Foreign Intelligence Surveillance Act of 1978 (“FISA”), as amended, 50 U.S.C. SS 1801-1812 and 1821-1829.

“Notice of Intent To Use Foreign Intelligence Surveillance Act Information,” United States v. Najibullah Zazi, U.S. District Court for the District of Colorado, Docket No. 09-cr-03001-CBS, September 21, 2009.

Different Views of FISA

Law enforcement, intelligence community view:

Virtually all counter-terror and counter-intelligence agents in the United States regard FISA and its various amendments as essential to their work:

FISA has since its enactment been a bold and productive tool in this country’s fight against the efforts of foreign governments and their agents to engage in intelligence-gathering aimed at the U.S. government, either to ascertain its future policy or to effect its current policy, to acquire proprietary information not publicly available, or to engage in disinformation efforts. With the enactment of the USA PATRIOT Act FISA has been expanded and broadened to make it a useful tool in exposing and combating foreign terrorist groups’ efforts to target the United States.

James G. McAdams, III, “Foreign Intelligence Surveillance Act (FISA): An Overview,” Federal Law Enforcement Training Center, U.S. Department of Homeland Security, March 2007.

ACLU View

The American Civil Liberties Union — not surprisingly — has a much different view of FISA:

The Foreign Intelligence Surveillance Act (FISA), born after the Watergate scandal, establishes how the government can secretly eavesdrop on Americans in their own country in intelligence investigations. It was originally passed to allow the government to collect foreign intelligence information involving communications with “agents of foreign powers.”

On July 10, 2008, President Bush signed the unconstitutional FISA Amendments Act of 2008 (FAA), supposedly aimed at “updating” the Foreign Intelligence Surveillance Act (FISA). Unfortunately, the law meant to “update” FISA instead gutted the original law by eviscerating the role of the judicial oversight in government surveillance. The law also gave sweeping immunity to the telecommunications companies that aided the Bush administration’s unconstitutional warrantless wiretapping program by handing over access to our communications without a warrant. On the same day the FAA was signed into law, the ACLU filed a lawsuit challenging its constitutionality.

This is not the first time that Congress has undermined FISA. The USA Patriot Act, passed in 2001 and re-authorized in 2006, amended FISA to make it easier for the government to obtain the personal records of ordinary Americans from libraries and Internet Service Providers, even when they are not suspected of having connections to terrorism.

Congressional leadership has promised to address the issues surrounding the FISA Amendments Act before it sunsets in 2012 during the 2009 debate over reauthorization of USA Patriot Act provisions. Until then, the ACLU will fight in the courts to block the law from taking effect.

More information about the ACLU’s lawsuit to block the FAA is available online at: http://www.aclu.org/safefree/spying/fisa.html.

How Often Is FISA Used?

An annual report to Congress from the Justice Department contains statistics about FISA use, as well as discussion of some of the topical issues surrounding it. Here are the statistics:

During calendar year 2008, the Government made 2,082 applications to the Foreign Surveillance Court (hereinafter “FISC”) for authority to conduct electronic surveillance and physical search for foreign intelligence purposes. The 2,082 applications include applications made solely for electronic surveillance, applications made solely for physical search, and combined applications requesting authority for electronic surveillance and physical search.

During calendar year 2008, the FISC approved 2,083 applications for authority to conduct electronic surveillance and physical search (two applications filed in calendar-year 2007 were not approved until calendar-year 2008). The FISC made substantive modifications to the Government’s proposed orders in two of those applications. The FISC denied one application filed by the Government during calendar year 2008.

Letter from Assistant Attorney General Ronald Weich, Office of Legislative Affairs, to Senate Majority Leader Harry Reid, May 14, 2009.

Some of the Statutory Provisions

For the wonks still with us, here are excerpts from the basic law.  There are many more provisions that should be reviewed to get a complete understanding, which eludes even the most nimble legal minds in Washington and Kabul, but these seem most relevant to the moment:

50 U.S. Code 1806

(c) Notification by United States

Whenever the Government intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, against an aggrieved person, any information obtained or derived from an electronic surveillance of that aggrieved person pursuant to the authority of this subchapter, the Government shall, prior to the trial, hearing, or other proceeding or at a reasonable time prior to an effort to so disclose or so use that information or submit it in evidence, notify the aggrieved person and the court or other authority in which the information is to be disclosed or used that the Government intends to so disclose or so use such information.

50 U.S. Code 1825

(d) Notification by United States

Whenever the United States intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, against an aggrieved person, any information obtained or derived from a physical search pursuant to the authority of this subchapter, the United States shall, prior to the trial, hearing, or the other proceeding or at a reasonable time prior to an effort to so disclose or so use that information or submit it in evidence, notify the aggrieved person and the court or other authority in which the information is to be disclosed or used that the United States intends to so disclose or so use such information.

…

§ 1801. Definitions

As used in this subchapter:

(a) “Foreign power” means—

….

(4) a group engaged in international terrorism or activities in preparation therefor;

…

(b) “Agent of a foreign power” means—

(1) any person other than a United States person, who—

…

(C) engages in international terrorism or activities in preparation therefore…

…

(f) “Electronic surveillance” means—

(1) the acquisition by an electronic, mechanical, or other surveillance device of the contents of any wire or radio communication sent by or intended to be received by a particular, known United States person who is in the United States, if the contents are acquired by intentionally targeting that United States person, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes;

(2) the acquisition by an electronic, mechanical, or other surveillance device of the contents of any wire communication to or from a person in the United States, without the consent of any party thereto, if such acquisition occurs in the United States, but does not include the acquisition of those communications of computer trespassers that would be permissible under section 2511 (2)(i) of title 18;

(3) the intentional acquisition by an electronic, mechanical, or other surveillance device of the contents of any radio communication, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes, and if both the sender and all intended recipients are located within the United States; or

(4) the installation or use of an electronic, mechanical, or other surveillance device in the United States for monitoring to acquire information, other than from a wire or radio communication, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes.

§ 1821. Definitions

…

(5) “Physical search” means any physical intrusion within the United States into premises or property (including examination of the interior of property by technical means) that is intended to result in a seizure, reproduction, inspection, or alteration of information, material, or property, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes, but does not include

(A) “electronic surveillance”, as defined in section 1801 (f) of this title, or

(B) the acquisition by the United States Government of foreign intelligence information from international or foreign communications, or foreign intelligence activities conducted in accordance with otherwise applicable Federal law involving a foreign electronic communications system, utilizing a means other than electronic surveillance as defined in section 1801 (f) of this title.

Excerpts from Title 50, Chapter 36 — Foreign Intelligence Surveillance at Cornell University Law School website.

Alas, Poor Yorick

THE CASE AGAINST TERROR SUSPECT NAJIBULLAH ZAZI–FBI AFFIDAVIT REVEALS ELEGANT WORK

Victim of 2005 London Transit Bombings

Najibullah Zazi just learned a golden rule.

Never, ever lie to the FBI.

Zazi, the principal local suspect in the ongoing and unfolding international terrorism investigation that came into public view with raids in New York last week, has been charged with making false statements to the FBI.  So has his father and another person. The thrust of the alleged plot seems to be that Zazi and others may have been cooking up a transit bombing somewhere in the United States similar to those in Madrid in 2004 and London in 2005.

2004 Madrid Train Bombing

A few self-critical kumbaya speeches have not and cannot erase the threat from radical forces who hate the United States and want to make things go bang here.

A careful reading of the affidavits filed in support of criminal complaints and arrest warrants reveals that — as usual in such cases — the FBI, the Joint Terrorism Task Force in New York, and without a scintilla of doubt, the U.S. intelligence community know a lot more about Mr. Zazi than has been publicly revealed. The U.S. Department of Justice is spooling out just enough rope to arrest and detain Zazi and his alleged co-conspirators.

The government is, of course, not going to reveal all of its sources and methods, but it is pretty clear that we have come a long way from September 11, 2001.  Our counter-terrorism investigators are reading the labels on some of the bad guys’ underwear. [See details of later government filings in posts here and here.]

Zazi’s pitiful attempt to lie his way out of his possession of handwritten notes about bomb-making — in the context of a mother lode of backpacks and a scale useful for mixing bang-bang chemicals –are central to the false statement charge.  In brief, Zazi claimed in interviews with the FBI that he unintentionally downloaded the instructions from a “religious book” [must be an interesting religion, what?] and immediately erased the book when he saw that it discussed jihad.  But various means of intelligence revealed that he actually emailed the damning instructions to himself.

Oops.

London Transit Bombing 2005

What follows is an excerpt from the FBI affidavit filed in Colorado.  Keep in mind that Zazi is, of course, entitled to his presumption of innocence at law, and that the evidence the government refers to in this affidavit is certainly not all of the evidence in its possession.  Moreover, this is no doubt a holding action as the investigation continues. [The complete affidavits can be downloaded from the U.S. Department of Justice website here.]

EXCERPTS FROM AFFIDAVIT OF FBI AGENT IN SUPPORT OF CRIMINAL COMPLAINT AND ARREST WARRANT IN UNITED STATES V. NAJIBULLAH ZAZI

United States District Court for the District of Colorado, September 19, 2009

15. On or about September 11, 2009, FBI agents conducted a legally-authorized search of the defendant ZAZI’s rental car, which was parked near the Queens residence. During the search of the car, a laptop computer was found containing a jpeg image of nine-pages of handwritten notes (the “handwritten notes”). The handwritten notes contain formulations and instructions regarding the manufacture and handling of initiating explosives, main explosives charges, explosives detonators and components of a fuzing system.

16. Rental records reflect that the defendant ZAZI was supposed to return his rental car in New York on September 14, 2009. However, on September 12, 2009, the defendant ZAZI flew from La Guardia Airport in Queens, New York to Denver, Colorado.

17. On or about September 14, 2009, FBI agents executed a court-authorized search warrant on the Queens residence. Among other items, the FBI seized a black scale containing several double A batteries. Fingerprint testing revealed that the defendant ZAZI’s fingerprints were found on both the scale and the batteries.

ZAZI’s FALSE STATEMENTS

18. On or about September 16, 2009, the defendant ZAZI was interviewed by members of the JTTF at the FBI [sic] in Denver, Colorado. The defendant ZAZI had voluntarily appeared at the offices of the FBI and agreed to answer questions. During this interview, the defendant ZAZI was questioned about, among several other topics, the handwritten notes found on his computer. During the interview, the defendant was show the handwritten notes. The defendant stated that he had never seen the document before. He further stated that if the handwritten notes was [sic] found on his computer, he must have unintentionally downloaded it as part of a religious book he had downloaded in August 2009. He stated that he had immediately deleted the religious book within days of downloading it after realizing that its contents discussed jihad. He stated that he had not handwritten the notes.

19. During the same interview, the defendant was asked about his email accounts, and listed three accounts, including an account known to law enforcement (“Account A”). The investigation has determined that the password for Account A is a nine-digit number.  The investigation has revealed the existence of two email accounts known to law enforcement (“Account B” and “Account C”). A search of Account B registered to a “Kado Khan,” reveals that another email account known to law enforcement (“the originating account”) sent a message to Account B with the handwritten notes included as an attachment on or about December 2, 2008. The password for the email account is the same nine-digit password at [sic, probably "as"] the password for Account A. A search of the Account C, registered to a “kado gul” in Peshawar, Pakistan, reveals the originating account also sent an email with the handwritten notes as an attachment to Account C on or about December 3, 2008. Account C can be opened with a six-digit password that has the same first six digits of the passwords for Accounts A and B. Based on the similarity of addresses and identity of passwords, I believe that the defendant controlled Account A as well as Accounts B and C, both of which received the handwritten notes by email on early December 2008.

20. The document was analyzed by a handwriting expert from the FBI who said that, although a final conclusion could not be made until the expert examines the original document, the expert was able to assert that there were characteristics common to both the document found on the defendant ZAZI’s computer and the defendant’s handwriting exemplars. An FBI agent without training as a handwriting expert, who was able to compare the handwriting notes with the original handwriting exemplars stated that it appeared to be consistent with the handwriting as it appeared in the document.

Pentagon, September 11, 2001 -- Never Forget, Never Forgive

“SNITCH” MANAGEMENT — LOOKING AT INFORMANTS THROUGH THE LOOKING GLASS, PART ONE

Confidential informants are like the black hole of the criminal justice system.

Ellen Yashefsky, Benjamin Cardozo Law School, quoted in Aubrey Fox, “Delving the Murky World of Police Informants,” Gotham Gazette, February 20, 2008.

It is rarely possible to guess accurately from what corner the informer will emerge.  For this reason, a delicate relationship, little understood by the public, exists between law enforcement officials and individual members of the underworld.  These men we hunt down are always possible allies who may come over to our side for some consideration of sentence, for some promise to protect their wife or family.  My attitude has been to use any means available to cut narcotic violations to a minimum, and where criminals or addicts will cooperate with us to that end I will deal with them…Whether he comes voluntarily or because he is shown that it is his best way out, whether it is a one-time deal or a source of inside information that may continue for months, the informer provides the solution for ninety-five percent not only of narcotic offenses but of all types of crime.

Harry J. Anslinger and Will Orsler, The Murderers (New York: Avon Books, 1961), pp. 121-122.

Informants are more than mere witnesses to crime and are less than law enforcement officers.

John Madinger, Confidential Informant: Law Enforcement’s Most Valuable Tool (Washington, DC: CRC Press, 2000), p. 12.

“No informant, no case.”

That aphorism has become almost universally accepted among investigators of racketeering and drug crimes.  But some doubt it.

Harry J. Anslinger believed in the value of informants, as the quote above demonstrates.

Harry J. Anslinger

Anslinger — the other J. Edgar Hoover — was the first Commissioner of the U.S. Federal Bureau of Narcotics.  Although the rap is variously pinned on Richard Nixon or Ronald Reagan, Anslinger was the original architect of the American war on drugs.  Some of his prose on the evils of marijuana is … entertaining … to say the least.  (“Google” him if you are interested.  This is a more or less family-friendly blog.)

Every street cop, federal agent, and prosecutor battling the toxic corrosion of the illegal drug trade–and its local retailers, street gangs–also knows the value of the informant.

‘’The big secret of detective work is that you’ve got to get somebody else to tell you what happened,’’ NYPD Lt. John Cornicello told The New York Times in 2006.

However, some federal investigators suggest that the brutal discipline, cellular structure, and tightly held core of Mexican drug trafficking organizations has diminished the value of “flipping” lower level criminals and — through them — working the investigation up to the bosses.  These people suggest that the interception of communications — wiretaps and other techniques — has become more important in the law enforcement tool box of “sophisticated techniques of investigation.”

Here is the central problem of informants against the Mexican DTOS, according to this view:  Lower level members of the Mexican drug trafficking organizations in the United States (i.e., your quiet Latino neighbor in Cleveland, Atlanta, or Conshohocken, whose well-trimmed lawn and unexceptional home is a stash house, packed with dope for redistribution to local gangs and thence up the nose of America’s addicts) typically clam up tightly when busted.  After all, they have family members who can be easily whacked or tortured back in Mexico.  Moreover, they generally are isolated in specialized cells, and know little to nothing about the rest of the organization.  Flipping them is difficult and usually yields little useful information, some seasoned agents say.

Be that as it may, court records and news reports teach that the use of informants is still central to the investigation of many criminal enterprises, including transnational gangs.  And although communications intercepts may be the key to making cases against the Mexican DTOS, informants here and in Mexico are still important.

Fairly Civil will wander through this world of informants over a series of posts, beginning with this one.  These posts will examine the value of informants in actual criminal cases, and some of the issues that critics consistently raise.

The Long History of Informants

Modern civil libertarians and the criminal defense bar tend to criticize the use of informants as an insidious and relatively new creature of the war on drugs.

In fact, informants have been used since at least Biblical times.  The transactional equation (“you give me information, I give you special treatment”) is the same now as it was then:

The House of Joseph, for their part, advanced against Bethel, and the Lord was with them.  While the House of Joseph were scouting at Bethel … their patrols saw a man leaving the town.  They said to him, “Just show us how to get into the town, and we will treat you kindly.”  He showed them how to get into the town; they put the town to the sword, but they let the man and his relatives go free.

Judges (Shofetim) 1: 22-26, Tanakh (Philadelphia:  The Jewish Publication Society, 1985).

Recent court filings — e.g., a corruption case involving a senior ICE official, federal racketeering (RICO) cases against MS-13 in Los Angeles and San Francisco, and the pursuit of an injunction by police officers in St. Louis — illustrate the vast range of differences in the uses and abuses of snitch management within the American law enforcement system.

Given the utility of informants — and the fair assumption that most law enforcement officers and prosecutors want to use informants to fight crime and put criminals in jail — the use of informants raises three classes of interesting issues:

• Keeping informants alive.
• Managing informants and their information to ensure that they are reliably transmitting valid information and not wrongfully implicating innocent persons.
• Law enforcement policy management issues about the impact of informants on the administration of justice, particularly in communities where they are heavily used.

This post will focus on the problem of keeping informants alive.

Keeping Informants Alive

If you decide to embark on a life of crime, there’s one very important thing that you should know, and that thing is everyone is a potential informant against you — your wife, your mother, your brother, your lawyer, anyone you’ve ever worked for or worked with and anyone who has ever worked for you.

Chris Mather, Crime School: Money Laundering (Buffalo, NY: Firefly Books, 2004), p. 101.

Gangsters know the value of the informant — an endangered species also known in the underworld as the “rat,” the “stool pigeon,” and the “snitch,” among other epithets.   The thought that one’s homey or carnal may be cooperating with law enforcement is a tiny live wire wound through the brains of the “shot callers” and “big homeys” of every  Latino gang.  That little wire carries a buzzing current of paranoia and suspicion.  “One may smile, and smile, and be a villain,” Prince Hamlet observed upon learning of his own mother’s duplicity.

Not infrequently, paranoia overcomes reality.  Gangsters innocent of cooperation have nevertheless suffered the misfortune of being whacked without proof, much less probable cause.  Call it intuition gone awry.

Some who suffer unjust accusation from their fellow gangsters are driven into the  arms of law enforcement.  [I write about several such cases in No Boundaries:  Transnational Latino Gangs and American Law Enforcement (University of Michigan Press 2009).]

To give the devil his due, however, it is also true that gang leaders often seek what they call “paperwork” — some kind of official evidence — corroborating that a suspected homey has in fact “flipped” before giving a “green light” to have him (or her, as in the case, e.g., of notorious MS-13 informant Brenda Paz) murdered.

“They usually try and get paperwork on people that they say that they’re snitching or they said something to incriminate somebody,” a member of the Columbia Lil’ Cycos clique of the 18th Street gang explained in testimony during a federal racketeering trial described in No Boundaries. “And once they get the paperwork, they place a green light on the person.”

One of the better places to find such evidence is in the files of the “discovery” material that our system of justice requires be given to persons accused of crime.  Gangsters and their lawyers comb through this material in search of the identity of informants.

“The homeboys know the legal system better than most lawyers,” FBI Special Agent Carl Sandford told we when I was researching No Boundaries. “They use the rules of discovery and evidence in criminal cases to get ‘paperwork’ concerning who the rats are.”

In fact, the murder conspiracy in which Los Angeles anti-gang activist Alex Sanchez is accused of participating as a secret MS-13 shot-caller revolves about the accusation of one gangster — Walter Lacinos –  that another was a rat.  Lacinos provided “paperwork” to document his accusation.  But, according to transcripts of a government wiretap in the case, MS-13 shot-callers submitted the paperwork [apparently some kind of court document] to the Mexican Mafia for the gangster version of forensic analysis.  The decision came down that Lacinos’s “paperwork”  was fake (it included at least one forged page).  This led to considerable intra-gang ill will and Lacinos was eventually whacked in El Salvador.

A Working Example:  United States v. Cerna

A current example of how this cat and mouse game of sussing out informants might work is provided in the ongoing RICO case brought against a number of MS-13 gangsters in San Francisco, United States v. Cerna.

The trial court recently ruled on a number of pre-trial motions.  The following excerpt describes one of the defendant’s attempts to find out the names of certain informants:

[One of the defendants] argues that defendants have a need for disclosure because the informants were participants in ‘critical events’ at issue in this case.  He lists several ways in which the informants are referenced in discovery or the indictment. Informants 1211 and 1218 provided law enforcement with information about MS-13’s operations, leaders and members. Informants 1211 and 1218 attended MS-13 meetings with defendants which support the RICO conspiracy counts against them. Informant 1211 told the authorities about meetings with [certain] defendants … where various crimes were discussed. Informant 1218 attended meetings with [certain] defendants … [and] also discussed the buying and selling of narcotics with [another] defendant and provided authorities with information about a violent crime allegedly committed by [other] defendants…[etc., etc.]

“Omnibus Order Re Stage Two Motions,” United States v. Cerna, U.S. District Court for the Northern District of California, Docket No. CR 08-0730 WHA, filed September 16, 2009.

The court ruled that the defendant had shown enough to require the government to come into a closed conference in the court’s chamber [in camera] — without the defendants or their lawyers — as described in this part of the ruling:

An in camera hearing is therefore justified. The hearing will be held ex parte, with only judicial staff, prosecutors and witnesses present, in order to protect the identity of the informants. A defendant for whom the threshold showing has been made as to a particular informant … may submit written questions regarding that informant to the Court and opposing counsel three days before the hearing.

The Court orders an in camera evidentiary hearing to determine whether to allow disclosure of the confidential informants’ identities. The government is ORDERED to produce at the hearing one or more witnesses with knowledge of the relevant informant’s identity and role in the investigations of this action.

This all sounds tidy, secure, and appropriately solicitous of the informants’ well-being.

Gangsters and cartels have their own ways of doing things, however.  For example, corrupting law enforcement officials who can provide them with the names of informants by accessing law enforcement databases.

The Case of Richard Padilla Cramer

Allegedly Corrupt Law Enforcement Officer -- Not A Mexican, But a Senior U.S. DEA Agent

The affidavit in support of a criminal complaint in the case of United States v. Cramer alleges that a recently retired senior ICE agent stationed in Guadalajara, Mexico was selling lists of informants to Mexican drug traffickers while he was an ICE agent.  It is charged that Cramer also became a major investor in several large shipments of cocaine.  In fact, he was supposedly urged by his DTO pals to retire so as to become an investor in dope.

According to court documents, erstwhile-Agent Cramer was exposed when a  DTO operative ["CS--2"] “flipped”:

After being arrested, CS-2 provided the law enforcement officers with copies of printouts of the results of database run in several law enforcement databases, including four DEA database queries, two criminal history queries, one ICE database query, and two State of California law enforcement database queries … CS-2 also stated that these law enforcement inquiries were from a U.S. Federal Agent stationed in Mexico named “Richard.”  CS-2 also stated that the DTO utilizes Richard to make inquiries into members of the DTO to confirm that they (the members of the DTO) are not working as informants for various law enforcement agencies.  Richard was later identified through this investigation as Richard Padilla CRAMER, a former ICE agent stationed in Mexico until his retirement in or about December 2006 or January 2007 … It was later learned that CRAMER utilized his law enforcement position to persuade DEA agents to run DEA database queries under the guise of an active drug investigation.  Further investigation with DEA agents who were stationed in Mexico revealed that CRAMER was stationed in Guadalajara, Mexico and was known to ask to have database checks run on various subjects … CRAMER was responsible for advising the DTO how U.S. Law Enforcement works with warrants and record checks as well as how DEA conducts investigations to include “flipping subjects” and making records checks.

Affidavit in support of Criminal Complaint in United States v. Cramer, U.S. District Court for the Southern District of Florida, Docket No: 09-3178-White, filed August 28, 2009.

This would be a shocking case if it were not for the fact that it is only the latest in a string of cases in which square-jawed minions of law and order on “our side” of the border have been shown to be just as rotten as all those contemptible “corrupt officials” on the other side.

It reminds one of the lyrics of the old cowboy music song by Jim Ed Brown: “I was looking back to see if you were looking back to see if I was looking back to see if you were looking back at me.”

The difference, of course, is that an outed informant is a dead man walking.  And not for long.

THE MEXICAN MAFIA — NATIONAL AND TRANSNATIONAL POWER, PART THREE

Dennis Gonzalez in Alhambra (CA) Police Department Wanted Poster, January 27, 2003

The story of Dennis Gonzalez, the Mexican Mafia’s man (“associate,” ” camarada,” whatever) in Oklahoma City — like so many gangster tales — could begin in a lot of times and places.

Let’s start with what is perhaps the most breach-honored tradition of Latino gangs –  never rat out your homies:

Oklahoma City gang member Jason “Joker” Lujan agreed to cooperate with authorities after his arrest in 2003, volunteering that several members of a Hispanic gang from California, later identified as the Compton Varrio Tortilla Flats, including “Boxer,” “Lalo,” and Mr. Lujan’s sister-in-law, Jennifer Lujan, had moved to Oklahoma City to deal large quantities of methamphetamine. Specifically, Mr. Lujan explained that Boxer, later identified as Dennis Emerson Gonzalez, had already left Oklahoma City but still ran the operation; Lalo, later identified as Eduardo Verduzco, delivered drugs to Oklahoma City at Mr. Gonzalez’s direction; Ms. Lujan distributed the drugs in Oklahoma City; and Mr. Gonzalez’s girlfriend, “Mousey,” stored the drugs in her apartment.

United States v. Castro, (10^th Cir. Court of Appeals) May 30, 2007, 225 Fed. Appx. 755; 2007 U.S. App. LEXIS 12543.

Oops.  I guess Jason “Joker” Lujan did not get the omerta memo.  You know.  The one about never talking to law enforcement, death before dishonor, etc.

Joker Lujan wasn’t the only homey throwing his fellow gangsters under the prison bus.

At about the same time, a Compton Varrio Tortilla Flats member was also talking to now-retired Los Angeles County Sheriff’s Department Sergeant Richard Valdemar about the connection between Compton and Oklahoma City — including the long-distance control by the Mexican Mafia of a major part of the drug trade in Oklahoma City.

Valdemar’s notes of the conversation run to four single-spaced pages.  Among other things, the informant — whose anonymity will be protected here — “said that he would be willing to cooperate with a federal investigation to bring down Dennis Gonzalez and his Mexican Mafia connections…”

But…wait.  Mexican Mafia?  In Oklahoma?  As the following — admittedly crude — graphic illustrates, Oklahoma City (“where the wind comes sweeping down the plain”) is not in Southern California.

Oklahoma City is 1,181 Miles From Compton, CA

Nothing is so interesting about this sordid little drug-trafficking operation as the fact that it illustrates the powerful reach of EME half-way across the country, by means of its control over a Sureno gang, and that gang’s “muscling in” on what was a purely local Latino street gang, the “South Side Locos.”   Another federal appellate case provides a bit more detail:

Mr. Lujan told the police that, beginning in early 2002, several members of a Hispanic gang from California, later identified as the Compton Varrio Tortilla Flats, moved to Oklahoma City to set up a methamphetamine-dealing operation. Mr. Lujan explained to the police that the members of the group included “Boxer,” one of his confederates later identified as Mr. Gonzalez, who ran the operation from Florida; “Lalo,” later identified as Eduardo Verduzco, who delivered the drugs to Oklahoma City at Mr. Gonzalez’s direction; and Jennifer Lujan, his sister-in-law, who distributed the methamphetamine.

United States v. Dennis Emerson Gonzalez, (10^th Cir.), 238 Fed. Appx. 350; 2007 U.S. App. LEXIS 15102, June 25, 2007.

Compton Varrio Tortilla Flats Member Gonzalez Managed the Oklahoma City Drug Trafficking Operation, Allegedly as the Mexican Mafia's Associate

An indictment in the case — in which most of the participants pleaded guilty, although Gonzalez and Castro went to trial and were convicted — described Gonzalez’s central managerial role:

During the period of the conspiracy … Gonzalez… exercised an organizing and leadership role in the drug trafficking enterprise by among other things, recruiting distributors, demanding a share of the profits in sales, controlling distributors, identifying persons to whom distributors should wire transfer money and directing the wire transfer of the money.  The drug trafficking enterprise involved at least twenty individuals, in the coordinated smuggling of controlled substances from California to Oklahoma and the transfer of drug proceeds in at least 195 separate transactions.

Superseding Indictment, United States v. Dennis Emerson Gonzalez (U.S. District Court for the Western District of Oklahoma), Docket No. CR-04-179-R, October 20, 2004.

According to Valdemar’s informant, Gonzalez was acting as the Mexican Mafia’s representative, a function and organization described in the two earlier post in this series (here and here).  There was the requisite whacking to bring recalcitrant locals into line.  (Not that the South Side Locos are any angels.  Two of them went to prison in 2006 for killing a 9-year old with stray bullets from a shooting.)

The question all of this raises is two fold: where else in “middle America” has the “California prison gang” EME taken control of local street gang operations, and what is the trend?

Valdemar is still very much active in the anti-gang world.  He believes that the Mexican Mafia is very deliberately extending its reach and expanding its control throughout much of the United States.  In other words, consolidating and integrating.  It makes sense that EME could do that if it chose to, if you consider the number of Latino gangsters who roll in and out of prisons and jails at all levels, the dispersion of EME members throughout the federal prison system, and their presence in many state facilities.

The same bloody mechanism of control that worked in California can as well apply in any prison in which the Mexican Mafia has a beachhead:  sooner or later a gang’s members are going to end up in a prison where they can be “green-lighted” for murder if the gang does not defer to EME on the streets.

What worries Valdemar is his belief that these tentacles out of California are invisible to many in law enforcement at all levels.

So, You Want to "Legalize Recreational Drugs?" Which One of YOUR Children Do You Wish This On? (Poster From OK Bureau of Narcotics and Dangerous Drugs Control Website)

LOS ZETAS COULD BE PLANNING TO MURDER MULTIPLE U.S. LAW ENFORCEMENT OFFICERS, DHS WARNS

According to a Department of Homeland Security intelligence bulletin, the Mexican narco group Los Zetas may be planning to kill U.S. law enforcement officers in some numbers.

An open question is when and if Mexican drug traffickers will decide to go after U.S. law enforcement personnel — within the United States — in an organized way.  Conventional wisdom is that Mexicans have restrained any attacks because they do not want to spark more intensive U.S. investigations and pressure.  (At least one knowledgeable law enforcement source in the Southwest believes law enforcement has already been targeted.)

If there is one constant in the world of cartels and gangs it is change.

People, structures, operational methods, routes, the criminals’ risk assessments, and value judgments are all different now than they were even five years ago.  The following bulletin to law enforcement warns of an obviously serious — although uncorroborated — threat from Los Zetas to murder U.S. law enforcement personnel from a variety of agencies.

Briefly put, Los Zetas are rogue Mexican special forces soldiers who were first hired as muscle and then transformed into a cartel-like drug trafficking organization.  According to a DEA official quoted by CNN in a piece about Los Zetas, the group are responsible for a great part of the public violence in Mexico:

“The Zetas have obviously assumed the role of being the No. 1 organization responsible for the majority of the homicides, the narcotic-related homicides, the beheadings, the kidnappings, the extortions that take place in Mexico,” said Ralph Reyes, the U.S. Drug Enforcement Agency’s chief for Mexico and Central America.

The following bulletin is genuine.  The open question is whether the original source report was accurate:

Department of Homeland Security

Yuma Sector Border Intelligence Center

Officer Safety Alert

August 28, 2009

OSA-09-072

August 28, 2009

Yuma Sector Border Intelligence Center received information regarding synchronized attacks on law enforcement officers.

This information is uncorroborated; intelligence gathering is presently being conducted to verify the validity of this information.

Information received indicates that Los Zetas are planning a synchronized attack on law enforcement officers in the United States. Los Zetas have been planning to retaliate against American law enforcement personnel for several years. Los Zetas plan to kill American law enforcement officers by using potassium chloride.

Los Zetas have been targeting specific American law enforcement personnel on the Arizona, New Mexico and Texas borders who they want to kill simultaneously by injecting those individuals with potassium chloride: the third drug used in death penalty lethal injections. The Source learned that a high-ranking Cartel family member (Cartel was not identified) was convicted and sentenced to death by lethal injection in a Texas Court. Therefore, to retaliate for that death, Los Zetas have decided to do the same to American law enforcement officers.

The exact number of law enforcement officers targeted for the mass attack or who those law enforcement officers are, is unknown. Los Zetas have not provided an exact date for the murders to be conducted but the information received indicates it will be carried out soon.

According to the information received, Los Zetas have been identifying personnel from the DEA, U.S. Border Patrol, ICE and other federal, state and local agencies. They have been taking photographs, conducting surveillance, and studying specific targets on the Southwestern United States border.

All personnel and their families should be vigilant of their homes as well as remain cognizant of their surroundings at all times. It is recommended to change the times and routes of travel coming and going to and from your residence and place of employment. Agents should be alert for suspicious activity and if possible obtain license plate numbers and descriptions of suspicious persons or suspicious vehicles.

It would, of course, be foolish to ignore such a warning.  As noted above, some law enforcement officials already see increased engagement north of the border.  A reported instruction by the Sinaloa cartel’s Joaquin “Chapo” Guzman to fight back with force against U.S. law enforcement set off a flurry of such reporting, exemplified by these quotes from an article in the Los Angeles Times, “Sinaloa cartel may resort to deadly force in U.S.,” by reporter Josh Meyer (May 6, 2009):

The reputed head of Mexico’s Sinaloa drug cartel is threatening a more aggressive stance against competitors and law enforcement north of the border, instructing associates to use deadly force, if needed, to protect increasingly contested trafficking operations, authorities said.

Such a move by Joaquin “El Chapo” Guzman, Mexico’s most-wanted fugitive, would mark a turn from the cartel’s previous position of largely avoiding violent confrontations in the U.S. — either with law enforcement officers or rival traffickers.
…
But near the Mexico-Arizona border, Robert W. Gilbert, chief patrol agent for the U.S. Customs and Border Protection’s Tucson sector, said confrontations between law enforcement and suspected traffickers — and among traffickers themselves — had grown more violent.

On the other hand, the lack of a named cartel death penalty “victim” undermines the supposed rationale for the supposed plan.  A quick search of Mexicans executed in the United States in recent years did not reveal a likely candidate.  It is possible that the original informant has conflated the Guzman story.

The alleged operational plan also seems odd, as it would require the perpetrators to kidnap their targets or get close enough to overwhelm them and do the injection.  Armed attacks would seem on the face of it to be simpler and cleaner.  On the other hand, the perversity of the narco mentality is difficult to overstate.

THE MEXICAN MAFIA — NATIONAL AND TRANSNATIONAL POWER, PART TWO

Cartels and Drug Routes Depicted in 2008 by Stratfor, Private Intelligence Service

This three part series posting excerpts from federal court cases on the Mexican Mafia (“Eme” or “La Eme”) continues with a look at the powerful prison gang’s trans-border connections.  (The first posting, here, provided an overview of Eme’s organization and its operations).

U.S. government reports about drugs and gangs often discuss the links among U.S. prison and street gangs, drug trafficking, and the Mexican drug trafficking organizations (DTOs), or cartels.

But these reports are more often than not maddening in their generality.  They lack what some call fine detail or “granularity.”  Empty calories come to mind.

A recent federal RICO case brought against members of the Mexican Mafia in San Diego provides some interesting detail to fill in some of the blanks, at least in one major racketeering case.

First, the generalities.

The Mexican Side — The Drug Trafficking Organizations

Probably every sentient being in the United States gets it by now that the Mexican DTOs are the wholesale source of most illicit drugs trafficked in the United States.  To set the stage, however, here is an excerpt describing the nature and role of the DTOs from the National Drug Threat Assessment 2009, published by National Drug Intelligence Center (December 2008).  The excerpt touches on the relationships between U.S. gangs and the DTOs, but only in the most general way:

Mexican DTOs are the greatest drug trafficking threat to the United States; they control most of the U.S. drug market and have established varied transportation routes, advanced communications capabilities, and strong affiliations with gangs in the United States. Mexican DTOs control a greater portion of drug production, transportation, and distribution than any other criminal group or DTO. Their extensive drug trafficking activities in the United States generate billions of dollars in illicit proceeds annually. Law enforcement reporting indicates that Mexican DTOs maintain drug distribution networks or supply drugs to distributors in at least 230 U.S. cities. Mexican drug traffickers transport multiton quantities of drugs from Mexico into the United States annually using overland, maritime, and air conveyances. The use of varied conveyances enables Mexican drug traffickers to consistently deliver illicit drugs from Mexico to warehouse locations in the United States for subsequent distribution.

Mexico- and U.S.-based Mexican drug traffickers employ advanced communication technology and techniques to coordinate their illicit drug trafficking activities. Law enforcement reporting indicates that several Mexican DTOs maintain cross-border communication centers in Mexico near the U.S.-Mexico border to facilitate coordinated cross-border smuggling operations. These centers are staffed by DTO members who use an array of communication methods, such as Voice over Internet Protocol, satellite technology (broadband satellite instant messaging), encrypted messaging, cell phone technology, two-way radios, scanner devices, and text messaging, to communicate with members. In some cases DTO members use high-frequency radios with encryption and rolling codes to communicate during cross-border operations.

Mexican DTOs continue to strengthen their relationships with U.S-based street gangs, prison gangs, and OMGs for the purpose of expanding their influence over domestic drug distribution. Although gangs do not appear to be part of any formal Mexican DTO structure, several Mexican DTOs use U.S.-based gangs to smuggle and distribute drugs, collect drug proceeds, and act as enforcers. Mexican DTOs’ use of gang members for these illegal activities insulates DTO cell members from law enforcement detection. Members of most Mexican Cartels–Sinaloa, Gulf, Juárez, and Tijuana –maintain working relationships with many street gangs and OMGs.

The U.S. Side — The Prison and Street Gangs

The National Gang Threat Assessment 2009 (National Gang Intelligence Center, January 2009) discusses — again in a general way with a few lame “examples” — the interfaces of U.S.-side gangs with the Mexican DTOs and other criminal organizations:

Gang Relationships With DTOs and Other Criminal Organizations

Some larger gangs have developed regular working relationships with DTOs and other criminal organizations in Mexico, Central America, and Canada to develop sources of supply for wholesale quantities of illicit drugs and to facilitate other criminal activities. According to law enforcement information, gang members provide Mexican DTOs with support, such as smuggling, transportation, and security. Specific examples include:

Some prison gangs are capable of directly controlling or infuencing the smuggling of multihundred kilograms of cocaine and methamphetamine weekly into the United States.

…

Cross-Border Gang Activity

U.S.-based gang members are increasingly involved in cross-border criminal activities, particularly in areas of Texas and California along the U.S.-Mexico border. Much of this activity involves the trafficking of drugs and illegal aliens from Mexico into the United States and considerably adds to gang revenues. Further, gangs are increasingly smuggling weapons from the United States into Mexico as payment for drugs or to sell for a significant profit. Examples of such cross border activities include:

Street and prison gang members have established networks that work closely with Mexican DTOs in trafficking cocaine and marijuana from Mexico into the United States for distribution.

Some Mexican DTOs contract with gangs in the Southwest Region to smuggle weapons from the United States to Mexico, according to open source information.

A Case In Point

This is where specific facts alleged in an actual case help fill in the picture.

The following excerpt from an affidavit filed in support of a criminal complaint in the pending case of United States V. Mauricio Mendez (U.S. District Court for the Southern District of California, Docket No. 3:09-mj-00473-RBB, filed Feb. 13, 2009) alleges in some detail how the drug trade is actually working on the ground between at least this Mexican Mafia crew and a Mexican DTO:

Beginning in early 2008, a drug trafficking group associated with the Arellano-Felix drug trafficking organization began to interact with, and pay “taxes” to, the Mexican Mafia.  The Arellano-Felix group paid its “taxes” to the Mexican Mafia primarily by providing representatives of the Mexican Mafia with drugs.

In early September 2008, agents recorded a meeting between the leader of the Arellano-Felix group and defendants [Mauricio] Mendez and [Ruben] Gonzalez.  The purpose of the meeting was to discuss the Arellano-Felix group’s aiding another Mexican drug trafficking group associated with the Mexican Mafia.  One of the leaders of the other drug trafficking group was defendant Jorge Lerma-Duenas.  Lerma-Duenas’ group claimed to have a means of smuggling bulk shipments of marijuana and other drugs through the international ports of entry by using commercial trucking from Mexico.  However, Lerma-Duenas’ group claimed that a switch in the drivers of the commercial trucks had interfered with their smuggling scheme.  Mendez stated that he and other gang members intended to travel to Mexico in order to disable the uncooperative driver so that the other, co-opted driver could retake the route — it was Mendez’s stated intent to break both of the uncooperative driver’s legs.  Mendez sought the Arellano-Felix group’s aid in providing additional security for Mendez for the trip to Mexico.  The leader of the Arellano-Felix group agreed to provide security for Mendez but also sought to form a larger relationship with Lerma-Duenas’ drug trafficking group in order to use Lerma-Duenas’ trucking route to smuggle marijuana for the Arellano-Felix group.  Over the next weeks, agents recorded more meetings in which these topics were discussed between the leader of the Arellano-Felix group, Mendez and Lerma-Duenas.  Mendez also brought members of his crew to these meetings…

Cross-border relations apparently are not limited to the business of drugs.  The affidavit also describes a 2008 kidnapping and attempted murder in San Diego that was commissioned from Mexico:

The next series of events arises out of the armed kidnapping and subsequent attempted murder of a male victim by defendant Mendez’s crew.  In a recorded meeting, Mendez admitted that the kidnapping was committed on behalf of individuals in Mexico.  The kidnapping was foiled when the victim succeeded in fleeing his kidnappers.  At the time, one of the kidnappers…attempted to shoot the victim but missed.  Officers recovered a .40 caliber shell casing at the scene of the shooting.

The affidavit and a subsequent indictment detail many other violent criminal acts committed by this Eme crew.  But these paragraphs speak directly to the relationship of at least this crew and the Mexican side of the violent drug trade.

THE MEXICAN MAFIA — NATIONAL AND TRANSNATIONAL POWER, PART ONE

Aztec Number 13

Rene Enriquez warns that La Eme is “spreading like an incurable cancer.”  While incarcerated at the U.S. Penitentiary in Marion [Illinois], La Eme’s Ralph “Perico” Rocha in 2001 wrote to Rene Enriquez at Pelican Bay [California] — using code words — that he was “trying to get involved in the NAFTA to expand negocios [business] overseas y [and] borders…the family [Eme] is looking to open a few more restaurants [legitimate businesses] in Colorado, Texas, Chicago, etc.”

Chris Blatchford, The Black Hand:  The Bloody Rise and Redemption of “Boxer” Enriquez, A Mexican Mob Killer (New York:  William Morrow, 2008), p. 297.

So, just how scary is the Mexican Mafia?

Bloody scary.

With a core of only about 200 “made” members — but remorseless command over tens of thousands of Latino street gangster “soldiers” through a network of “associates” and “facilitators” –  the Mexican Mafia (“Eme” or “La Eme,” for “M,” the 13th letter of the alphabet) is no longer the “California prison gang” many think.  It has gone federal, national, and transnational.

One good place to start studying this phenomenon is Chris Blatchford’s compelling biography of Rene “Boxer” Enriquez, a surrealistically bloody former killer for the Mexican Mafia prison.   The book at once attracts and repels.

It attracts not only because its bona fides are well attested by people who know — experts Bruce Riordan and Al Valdez endorsed the book, for example and retired LASD Sgt. Richard “Super Val” Valdemar personally recommended it to me — but because it has what literate critics used to call “verisimilitude” ( a word from the Latin that is as out of fashion as that excellent language’s study in today’s world of tweeting and texting teeny tiny thoughts).  There is nothing forced or sparse about the impasto of blood, gore, and paranoid treachery lathered onto Blatchford’s canvas.

Rene “Boxer” Enriquez in His Gangster Days: Black Hand Tattoo Symbolizes Mexican Mafia, “Arta” Was His Local Gang

Yet the very density of The Black Hand’s crimson carnage casts a sort of claustrophobia over the reader.  The matter-of-fact recitation of so many bloody murders and assaults brings to mind the lyric from Jimi Hendrix’s All Along the Watchtower:  “There must be some kind of way out here, said the joker to the thief.”  For the reader, the way out is to close the book for a while and breathe free air.  For the carnales of Eme, there is no exit — save for the few, like Enriquez, who in a life-changing moment of redemptive perception decide to drop out and cooperate with law enforcement.  Such an act, of course, flies directly into the face of the powerful prison gang’s (indeed, all Latino street gang’s) most fervently held rules — “blood in, blood out,” and no cooperating ever with law enforcement.  Such drop-outs and cooperators are marked with death for life.

However chaotic the gory and seemingly endless scrum of murders, counter-murders, assaults, and gratuitous whack jobs recounted in The Black Hand may seem, the story of the rise and redemption of Rene Enriquez  directly pinches the very sensitive nerve that worries U.S. federal law enforcement officials.  After having slept through the years of the American Mafia’s consolidation and growth to power in the early 20th Century, the Department of Justice is determined that no Latino “super mafia” be allowed to rise to power in the United States.

Some observers would argue that the race is a close thing.

In this three part series, Fairly Civil will post material about Eme from federal court documents.  The first part, this post, includes a description of the prison gang’s structure and operations.  The second part (here) posts information about Eme’s apparently growing links with Mexican cartels  The final post will feature a case that illustrates Eme’s reach across the United States to cities geographically far removed from California.

EME’s Structure and Operations

There are, of course, other books and treatises about Eme, but the following material from a criminal complaint filed by an FBI agent in the pending case of United States V. Mauricio Mendez in San Diego is a compact and thorough primer. (U.S. District Court for the Southern District of California, Docket No. 3:09-mj-00473-RBB, filed Feb. 13, 2009):

3.  The Mexican Mafia is the largest and most established prison gang in the United States.  The Mexican Mafia was initially formed in the California state penal system and has been in existence for over thirty years.  As of the present date [February 2009], the Mexican Mafia operates both in the California state prison system (as well as in other states) and in the federal Bureau of Prisons.  The Mexican Mafia operates under a hierarchical system with three basic levels – members, associates, and soldiers.  The EME is further governed by a basic set of rules and operating procedures which are enforced through internal discipline, including acts of violence.
4.  The Mexican Mafia conducts and controls illegal activities not only in penal facilities but also on the street.  The Mexican Mafia’s primary illegal activities are drug trafficking, extortion, internal prison discipline, and violent crimes.  Although most Mexican Mafia members are incarcerated, members and their associates control large, violent criminal gangs that operate outside of the federal and state penal systems under the general authority of the Mexican Mafia.  The Mexican Mafia exerts significant control over most Southern California Hispanic street gangs – also known as “Sureño” gangs.
5. Through a variety of means, incarcerated Mexican Mafia members and their associates communicate with their subordinates out of custody, who carry out various criminal activities on behalf of the respective Mexican Mafia member or associate.
6.  A percentage of the profits of these illegal activities outside of the federal and state penal systems is then transferred to the respective Mexican Mafia member or associate, or to other designated individuals, such as family members – these monetary transfers are accomplished in a variety of ways, including the use of money orders.  Money generated from illegal activities (primarily extortion and drug trafficking) taking place inside penal facilities is transferred in the same ways.
…
8.  The highest level of authority in the Mexican Mafia is membership (members may also be known as “Brother” or “Carnal” or “Tío”).  The Mexican Mafia does not have a single individual who runs the entire organization.  Rather, under the rules of the gang, members are considered to have equal authority and power within the organization; there are approximately 200 members of the Mexican Mafia, according to intelligence gathered by state and federal investigators.  New members are elected into the gang through a vote of existing members…
9.  To carry out the illegal activities of the gang, Mexican Mafia members utilize high-level associates (also known within the gang as “camaradas”).  Members invest these high-level associates with authority to oversee Mexican Mafia operations in specific areas, both in penal facilities and on the street.
10.  The delegation of authority to control a specific area on behalf of the Mexican Mafia is known within the gang as giving “the keys” to the individual. Thus, a “key-holder,” (also called a “llavero” or “shot-caller”) is an individual who has been placed in charge of a gang, neighborhood, prison, or prison yard for the purpose of overseeing the Mexican Mafia’s illegal operations.  As an example, an associate can be given “the keys” to run a specific yard in a prison.  These associates are able to order Sureño gang members to carry out illegal activities in the area over which the associates have authority.
11.  The associates are responsible for ensuring that Mexican Mafia operations (including extortion and drug trafficking) run smoothly, that Mexican Mafia rules and authorities are enforced, and that the proceeds of illegal activities are properly distributed.  For example, a “llavero” would be responsible for ensuring that part of the proceeds from the illegal activities in his area of control are sent to the Mexican Mafia member(s) for whom the associate works.
12.  The Mexican Mafia also uses a command system known as the “mesa” – the table.  A “mesa” is a group of “camaradas” and soldiers who are responsible for overseeing different areas under Mexican Mafia control – in essence, a governing council.  For example, in a prison setting, a “mesa” would consist of individuals responsible for overseeing various neighborhoods in a city.
13.  The largest subgroup of the Mexican Mafia are the soldiers – i.e., Sureño gang members.  These soldiers are responsible for carrying out the orders of the Mexican Mafia and for enforcing the authority of the Mexican Mafia, both inside penal facilities and on the street.  As a result, soldiers are tasked with helping collect “taxes” (extortion payments) with drug trafficking activities or with the commission of violence.

MORE EXPLAINING TO DO — IS THROWING A GANG SIGN EVER JUST A JOKE?

Alexander (Alex) Sanchez (AKA "Rebelde"), Left, Throwing Devil's Horns Gang Sign in 1999

The two men in the picture above could be fans of the University of Texas Longhorns.

Like the two men in the picture below — former President George W. Bush and University of Texas strength and conditioning coach Jeff “Mad Dog” Madden –  they could be expressing support for the University of Texas Longhorns football team by flashing the famous “hook ‘em horns” sign.

President George W. Bush and University of Texas Coach Jeff "Mad Dog" Madden Flash "Hook 'Em Horns" Sign

Or not.

The man on the left in the photo at the top of this post, Alexander (“Alex”) Sanchez, also known as “Rebelde” according to the government, is accused in a federal racketeering (RICO) indictment of  being a sort of Dr. Jekyll and Mr. Hyde — saintly “anti-gang activist” by day, foul-mouthed, murder-conspiring boss (shot-caller) of the transnational MS-13 gang by night.  (“Rebelde” means “rebellious” when used as an adjective, and “rebel” when used as a noun.)

Here is how a government pleading in the criminal case sums up this aspect of the charges against Sanchez:

Sanchez is alleged to have been an influential leader, known as a shotcaller, of the Normandie clique of Mara Salvatrucha since the mid-1990s. In that role, which he never abandoned despite working at the anti-gang organization Homies Unidos, he profited from the gang’s narcotics trafficking and regular extortion rackets.

But what about the photo of Sanchez at the Golden Gate Bridge?  The following paragraphs come right after the same government pleading’s discussion of the contents of international wiretaps of Sanchez that were described in the last posting of Fairly Civil:

The government has also recovered photographic evidence of Sanchez’s double life during the execution of search warrants in 2001 and 2003.  For example, FBI agents executing a search warrant at the home of Rebecca Quezada, aka “Laughing Girl,” in February 2001 recovered two photographs of Sanchez that provide further physical evidence of Sanchez’s ongoing participation in MS-13 while working at Homies Unidos. (A copy of the two photographs are attached as Exhibit C).

In the first photograph, which was found on a 2000 calendar that featured a poem by Sanchez, Sanchez is depicted in his public role, standing in front of the Golden Gate Bridge with two other men at an anti-gang conference in San Francisco in 1999.  In the second photograph agents recovered [the one posted above], however, Sanchez is standing in the same spot in front of the Golden Gate Bridge in the same clothing with one of the same men on what is clearly the same occasion.  In the second photo, however, Sanchez and the other man are displaying the hand sign for MS-13.  This hand gesture, which is frequently encountered by law enforcement in photographs of and drawing and graffiti by MS-13 members, is universally recognized as the gang sign for MS-13 and is never made in peace.  This photograph, along with numerous other photographs showing Sanchez at parties with leaders of MS-13, are physical evidence that Sanchez has never renounced his membership in MS-13.

Government’s Response to Defendant Alex Sanchez’s Motion for Pretrial Release, U.S. District Court for the Central District of California, Docket No. CR-09-466-MLR.

This photograph of the “anti-gang worker” throwing the MS-13 gang sign long after his supposed “conversion” suggests that Alex Sanchez has more explaining to do.  Is he is is, is was, or is ain’t? (Or, for another version of the same old song, try this link.)

Here, for example, are MS-13 gang members in Central America “throwing” the infamous gang sign, which is known as the devil’s horns:

MS-13 Gangsters Flash Devil's Horns

Here are some other instances of the MS-13 gang sign being recorded in public.  (“Fool’s names and dog’s faces often appear in public places.”)

MS-13 Gangsters "Throwing" Devil's Horn Gang Sign

MS-13 Graffiti Incorporates Devil's Horn and "Crossing Out" of Number 18, Showing Disrespect for Rival 18th Street gang

It’s interesting to note that Sanchez and the other man (who appears to be identified as “Laughing Boy” in an inscription that accompanies the second photo) are flashing the gang sign right in the heart of Norteno country, the Northern California territory over which the prison gang Nuestra Familia claims sovereignty.  Most Latino street gangs in Northern California acknowledge fealty to Nuestra Familia, describe themselves as generically “Nortenos,” and affect the number “14″ (for “N,” the 14th letter of the alphabet) — or combinations of numbers totaling 14 — in clothing and graffiti.

Southern California gangs like MS-13 are with few exceptions loyal to EME (Spanish for the letter “M”), the Mexican Mafia.  (The 13 in MS-13 signifies the gang’s public expression of fealty to EME, the 13th letter of the alphabet.)

Nuestra Familia and EME have been at war for decades after a failed attempt at union.  Likewise, Sureno gangs loyal to the Mexican Mafia (EME) are at ceaseless war with Nuestra Familia’s Norteno gangs.

Depending on the planet upon which one spends most of one’s time, one might argue that (a) Sanchez and his friend are not throwing a gang sign but are UT fans like George W. Bush,  (b) are just horsing around, mocking the old life, or (c) the FBI created the picture in a laboratory in Area 51.

But “just goofing around” with their hand sign is not something gangsters are likely to tolerate.  FBI analyst Don Lyddane wrote about the following cautionary incident in an edition of the United States Attorneys’ Bulletin devoted to gang prosecutions:

Several years ago, a young lady attended a dance-concert in Milwaukee, Wisconsin. She enjoyed the band so much that she leaped onto the stage to dance with the band. While dancing she gestured in sign language, “I love you,” over and over. She did not realize that her gestures were almost identical to the Latin King hand sign. Several Latin King members who were on the dance floor observed her “I love you” gesture and perceived it as a blatant disrespect to the Latin King and Queen Nation. She surely did not realize that they planned to kill her. Her innocent gestures cost this woman her life. Her murder was subsequently solved as part of a gang conspiracy investigation of the Latin Kings by the FBI Safe Streets Task Force in Milwaukee, Wisconsin.

Donald Lyddane, Intelligence Analyst, Safe Streets and Gang Unit, FBI Headquarters, “Gangs and Gang Mentality: Acquiring Evidence of the Gang Conspiracy,” in United States Attorneys’ Bulletin, May 2006.

HOW COULD THIS BE?

Sanchez’s supporters flatly reject the government’s claim that he has been a secret shot-caller.

Funny, CIA Agent Aldrich Ames Didn't Look Like a Russian Mole

This is to be expected.  Revelations of double lives understandably evoke responses from those who have been gulled along the lines of, “There must be a mistake (or a plot) because this just can’t be true.  I’ve known so-and-so for X-number of years, and I never saw any sign of anything like that.  I know his good works and they show he is a good man — he would never do a bad thing.”

And yet recent history offers numerous examples of persons who led truly shocking double lives, including double agent spies, con men in the financial world, and even other boldly duplicitous “anti-gang workers” in Los Angeles.  They demonstrate that it is indeed possible to fool others, even in cases in which exacting mechanisms to detect precisely such duplicity are in place.

Funny, He Doesn't Look Like a Monster

Ryan Jenkins. If you can stand “reality TV” and pop crime, take the case of “Reality TV Star” Ryan Jenkins, who was suspected of murdering his ex-wife, Jasmine Fiore. After a few days of flight and an international manhunt, Jenkins apparently committed suicide by hanging himself in a motel closet. Unless he was doing a David Carradine, this is not a sign of innocence. Flight in and of itself is generally evidence of a guilty mind.

But these bits from the UK’s Telegraph sum up the understandable resistance of Jenkins’s parents to the awful implications of the totality of facts — i.e., that their son was a murderous monster:

Fiore’s dismembered body was found 20 miles southeast of Los Angeles on August 15. Her teeth had been pulled out and her fingers cut off, apparently to impede her identification. Investigators identified her by the serial numbers on her breast implants.

Jenkins’ mother, who lives in Vancouver, refused to accept he killed Fiore. Nada Jenkins said in a brief telephone interview Monday that she’s sure the evidence will eventually prove his innocence.

“He was good, he’s kind and we need to clear his name,” she said, weeping.

Okay, perhaps citing the credulity of grieving parents is not fair.  How about cold-eyed intelligence professionals who are precisely and regularly warned to be on the alert for double agents?  Can they be fooled?

Funny, She Didn't Look Like a Double Agent

Ana Belen Montes. You may have never heard of Ana Montes, but her career as a double agent for the intelligence service of Fidel Castro’s Cuba was breathtaking.  Montes rose to the top of the ranks of the Pentagon’s Defense Intelligence Agency (DIA).  When she was finally taken down, Montes was within hours of receiving a full briefing on the U.S. war plans for the attack on Afghanistan after the 9/11 disaster.  It’s not hard to figure out where that information would have gone if it had got into the hands of the Cubans.  Fairly Civil highly recommends True Believer (Annapolis:  Naval Institute Press, 2007) a slim volume by Scott W. Carmichael, the DIA counter-intelligence officer whose keen suspicions finally brought Montes down.

What is striking is that Carmichael had to work feverishly against the assumptions of Montes’s peers and superiors alike, not to mention the FBI’s Washington Field Office.  They at first refused to believe that a long-term, outstanding career employee like Ana Montes, with no ties to Cuba (her family was Puerto Rican), could be such a treacherous spy.  Sound familiar?

Here are a few salient quotes from the work:

Ana Montes … operated for sixteen years with impunity, becoming the U.S. government’s top intelligence analyst on Cuba at the same time she was reporting to the Cuban government.  She not only passed on U.S. secrets to Cuba but also helped influence what we thought we knew about Cuba. (p. viii.)

Ana’s supervisors at the DOJ [her previous employer] offered glowing recommendations…One called her an absolutely outstanding employee.  Another said she was one of the best employees their office ever had.  She was described as diligent, conscientious, highly productive, creative, and professional in her behavior and attitude. (p. 55)

There was also the matter of her security clearance.  Only 15 percent of Americans prosecuted for espionage during the modern era held the highest level of security clearance when they began spying.  That level is Top Secret clearance with access to sensitive compartmented information…That meant she had been screened, vetted, investigated, and judged by competent federal authorities to be a responsible U.S. citizen worthy of the government’s trust…[she] routinely accessed a great deal of sensitive compartmented information throughout her normal workday. (p. 41)

I do wish that spies would paint great big glowing, gooey globs on their foreheads for easy identification.  Green ones, perhaps.  It would certainly make my job much easier.  But spies do not do that.  Ana Montes certainly didn’t.  She simply slipped through the fog, never calling attention to herself for a moment.  And so she got away with espionage for a long time.  (p. 155)

Gosheroonie, Kids, FBI Agent David Hanssen Didn't Look Like a Russian Mole

The shock was so great for Montes’s loyal co-workers and friends that special counselors were brought in to help them work through the emotional trauma, the psychological wounds inflicted by her deep betrayal.  “Their initial reaction to the news was predictable and universal:  shock and disbelief.” (p. 131)

Of course, Ana Montes is not the only such spy eventually winkled out of the country’s most secret enterprises.  For informed summaries of more such stories, go to this link.  But the point here is that cold-blooded double agents — whose work costs the lives of truly loyal and faithful men and women — can evade even the most sophisticated screening and vetting.   The loyal followers of Alex Sanchez, to put it bluntly, have only a rudimentary “vetting” process to rely on.

There is another point worth learning from the Ana Montes case.   She was able not only to steal secrets but to influence the views of the U.S. government about Cuba.  If Alex Sanchez was truly a secret shot-caller, from his perch as saintlike “anti-gang worker” he too was able to influence a vast community’s views about Latino gangs, MS-13 in particular, and gangsters.

Okay, Maybe Hector ("Big Weasel") Marroquin (In Black) Did Kinda, Sorta Look Like a Double-Dealing Gangster

Hector Marroquin. Finally, there is the precedent of the case of Hector Marroquin, in outline an analog of the Sanchez case.  “Big Weasel” Marroquin represented himself as a “reformed” 18th Street gangster, successfully milking the city of “gang intervention and prevention funding.”

Here is a summary from The New York Times, a newspaper of record that actually writes from time to time the details of the peculations (as opposed to the adulation) of Los Angeles’s violent Latino gangsters:

The director of an antigang organization here that sought to reduce gun violence and received $1.5 million from the City of Los Angeles pleaded guilty on Thursday to charges that he sold illegal assault weapons to a federal undercover agent.

Agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives arrested the director, Hector Marroquin, in May after video surveillance showed him selling weapons and silencers to an agent and an informant. The weapons included a MAK-90 and a Ewbank, both semiautomatic assault rifles, and a M-11, a smaller assault weapon that is like an Uzi, said Eric Harmon, who prosecuted the case.

“Here is a guy who represented himself to the city as being a former gang member helping others to get out of gangs,” said Gary Hearnsberger, head of the Hardcore Gang Division of the Los Angeles County District Attorney’s Office, “and he is convicted of selling illegal weapons as a side business.”

Mr. Marroquin, 51, pleaded guilty to three counts of possessing and selling assault weapons and was sentenced to eight years in prison. His companion, Sylvia Arellano, 26, was named as an accomplice in the sales and also pleaded guilty. She is to be sentenced on Tuesday to four years in prison.

Rebecca Cathcart, “Director of Antigang Group Sold Illegal Assault Weapons,” The New York Times, January 19, 2008.

This is the cue for an acolyte of Sanchez to exclaim to the Los Angeles Times, “Wait a minute!  I knew Hector Marroquin, and Alex Sanchez is no Hector Marroquin.”

Possibly.

That’s why we have criminal trials.

Here is my very favorite observation on Marroquin, from the authoritative blog “In the Hat,” summing up the effect of “Big Weasel” Marroquin’s post-reformation career (go to the link for more detail about the “Big Weasel”):

Marroquin has basically been shoved down the throats of gang cops by their commanders for years as a person they should work with to quell gang violence and divert young people from the life.

Is any of this sounding familiar?

ALEX SANCHEZ HAS GOT SOME EXPLAINING TO DO

Supporters View Alex Sanchez as a “Peacemaker,” Even Though He has Been Indicted and Accused of Leading a Double Life as Public “Anti-Gang Worker” and Secret MS-13 “Shot-Caller”

“And we have said it, we go to war.”

Alex Sanchez, aka “Rebelde”

Transcript of May 6, 2006 Recorded Conversation, “Government’s Supplemental Submission Re: Intercepted Telephone Conversations of Defendant Alex Sanchez,” Exhibit D, p. 24, filed in United States v. Jose Alfaro, U.S. District Court, Central District, California, Docket No.: CR-09-00466-R.

“When the facts are against you, pound the law.  When the law is against you, pound the facts.  When both the facts and the law are against you, pound the table.”

Trial lawyer maxim.

The United States dealt a Royal Flush from its deck of evidence against Alex Sanchez the other day at a continued federal bail hearing.  The  executive director of the transnational anti-gang group “Homies Unidos” has been charged in a sweeping indictment with racketeering, including conspiracy to murder.

The government’s brief on the bail question makes it clear that prosecutors are doling out only the minimum necessary to keep Sanchez locked up.  There are more aces in the government’s deck.  They will be played before Sanchez’s trial is done.

Latest Wiretap Evidence Leaves Alex Sanchez as a Man With Some Explaining to Do

At a minimum,  the latest hand — four wiretap transcripts and the accompanying explanatory affidavit of LAPD Detective Frank Flores, a nationally recognized expert on MS-13 — has shifted the case heavily against the putative “peacemaker.”

Alex Sanchez is now in the position of a man with some explaining to do.

On its face, the record of these calls shows Sanchez to have been a man very much in charge during  a series of angry, profanity-laced international conversations among MS-13 gangsters.  He repeatedly identified himself as among the gang’s members.  He was also so identified by other gangsters during the calls.  Sanchez acted like a leader, not least because he treated other gang members with flashes of imperial and sometimes physically expressed anger that would likely get anybody but a shot-caller promptly whacked for showing disrespect.

The blow-back from Sanchez’s credulous supporters has been fierce.

An exercise in agitated table-pounding — what advocates do when the facts and the law are against them — is taking shape in a series of thinly-veiled collateral media attacks on key players and components of the law enforcement and judicial system that brought Sanchez and his alleged homies before the federal bar.

The Background

O that once more you knew but what you are!
These fifteen years you have been in a dream,
Or when you waked, so waked as if you slept.

Wm. Shakespeare, The Taming of the Shrew

No one disputes that Alex Sanchez was once a member of MS-13 and is a convicted criminal.  According to the government’s “response” to Sanchez’s motion for pretrial release (bail):

Sanchez has a lengthy criminal history, with convictions that demonstrate his propensity to violence, his capacity for deception, and his disregard for the law.  Defendant has sustained felony convictions for grand theft, witness intimidation, and felon in possession of a firearm; misdemeanor convictions for DUI, vehicle theft, and vandalism; and juvenile convictions for possession of a firearm by a juvenile felon, assault with a deadly weapon with great bodily injury, and petty theft.

Okay, so nobody’s perfect.

And that was then, this is now — according to the Sanchez hagiography.  Supposedly, the admittedly violent gangster turned his back on the past.  After his felonious re-entry into the United States following deportation in 1995, Sanchez won asylum with the backing of  radical activist and aging enfant terrible, Tom Hayden.   He assumed his public role as iconic anti-gang worker and eventually became executive director of Homies Unidos.

That redemption was called called into question when a federal grand jury named Sanchez as one of two dozen defendants in a racketeering (RICO) indictment unsealed on June 24, 2009.  The grand jury charged Sanchez with — among other things — being a secret leader (“shot-caller”) of the Normandie Locos, one of the earliest and most virulent “cliques” of the transnational criminal gang Mara Salvatrucha (MS-13).

In Happier Times, Sanchez Enjoyed A Saintly Aura Comparable to that of Mother Teresa

The shock was palpable.  Sanchez has achieved a rank only a hair short of Mother Teresa’s on the sainthood scale, at least in the universe of Latino gang good works:  intervention, prevention, and rehabilitation.  (See earlier posts here and here for more background on the indictments and the charges against Sanchez.)

Yet, in spite of scores of supporting letters, demonstrations like the one pictured above, and exertions of his counsel, Alex Sanchez remains in the federal lockup.  After reviewing the latest evidence and hearing the arguments of both sides, on August 11th U.S. District Judge Manuel L. Real continued the earlier decision of U.S. Magistrate Judge Alicia G. Rosenberg denying Sanchez bail and set a new hearing for October 19th.

WHY?

Alex Sanchez Arrested: Dear FBI, WTF???!

From the blog WitnessLA, “the online source for daily coverage of social justice news.”

Indeed.  What is going on here?

Supporters’ Charge:  A Conspiracy So Vast

“Today we experienced disappointment,” said Homies Unidos board member Monica Novoa, stepping up to the microphone with a quivering voice after Judge Alicia G. Rosenberg’s decision to deny Sanchez bail. “But we are not defeated. We know this affects all of us because we are all Alex Sanchez.”

“Supporters stand behind activist with alleged ties to MS-13 gang,” Los Angeles Times, July 4, 2009.

What’s going on is clear to Sanchez’s dead-end supporters — a government lynch mob the likes of which have not been seen since the infamous Sleepy Lagoon murder trial of the 1940s has trumped up a scandalously weak case against Sanchez.

Lashing out in a classic example of argument by mere assertion (i.e., without specific factual underpinning), the likes of Hayden have not only dug the Sleepy Lagoon murder out of its moldering grave, but reached back to the notorious LAPD Rampart scandal.  And because this case was investigated by a task force led by the FBI, it has also become necessary to go beyond the local cops and darkly infer that somehow that premier federal agency (and all other agencies involved in the task force) has gone into the tank.  The conspiracy is so vast that it must now involve not only these law enforcement agencies, but the federal grand jury, Chief of Police William Bratton, the United States Attorney, Thomas O’Brien, federal attorneys from his office and Washington, a federal magistrate and a federal district court judge. Just for starters.  Like The Truman Show, this conspiracy involves pretty much everybody but the central actor.

The purveyors of this conspiratorial view have been aided by an oddly passive “main stream media” in Los Angeles. The Los Angeles Times, for example, has virtually ignored the numerous details of the allegations against Sanchez, in spite of a crush of documentary material easily available in the Sanchez docket at the Federal Court house.  One would think that — given the depredations of MS-13 and the rock star admiration of Sanchez — the home town newspaper would be all over this story like ink on print.

One would be wrong.  Since the original story of Sanchez’s bail denial in June, the Los Angeles Times has restricted its coverage to:

• a fulminating op-ed attack on Chief William Bratton written by Tom Hayden (“Bratton’s exit opens the door to questions of conflict of interest,” August 13, 2009), and
• a curiously timed news-like attack on Judge Manuel L. Real (“Critics want to bench Judge Manuel L. Real: He is 85 and has sat on the U.S. District Court bench in L.A. since 1966,” August 16, 2009.)  In addition to being in the age range of several sitting Justices of the United States Supreme Court, Judge Real is apparently a man who brooks no foolishness, having once shut down a lawyer by stating, “This isn’t Burger King. We don’t do it your way here.”

It might be understandable if someone in authority simply quoted Rep. Barney Frank in response to these darkly paranoid rumblings, to wit, “On what planet do you spend most of your time?” (Please understand, this question of defense by impugning assertions is a different question than Sanchez’s factual guilt or innocence of the charges.  That’s why we have criminal trials, not opinion polls or kumbaya love-ins to resolve these cases.)

In fact, the government has taken the high road.  It argues that Sanchez’s deception of his acolytes makes the matter especially insidious:

Those who support defendant cannot be faulted for doing so with the fervor they have shown; defendant has operated in support of Mara Salvatrucha all along, without their knowledge, while accepting their support.  This makes him the worst possible danger to the community — a person in a position of trust who has abused that trust, and whose loyalty to MS-13 will assure that he continues to do so.

The Government’s Case

Unlike the poetic scribblings of Sanchez’s supporters on placards, conveniently timed newspaper “thumb-suckers,” and the pages of The Nation magazine, the federal government has to produce actual evidence to support its arguments.

I doubt that many of Alex “Rebelde” Sanchez’s supporters have actually read the 93 pages of transcripts of the four international wiretaps involving him that were filed with the court.  No doubt his lawyers and inner circle would prefer that they not be too widely circulated.  The substance of these conversations (beyond a stunning command of profanity) is a lengthy argument among the leaders of the Normandie Locos clique about the grounds to murder a gang member named Walter Lacinos — who actually turned up dead in El Salvador shortly after these discussions reached their obvious conclusion.

I have indeed read them and — taking care to assert once again that Sanchez is entitled to a presumption of innocence at law — am  compelled to these several points:

• The dog that does not bark. Sanchez does not talk or act like a “peacemaker” during these calls.  Whatever innocent interpretation his lawyers will no doubt attempt to hang on his words, what is strikingly absent is any attempt by Sanchez at reconciliation, at discouraging the “homeboys” from continuing along the path of discussions that quite obviously can only end in a decision to “green light” Lacinos (authorize his murder).  There is no turning of the other cheek here.
• The “What is the meaning of ‘is’?” problem. What benign interpretation of Sanchez’s statement “We go to war” is anything short of laughable in the context of these calls?  The conversations are full of angry, profane, violent talk about assassins and hit men allegedly sent by Lacinos to whack Sanchez and his home boys.  Sanchez and others repeatedly  express their need and willingness to defend themselves against Lacinos, and indeed, toward the terrible end of these talks, it is apparent that their purpose is to take the fight to him in El Salvador.
• The other sleeping dog. At no point in any of these extended phone calls does Sanchez distance himself from characterizations by others of his being there as part of the “clique,” i.e., as a gangster.  On the contrary, at several points he describes himself as part of the clique.  Wouldn’t one reasonably expect (to use the folksy example by assertion that Hayden likes) Sanchez to speak up and say something like, “Well, now, hold on, guys, you know I have left the gang life.  I am now trying to discourage you men from acting like a bunch of foul-mouthed murderous thugs!  Can we all get along?”
• The command presence. In marked contrast to the silence of the sleeping dogs, Sanchez’s firm and purposeful voice weaves through these calls like that of an experienced commander.  Time and again, when others wander off to gather wool in anecdotal recollection or befuddled irrelevancies, Sanchez forces the conversation back to the subject at hand, resolutely pushing forward his agenda against Lacinos.  The others repeatedly defer to him, even when he snatches things from their hands and yells at them.

The expert affidavit of LAPD Det. Frank Flores ties the transcripts of these conversations together into a coherent picture of an extended corporate decision-making meeting, the purpose and end result of which was murder.

More to Come

As noted at the top, the government makes clear that it has a good deal more evidence to present when appropriate in its case-in-chief.

It would be astonishing if it did not.  One does not indict Mother Teresa — or Alexander Sanchez — without a lot of confidence that one can prove one’s case.

In this instance, it is certain that the government has the cooperation of erstwhile MS-13 insiders — flipped “rats” and others.  According to its pleading, “the government will also present the testimony of multiple witnesses, not all of whom are cooperating witnesses testifying in hopes of a reduced sentence.  These witnesses will testify to their personal knowledge of Sanchez’s ongoing participation in the affairs of MS-13.”

Perhaps Sanchez has a good answer to this mounting evidence.  If so, he better start explaining.

The good plea bargains tend to dry up fast.

FACTORIES IN CHINA, LATINO GANGS IN OHIO–YOU DO THE MATH

Today, when the government puts more money into consumers’ pockets, it means that Chinese factories recall their workers and start making more.

“Just One Word: Factories,” By Harold Meyerson, Washington Post, Wednesday, August 12, 2009

It’s still all about the economy, even — nay, especially — when one looks into the Latino gang problem.  Harold Meyerson’s opinion piece in today Washington Post, quoted above and available in full here, touches directly on one of the most powerful forces responsible for the hardening of Latino gangs into criminal enterprises and their likely growth.  It’s the same force that has devastated the blue collar middle class all over America: decline of manufacturing in the United States:

Since 1987, manufacturing as a share of our gross domestic product has declined 30 percent. Once the world’s leading net exporter, we have become the world’s leading net importer. In 2007, we exported $1.2 trillion worth of goods and services but imported $1.8 trillion. If there were a debtor’s prison for nations, we’d all be in the clink…the decline of manufacturing presents a huge obstacle to U.S. economic recovery. As scholars and journalists have noted, in every recovery since the Great Depression through 1990, when American consumers started buying more, U.S. factories recalled laid-off workers and started making more. Today, when the government puts more money into consumers’ pockets, it means that Chinese factories recall their workers and start making more. It means that American retailers will hire more low-wage workers, while American manufacturers won’t — a sectoral shift that will lower Americans’ median income, since manufacturing wages are roughly 20 percent higher than the wages of the rest of the non-professional, non-managerial workforce.

2008 Protest at Closed Factory in Illinois

The connection between the rise of the modern gang and the decline of manufacturing is not elusive.  It’s just rarely discussed.  Today’s “commentators” would rather bloviate about the “problem” of Latino immigration than analyze what went wrong with the classic American Dream Factory.

Gangs and gangsters are a product of many things.  In addition to the personal decision to become a gangster (that every gangster makes), a complicated calculus of factors created and drives the modern Latino gang and its members.  These include:

• Wars,
• Economic change,
• Globalization,
• Cultural, racial, and ethnic factors (including fear, loathing, competition and conflict),
• Transnational organized crime,
• Migration flows and demographics,
• Law enforcement and national security resources and policies, and
• Gang adaptation.

I discuss at some length the impact of economic change on the transformation of barrio gangs into hard core criminal enterprises in my book No Boundaries:  Transnational Latino Gangs and American Law Enforcement.

This excerpt describes the overall effect of the loss of manufacturing jobs on the economic prospects of immigrant youth and the children of immigrants:

The economic change from smokestack manufacturing industries to service and information industries was an unforgiving crucible in which many Latino gangs were transformed and hardened. Many gangs went from traditional local “fighting” associations to enduring, institutionalized, and irreducibly violent alternative societies for the most marginalized youth within marginal communities. The largest of these gangs have become well-organized criminal enterprises. Latino street gangs today are family, mistress, employer, and nation to that small fraction of immigrant and especially second-generation youth—the children of immigrants—who are most alienated and least capable of adapting to the majority population’s social, cultural, and economic norms. In an earlier era, unskilled, poorly educated youth without language ability might have pulled themselves up from poverty on assembly lines, at the furnaces of steel mills, or in tire plants. Now, they find it harder to get a hand on any rung—much less a ladder—to a better life.

A more tightly focused look at the critical period of the 1970s and 1980s in California is summed up in this paragraph:

[In the 1970s] the industrial economy that had sustained Los Angeles for three decades—comprised of smokestack plants of General Motors, Firestone, Bethlehem Steel, Goodyear, and others—was shutting down, just as it was all across the American Rust Belt. The demise of the industrial economy and, with it, entry-level jobs for the unskilled and undocumented during the 1970s was an ominous curtain-raiser to the coming crack epidemic, Latino immigration surge, and gang eruption of the 1980s.

Finally, the original Latin Kings were formed in Chicago in the 1960s, precisely at a time when increased Puerto Rican migration ran head on into decreased manufacturing employment:

[In Chicago in the late 1950s] It came to appear to Puerto Ricans that jobs had dried up in New York but were plentiful in the great blue-collar city of Chicago. For the first time, large numbers of Puerto Ricans migrated to Chicago. By 1960, the number of Puerto Ricans had risen [significantly].  The catch was that most of these new migrants were unskilled laborers who spoke little or no English. They were relying on the great ladder of industrial blue-collar work by means of which those without language or trade had traditionally pulled themselves up in pursuit of the American dream. But the perception that the ladder still existed in Chicago was a cruel illusion. Puerto Rican hopes, along with those of the black and Mexican communities that had been in Chicago for decades, were crushed by the shift in the economy from manufacturing to service jobs, well in progress by the 1960s. The city was hemorrhaging blue-collar work. It was losing jobs at an alarming rate, as factories shut down and shipped them off to management-friendly, nonunion suburban and rural locations or offshore to countries in the third world.

[No Boundaries is primarily "narrative nonfiction."  It tells real life stories of gangsters and cops.  But it also contains descriptive analysis like these nuggets to hopefully explain and portray the complexity of the Latino gang universe.]

Meyerson’s analysis in the Washington Post examines a particular facet of the dismal employment picture described in The New York Times column by Bob Herbert that I linked to in a posting yesterday (here).

Economics is huge in gangs.  Anyone who thinks that the problem of gangs is simply and only a problem of gang suppression or immigration is at best looking at  only half the picture.  It reminds me of an adage I once heard a drill sergeant use to illuminate the thought processes of an offending recruit:  “A man who only shines only half his shoes, is like a man who only wipes half ……”  Well, you get the picture.

New FBI Central American Gang Intelligence Program

This is a description of CAIP, a new FBI gang intelligence initiative, ripped from the pages of the FBI’s public affairs release program.  Considering the tempo of indictments in the U.S., this can only help:

The members of a new international group formed to help fight the violent MS-13 and 18th Street gangs were meeting for the first time last month at the FBI Academy in Quantico, Virginia when the reason for the group’s existence became perfectly clear: representatives from El Salvador and Mexico realized they had been tracking the activities of the same MS-13 suspect. Now both countries could benefit from their collective intelligence efforts.

“These gangs are transnational, and right now they pretty much cross our borders for criminal activity at will,” said L.T. Chu, an FBI intelligence analyst with our MS-13 National Gang Task Force and the program manager for the new group—the Central American Intelligence Program (CAIP).

The FBI is involved in investigative partnerships to battle transnational gangs, but CAIP, whose members are primarily from Central America, is the first organization to focus exclusively on intelligence.

At the annual Policia Nacional Civil Anti-Gang conference last spring in El Salvador, Chu said, “We determined that one of our weaknesses was exchange of intelligence. We realized that it was crucial that we set up a forum and a mechanism to exchange this information.”

That thinking is very much in keeping with the Bureau’s overall post 9/11 efforts to become a proactive, intelligence-gathering organization that prevents criminal activity rather than responding to crimes after the fact.

A joint initiative of the FBI and the State Department, CAIP consists of veteran criminal intelligence analysts from the U.S., El Salvador, Honduras, Guatemala, Mexico, and Canada who work gang-related matters. Besides intelligence sharing, the objective is to standardize reports and other intelligence products and to minimize the communication gaps between countries—gaps that currently allow gang members to operate across borders.

At its first meeting—the group will meet three times a year at rotating host countries—interpreters assisted participants who spoke little English or Spanish. But even with the language barrier, everyone understands the significance of CAIP’s mission.

“Gangs are a huge problem in Guatemala,” said Heber Ramirez, chief of intelligence analysis for Policia Nacional Civil de Guatemala. Through an interpreter he explained, “It is very important that we have established relationships with these countries so that we can track gang activities across borders.” And as CAIP works toward standardizing how intelligence products are produced, he added, “We will be reporting very specific information in very specific ways that everyone can understand.”

Douglas Funes, who heads the transnational gang unit for the Policia Nacional Civil in El Salvador—which includes two embedded FBI agents working gang-related investigations—agreed that CAIP will be a vital weapon in fighting gangs.

El Salvador is “contaminated” by violent gangs, Funes said, and MS-13 alone has some 15,000 members in the country, including many members in the prison population. “Perhaps the most serious problem with MS-13,” he added, “is that they are constantly recruiting new members.”

“MS-13 and 18th Street are developing constantly and changing their methods,” Chu said. “The only way to fight them is to understand their organizations from the top down. And the only way to accomplish that is through cooperative intelligence sharing across borders. That is why CAIP is so important.”

THE COMING STORM–JOBS, GANGS, AND LATINO YOUTH

Bob Herbert’s column in The New York Times today (“A Scary Reality,” August 11, 2009), puts a finger right on what he correctly observes should be the biggest story in the nation–the continuing slow motion jobs train wreck, particularly among young people:

The percentage of young American men who are actually working is the lowest it has been in the 61 years of record-keeping, according to the Center for Labor Market Studies at Northeastern University in Boston.

…

For male teenagers, the numbers were disastrous: only 28 of every 100 males were employed in the 16- through 19-year-old age group. For minority teenagers, forget about it. The numbers are beyond scary; they’re catastrophic.

This should be the biggest story in the United States. When joblessness reaches these kinds of extremes, it doesn’t just damage individual families; it corrodes entire communities, fosters a sense of hopelessness and leads to disorder.

Combine the dismal jobs picture with demographic trends among young Latinos and you come up with the unpleasant prospect of  a massive storm on the gang front.  The pool of “second generation” youth from which gangs like the 18th Street gang, MS-13, the Latin Kings, and others recruit is growing.  Moreover, these young people are restless and without the prospect of employment essential to what sociologists call “socialization.”   And all this comes at a time when law enforcement resources — essential to “gang suppression” — are being cut and diverted to other priorities.

[If this post interests you, also see this later post on the loss of manufacturing jobs specifically.]

The Second Generation Pool

The Pew Hispanic Center recently issued a report on the demographic profile of the nation’s Latino youth.  Here is an excerpt from the study, Latino Children: A Majority Are U.S.-Born Offspring of Immigrants, by Richard Fry, Senior Research Associate, and Jeffrey S. Passel, Senior Demographer.  (The full report is available here):

Hispanics now make up 22% of all children under the age of 18 in the United States–up from 9% in 1980–and as their numbers have grown, their demographic profile has changed.

A majority (52%) of the nation’s 16 million Hispanic children are now “second generation,” meaning they are the U.S.-born sons or daughters of at least one foreign-born parent, typically someone who came to this country in the immigration wave from Mexico, Central America and South America that began around 1980. Some 11% of Latino children are “first generation”–meaning they themselves are foreign-born. And 37% are “third generation or higher”–meaning they are the U.S.-born children of U.S.-born parents.

Put simply, about one in five children under 18 are Latino and about half of them are “second generation.”  The following chart graphically illustrates the point:

Historically, most members of ethnic gangs are drawn from the second generation.  This was true of Irish, German, Jewish, and other ethnic gangs in the early 20th Century.  And contrary to conventional “wisdom,” this is also true of Latino gangs.  Lou Dobbs, Patrick Buchanan, and Nativists of their ilk do their best in the echo chamber of “news entertainment” to perpetuate the myth that the Latino gang problem is imported, and that most Latino gangsters are “illegal immigrants.”  Certainly, depending on the gang’s location, many gangsters are indeed immigrants, legal and otherwise, and in some locations may make up the bulk of a “clica” or clique.

But the vast bulk of Latino gangster by every serious and objective study are the children of immigrants.

Hans, Franz, and the Younger Governator--"Hear Me Now and Believe Me Later"

“Hear me now and believe me later.”   This is the pool from which future Latino gang members are going to be drawn.  About ten percent of these children will slip into the darkness of gangs, propelled by the forces of “marginalization,” which include prominently lack of gainful employment.

Which brings us back to Herbert’s perceptive clarion call.

The Youth Employment Picture

Herbert’s data come from The Great Recession of 2007-2009: Its Post-World War II Record Impacts on Rising Unemployment and Underutilization Problems Among U.S. Workers, a recently-released study from the Center for Labor Market Studies at Northeastern University in Boston.  (Full study in pdf here.)  This is a chart from the study showing comparative “labor underutilization rates” — a broader measure than just the unemployed which captures such people as those who are not fully employed or not looking because “what’s the point?” — by ethnicity:

You can see that Hispanics and Blacks generally are neck and neck in this broader measure of the Great American Nightmare.  Now take a look at the youth rates in this chart showing underutilization by age groups:

(Ignore the partial sentence.  I couldn’t figure out a way to erase it.)

Net assessment?  The Latino gang problem is going to get worse before it gets better.  The best we can hope for is for the success of the continuing federal-led effort to break up gang leadership structures and prevent the emergence of a true Latino Mafia.

SHOW DOWN IN LOS ANGELES–THE ALEX SANCHEZ/MS-13 CASE

Alex Sanchez

A document filed today (August 10, 2009) in the federal district court for the Central District of California provides an interesting glimpse into the breathtaking scope of the latest racketeering case against Mara Salvatrucha (MS-13), and its alleged Dr. Jekyll/Mr. Hyde,  anti-gang activist Alex Sanchez.

Sanchez is accused of being a secret “Big Homie” (gang parlance for major boss, “shot caller,” whatever.)

Members of the self-styled “anti-gang activist” community are still recovering from the stunning — yes, an overused word, but appropriate in this case — indictment of  Sanchez, executive director of Homies Unidos, a transnational anti-gang organization.

I don’t know how you say “Ghandi” in Spanish, but Sanchez — an acknowledged former MS-13 gang member said to have reformed –  achieved something of Ghandi’s aura as a saintly man of peace and non-violence in his years as hands-down the most well known and broadly supported anti-gang worker in the Western Hemisphere.

It sounded like 50 caliber day at the shooting range on June 24, 2009, the day when the massive indictment against MS-13 was unsealed in federal district court and announced at a fifteen-camera press conference featuring the region’s top gangbusters.  That sound wasn’t gunfire.  It was fainting patrons of gang reformation hitting the floors of scores of salons.

Fairly Civil excerpted relevant sections of the indictment, including the charges against Sanchez,  in an earlier report which can be found here.  In sum, the federal racketeering indictment charges that Sanchez led a double life, was a top leader of the notorious Normandie clique, and was directly involved in a series of telephone conversations that directed the subsequent murder of one Walter Lacinos, a gang member in El Salvador:

(108) “On or about May 6 and 7, 2006, defendants CENDEJAS, FUENTES, PINEDA, and SANCHEZ had a series of phone conversations with each other and with other members of MS-13, during which they conspired to kill Walter Lacinos, aka “Cameron.”

(109) On or about May 15, 2006, an MS-13 member shot and killed Walter Lacinos, aka “Cameron,” in La Libertad, El Salvador.

In spite of the fact that scores of Sanchez’s supporters filed letters in support of his release, a federal judge refused to grant bail.  According to docket notes of the bail hearing, Judge Manuel L. Real denied bail but told government lawyers that he wants to “Hear/review the wiretap tapes…and the transcripts thereof” before making a final decision on bail at a hearing scheduled for next week.

Whatever happens, Judge Real is on the spot.  His decision either way is gonna knock some socks off.

In the meantime, one of Sanchez’s most fervent supporters, old-line radical activist Tom Hayden, rushed the following 12 gauge double-aught shotgun defense brief into print in The Nation magazine on June 29, available here:

The indictment of Alex Sanchez, a revered gangbanger-turned-peacemaker, raises new doubts about whether the Los Angeles police department has reformed sufficiently to be released from a federal court order.

It also brings back strong memories in Los Angeles barrios of the Sleepy Lagoon case during war hysteria in 1942, when the LAPD and media helped railroad three young Mexican men into long murder sentences. The verdicts were later overturned and twelve defendants freed from prison. At the time, the lawyer and future Nation editor Carey McWilliams wrote that the case was a “ceremonial lynching.”

….

Alex Sanchez is accused of being heard on wiretapped phone calls on May 6 and 7, 2006, in which several members of MS “conspired” to kill Walter Lacinos, whose street name was Cameron. On May 15, an alleged MS member killed Cameron in La Libertad, El Salvador.

To illustrate the nature of the charge, imagine that the following conversation took place: First party: That dude should be shot. Second party: No question.

In an ordinary criminal trial, it would be difficult to connect these words to an actual deed one week later. There would be evidence, for example, that all kinds of people wanted Cameron dead. He was deported to El Salvador after serving at least fifteen years in California state prisons as a high-ranking gang member. He had enemies as well as friends. But in the conspiracy model, it is easier for the prosecution to “prove” that the wiretapped voices are people who “conspired” in his death.

This example is purely hypothetical. The government has not released the actual content of the tapes, nor a list of its witnesses, nor any of the documents it will be compelled to hand over to the defense at trial.

Alex Sanchez denies the charges.

In sum, this case is just about racism.  Hey, any bunch of law-abiding guys could talk about whacking another guy over a couple of telephonic beers.  And, if the guy turns up dead, so?  Never heard of a coincidence?  Besides, I, Tom Hayden, declare that the man is innocent.  What more do you people need?

Fortunately, in the United States the tradition of trial by jury cuts both ways.  Sanchez is entitled to a legal presumption of innocence until proven guilty, no doubt.  But the government is equally entitled to put on its case without race- and ethnicity-baiting charges that a bunch of slavering racist cops cooked the case up.

Which brings us to the document filed in court today.

It’s a stipulation between the government and the defendants supporting an agreement to postpone the trial.  The document lays out a big picture of the range and type of evidence that the government has assembled.

Whatever else it may say, this fascinating document says to me that this investigation is deeply grounded and the case goes way, way beyond Hayden’s ethno-racist screed against the LAPD.

Stipulation Re:  Request for Vacation of Trial Date and Exclusion of Time Pursuant to the Speedy Trial Act. (Filed 08/10/09)

Current Trial Date:  September 1, 2009

Proposed Status Conference:  November 9, 2009 at 1:30 p.m.

This is an extremely complex case.  The indictment charges twenty-four leaders of Mara Salvatrucha, or MS-13, with participating in a racketeering conspiracy covering fifteen years of criminal conduct, including six murders, eight conspiracies to murder, five robberies, witness intimidation, and ongoing narcotics trafficking and extorting.

…

The government represents that discovery in the case is voluminous.  It consists of:

• Recordings of thousands of telephone calls (primarily Spanish language) intercepted on twelve wiretaps over the course of seven years;

• summaries of those intercepted calls;

• applications and reports to the court during the periods of wiretap interception;

• over 700 consensually-recorded calls (primarily in Spanish);

• summaries of those consensually-recorded calls;

• dozens of call recorded from prisons and jails (primarily in Spanish);

• transcripts of certain intercepted and/or monitored calls;

• six LAPD murder books detailing homicide investigations, some of which are multi-volume;

• FBI reports of dozens of controlled narcotics purchases over a number of years;

• dozens of LAPD incident and arrest reports between 1995 and 2009;

• FBI reports of surveillance;

• FBI reports of witness statements;

• narcotics laboratory reports;

• firearms trace reports;

• criminal histories; and

• photographs, letters, and other documentary materials recovered during [ sic, probably missing "execution of"] search warrants.

….

The government began producing discovery on July 22, 2009 and continues to do so on a rolling basis.  Thus far, the government has produced and/or made available over 2300 pages of documents, including applications and orders relating to eight wiretaps, LAPD murder books for the murder of Jorge Bernal, aka”Travieso,” Erick Flores, aka “Moreno,” and Ileana Lara, aka “Mousey,” and a murder investigation report from El Salvadoran authorities regarding the murder of Walter Lacinos, aka “Camaron.” [Fairly Civil note: sic, name spelled differently in indictment (“Cameron”) and this motion.] In addition, the government has produced fifteen CDs containing recordings and summaries of calls intercepted on five telephone lines and three DVDs containing videos of witness interviews…

The government estimates that the trial in this case will last approximately 60 days; longer if the government ultimately seeks the death penalty against any of the death-eligible defendants.  Defendants are not yet in a position to estimate how long any defense case would last.

It’s crazy to predict anything.  But there is a pattern to this series of RICO cases against Latino gangs in California.

One, they have all been successful.  The government does not file these things like a blustering screed fired off to The Nation.

Two, they have all involved informants — gang members who have flipped and ratted out their “homies” and “carnales.”  Which means that the government knows a lot more than it puts in its indictments.

So that, three, a few of the defense lawyers take a look up the mountain and start looking for deals.

The glove may not fit, and the jury may acquit.  If that happens, a number of promising government legal careers are going to be blown up.

But win, lose, or draw, it’s going to be a fascinating trial.  I hope to get a seat.

THE FEDS AND GANGS–A GAO REPORT WORTH READING

The United States Government Accountability Office has just published a great report on the role of federal law enforcement in combating gangs.  Like all GAO reports, it’s kinda, sorta wonky, but it captures the 411 on the federal effort.  Fairly Civil highly recommends this read for anyone who cares about the looming transnational gang threat and what we are — and are not — doing about it.

The summary page from the report follows.  The full report is available here.

United States Government Accountability Office

July 2009

GAO-09-708

COMBATING GANGS: Better Coordination and Performance Measurement Would Help Clarify Roles of Federal Agencies and Strengthen Assessment of Efforts Highlights

What GAO Found

Various DOJ and DHS components have taken distinct roles in combating gang crime, and at the headquarters level, DOJ has established several entities to share information on gang-related investigations across agencies. However, some of these entities have not differentiated roles and responsibilities. For example, two entities have overlapping responsibilities for coordinating the federal response to the same gang threat. Prior GAO work found that overlap among programs can waste funds and limit effectiveness, and that agencies should work together to define and agree on their respective roles and facilitate information sharing. At the field division level, federal agencies have established strategies to help coordinate anti-gang efforts including federally led task forces. Officials GAO interviewed were generally satisfied with the task force structure for leveraging resources and taking advantage of contributions from all participating agencies.

Federal agencies have taken actions to measure the results of their gang enforcement efforts, but these efforts have been hindered by three factors. Among other measures, one agency tracks the number of investigations that disrupted or shut down criminal gangs, while another agency tracks its gang-related convictions. However, agencies’ efforts to measure results of federal actions to combat gang crime have been hampered by lack of a shared definition of “gang” among agencies, underreporting of information by United States Attorneys Offices (USAOs), and the lack of department-wide DOJ performance measures for anti-gang efforts. Definitions of “gang” vary in terms of number of members, time or type of offenses, and other characteristics. According to DOJ officials, lack of a shared definition of “gang” complicates data collection and evaluation efforts across federal agencies, but does not adversely affect law enforcement activity. DOJ officials stated that USAOs have underreported gang-related cases and work, in part because attorneys historically have not viewed data collection as a priority. In the absence of periodic monitoring of USAO’s gang-related case information, DOJ cannot be certain that USAOs have accurately recorded gang-related data. Further, DOJ lacks performance measures that would help agencies to assess progress made over time on anti-gang efforts and provide decision makers with key data to facilitate resource allocation.

DOJ administers several grant programs to assist communities to address gang problems; however, initiatives funded through some of these programs have had mixed results. A series of grant programs funded from the 1980s to 2009 to test a comprehensive community-wide model are nearing completion. Evaluations found little evidence that these programs reduced youth gang crime. DOJ does not plan to fund future grants testing this model; rather, DOJ plans to provide technical assistance to communities implementing anti-gang programs without federal funding. DOJ also awarded grants to 12 communities during fiscal years 2006 to 2008 under another anti-gang initiative. The first evaluations of this initiative are due in late 2009, and no additional grants will be funded pending the evaluation results.

SPEECH ON GANG VIOLENCE TO CALIFORNIA GANG INVESTIGATORS ASSOCIATION CONFERENCE 2009

Here is a pdf file of my keynote speech (as written) to the California Gang Investigators Association National Gang Violence Conference  (co-sponsored by the Bureau of Alcohol, Tobacco, Firearms and Explosives) on July 21, 2009.  The talk focused on Mara Salvatrucha (MS-13) and the 18th Street gang, as does my book, No Boundaries:  Transnational Latino Gangs and American Law Enforcement (University of Michigan Press 2009).

You can order the book from the Michigan Press, or from Amazon.com or other internet bookseller.  No Boundaries is also in book stores (e.g., Borders, Barnes & Noble, at least in Washington, DC).

The actual delivery of the speech varied a bit from this text.  CSPAN-Books TV taped the address.  The broadcast is now scheduled for Sunday, August 2 at 5 P.M. Eastern time.

CGIA SPEECH FINAL

Here is an illustration of the pith helmet that I showed during my talk:

White Pith Helmet of Type Worn by British Soldiers in 19th Century

And here is a print illustrating the Battle of Rorke’s Drift, which I also talked about.

Battle of Rorke's Drift

DEATH AND TREACHERY IN LOS ANGELES: MARA SALVATRUCHA (MS-13) INDICTMENT IS A PORTENT FOR THE FUTURE

MS-13 Gangsters Flash Devil's Horns

Since the early 1980s when they were a fledgling gang, to this very day, MS-13 has been a blight on every street where they exist.  Whether house to house, street to street, or city to city, MS-13 has spread like a cancer.  These indictments, arrests and warrants represent one success in an ongoing effort to rid the community of an element that lacks a single redeeming quality.

Chief William Bratton, Los Angeles Police Department, June 24, 2009

Gangbuster: LAPD Chief William Bratton

A 16-count federal indictment unsealed June 24, 2009 in Los Angeles contained two shocking allegations — a plot to kill a well known cop, and a double life lived by a prominent anti-gang activist.  The pleadings also provided a handy window into the history and unrelenting violence of Mara Salvatrucha, or MS-13.  I wrote at length about the genesis and depredations of this transnational Latino gang in my recently released book, No Boundaries: Transnational Latino Gangs and American Law Enforcement.

As Chief Bratton was careful to note in his statement quoted above, the strike against the gang is “one success” in what will be a long, bitter struggle to excise this cancer.  The case is in fact only the latest in a series of federal RICO (anti-racketeering) cases against street gangs that began with the successful 2002 prosecution of members of the Mexican Mafia and the Columbia Little Cycos, an 18th Street gang clique, detailed in No Boundaries. More cases are certain to unfold, and not just in Los Angeles.  The federal government, working with state and local authorities, has brought enormous resources to bear on these gangs, using “sophisticated techniques” of investigation such as informants, domestic and international wiretaps, and possibly undercover agents. The U.S. Department of Justice is determined that no Latino gang morph into another Mafia.

Gangbuster: U.S. Attorney Thomas O'Brien, Central District of California

That said, the indictment is a portent:  it represents the maturity of an intensive joint federal and local effort, not only in Southern California, but all over the United States.   The U.S. Attorney in Los Angeles, Thomas O’Brien, has set his teeth into these gangs, reeling out a string of indictments against several notorious cliques.

The back story of sources, methods, and accumulated evidence here is yet to be revealed.  You can be sure the governments involved did not bring this case lightly, and they will have a truckload of evidence to present, if and when it goes to trial.  But for now, the public is dealing with a skeletal public record:  The 66-page indictment, statements of officials at a press conference, the media’s reports of background interviews, and a number of documents filed by defense counsel. Anyone who has delved into such cases in detail — including defense counsel — knows that this is the tip of an iceberg.  Prosecutors say the case has been open for three years.  Since the  case builds on earlier investigations, that is plenty of time to accumulate a mountain of detail.

Do not be surprised if further indictments spin off from this and related cases, possibly including charges based on federal public corruption statutes.  One aspect only hinted at in public is that the investigation is being aided by a person or persons — i.e., a well-placed “rat,”"informant,”"cooperating witness,”"asset,” etc. — with long-term and intimate knowledge of MS-13 players and activities.

MS-13 and The Mexican Mafia (La Eme)–Joined at the Hip in Southern California

The indictment in this case (U.S. District Court for the Central District of California, Docket No. CR09-00466), and a long filing by defense counsel seeking the anti-gang activist’s release on bail are well worth reading.  They each lay out the long, painful history of Mara Salvatrucha’s ascent into the grisly transnational criminal consortium it has become.

Here are selected paragraph’s from the indictment.  They describe a key relationship  between MS-13 and the dominant prison gang in California, the Mexican Mafia (also known as La Eme):

14.  In Los Angeles, each clique contributes a portion of its profits towards a tax paid by MS-13 to the Mexican Mafia.  Like all gangs associated with the Mexican Mafia, MS-13 is required to pay a specified sum of money on a regular basis to a member of the Mexican Mafia.  Members of the Mexican Mafia are commonly referred to as “big homies,” “tios” (Spanish for “uncles”), “carnals” [sic] (Spanish slang for “brothers”), and/or “senors” ( a Spanish title of respect for a man).  In return for the tax payments, the Mexican Mafia provides protection to all MS-13 members incarcerated in county, state, and federal prisons and jails in California.  Failure to pay the tax will result in a “green light” being placed on MS-13, that is, a general order from the Mexican Mafia to assault or kill any incarcerated MS-13 member in any facility controlled by the Mexican Mafia.  Also in return for these tax payments, the Mexican Mafia ensures that no other gang operates in MS-13’s territory or otherwise interferes with the criminal activities of MS-13.

15.  Since the mid-1990s, when MS-13 became associated with the Mexican Mafia, a single powerful MS-13 member in Los Angeles has been appointed to act as MS-13’s representative to the Mexican Mafia (“the EME representative”).  The EME representative works as a “soldier” for the Mexican Mafia and is responsible for, among other things, ensuring that MS-13 pays its tax; setting policies to manage and discipline MS-13 members and associates; organizing and conducting meetings among MS-13 shot callers on a regular basis; resolving disputes between MS-13 cliques and members; organizing MS-13 cliques to generate money through, among other things, narcotics trafficking; and providing support to, and requesting assistance from, MS-13 leaders in El Salvador.

16.  In addition to the tax paid to the Mexican Mafia, MS-13 utilizes the profits obtained through its illegal activities by sending money to MS-13 members in prison in El Salvador, purchasing weapons and narcotics, paying attorney’s fees for gang members who have been charged with committing crimes, contributing to funeral costs for gang members who have been killed, and putting money on [sic] the prison accounts of MS-13 members incarcerated in the United States.

I wrote in No Boundaries about a little known but extraordinarily powerful and complex man, who likely was the first “EME representative,” Nelson Comandari.  The U.S. media completely missed the boat on Comandari, and his full story is yet to be told, but I have a good part of it in the book.

The Plot to Whack a Cop

Los Angeles Police Department Detective Frank Flores is a nationally-recognized expert on MS-13.  No Boundaries tells Flores’s life story as an example of the conundrum of gang recruitment. Why are the gangs irresistible to a minority of Latino youth, while other kids from the same barrio climb out of adversity to become part of the great American dream? Flores grew up in Boyle Heights, a gang-infested neighborhood, the child of a single parent. His uncles belonged to White Fence, one of the oldest gangs in L.A.

Yet all Frank Flores can remember ever wanting to be was to be an LAPD cop, even though as a child he had on occasion felt the LAPD’s famous “muscle.”

I first interviewed Flores in March 2007, and talked to him or communicated by email several times since. I had no idea that just months before I met him he had been the target of an assassination plot by MS-13. I learned of the scheme only when it became public after the indictment was unsealed. The government charges that in December 2006 “shot-callers” (leaders) of the gang’s Hollywood “clique” set in motion a plan to whack Flores, designating a hit-man and even providing a handgun to do the job.

Here, for the record, are the allegations in the indictment, which give the bare outlines of the plot:

(138) On or about December 21, 2006, defendants LOPEZ and MELGAR had a phone conversation with each other and with other MS-13 members during which LOPEZ, MELGAR, and others discussed a plot to kill LAPD Detective Frank Flores.

(139) On or about December 23, 2006, defendants LOPEZ and MELGAR had a phone conversation during which they discussed a plot to kill LAPD Detective Frank Flores.

(140) In or about late December 2006, defendants CUENTAS and MELGAR ordered another MS-13 member to follow through with defendant LOPEZ’S orders to kill LAPD Detective Frank Flores.

(141)  In or about late December 2006, defendants MORALES and SALAZAR showed another MS-13 member a handgun that the MS-13 member was ordered to use to kill LAPD Detective Frank Flores.

The plot to murder Frank Flores was derailed. But the story epitomizes the stakes in the ongoing struggle against Latino gangs like MS-13.

The Dr. Jekyll and Mr. Hyde of the Latino Gang World?

Alex Sanchez--Subject of a Grossly Mistaken Charge or the Dr. Jekyll and Mr. Hyde of the Gang World?

The indictment contains another shock that has rocked circles concerned with gangs like a 7th magnitude earthquake.

Among 24 defendants is Alexander (Alex) Sanchez, probably the most well-known anti-gang activist in the Latino gang world. Federal officials claim Sanchez, executive director of Homies Unidos – a group dedicated to saving kids from the gang life— led a double life. They allege that he has been a secret shot-caller posing as an anti-gang activist. The indictment charges that Sanchez conspired in May 2006 to murder an MS-13 member (who was executed weeks later in El Salvador). Here are relevant excerpts:

(108) “On or about May 6 and 7, 2006, defendants CENDEJAS, FUENTES, PINEDA, and SANCHEZ had a series of phone conversations with each other and with other members of MS-13, during which they conspired to kill Walter Lacinos, aka “Cameron.”

(109) On or about May 15, 2006, an MS-13 member shot and killed Walter Lacinos, aka “Cameron,” in La Libertad, El Salvador.

Scores of prominent figures have filed letters with the court attesting to Sanchez’s character and good works. All are convinced that Sanchez could not have faked his anti-gang efforts while operating as a shot-caller.

But he is held without bond at this writing.

THE GOD OF GANGSTERS

Jesus Malverde

Sometimes I wonder how I will die, by the bullet wound or a knife in my side.

Give my heart peace so I won’t have to fight. Heavenly father, please hear me tonight.

Sarah Garland, “In a Suburban Gangland, Young Lives Cut Short,” The New York Times, June 19, 2009.

It seems odd and vaguely disconcerting to consider that Latino gangsters who practice the cruelest imaginable violence (drive-by shootings, throat-slashing, mass beat-downs, etc.)  also believe in and attempt to communicate with God.

They do.  After a fashion.  In their own way.

The plaintive doggerel quoted above is reportedly a prayer in favor with the gangsters of Salvadorans With Pride (S.W.P.), a rival of MS-13, in suburban New York.  Jesus Malverde (illustrated above) is a cult religious figure in favor among the ruthless ranks of the Mexican drug trafficking organizations.

This intersection of criminal thuggery and religion strikes one as a great research project for a theologian and a gang expert.  (Hey, a new book idea!) Is this religiosity just so much cognitive dissonance in the gangster’s minds?  (“Dear Lord of Peace, please help me cut this throat just so, and forgive me for murdering this pendejo“?)

Or does it reflect genuine human longing for a redemptive connection with the eternal?

If, as many believe, personal redemption is the ultimate purpose of religion, gangster piety makes a certain sense.  One can understand it in the same way that one can understand how aggressively religious politicians–the ones who, like so many oppressive regimes in history want to make their beliefs enforceable by law–are so often exposed as adulterers, philanderers, and poly-sexual transgressors of their publicly professed and state-enforced morality.  Their spirit is willing, but their flesh is weak.

On the other hand, it could all just be a cynical front, or frightened whistling in the dark alley of human imperfection, greed, and lust. The agnostic’s prayer comes to mind: “O, God, if there is a God, save my soul, if I have a soul.”

Here’s another example.  The Christian Science Monitor has one of the better articles on the burgeoning use by drug traffickers of semi-submersible vessels, each of which is reported to be capable of carrying a load of cocaine worth $250 million.  The crews of these vessels are apparently well-paid but expendable.  They are not fairly described as “gangsters,” but their situations are similar to that of many of the mopes who make up the rank and file of your typical Latino street gang, i.e., exploited workers in the sweatshops of the drug industry.  Here is a telling paragraph from the June 23, 2009 article:

“I don’t think anything will change, because the organizations take advantage of the poverty in Colombia to lure crew members to make the trip for $10,000 or $20,000,” says Mr. Montoya, a Mexican physician who was involved with Colombian and Mexican drug cartels until 2004. Montoya says the four- or five-man crews he met in the secret jungle shipyards went through a ritual the night before they set off. “They would pray to the Divine Child and to the Virgin. Then, they would be given a hearty meal. It was like they were on death row,” he says, adding that it was a well-known secret that many crews never returned.

In my latest book, No Boundaries: Transnational Latino Gangs and American Law Enforcement (University of Michigan Press, 2009), I describe and remark on the pious expressions of several members of a Mexican Mafia–18th Street gang combine involved in taxing drug traffic in Los Angeles, meanwhile merrily whacking each other with paranoid abandon.  Several of the principals in this criminal enterprise make reference to such things as “trusting God,” and putting oneself in the hands of the “big man above us all.”  This juxtaposition is amusing–in a chilling sort of way–but more basically illustrates the fundamental moral emptiness of the gang culture.

It will all remain a conundrum until someone invents the human soul reader, a Kindle of religiosity.  (Someone, please, stop this metaphor before it kills again!)

HEZBOLLAH–IRAN’S PISTOL TO AMERICA’S HEAD

My position coming into this office has been that the United States has core national security interests in making sure that Iran doesn’t possess a nuclear weapon and it stops exporting terrorism outside of its borders.

President Barack Obama, Press Conference, June 23, 2009

One of the principal tools by which Iran has exported — and continues to export — terrorism is through its Lebanese surrogate, the terrorist para-state Hezbollah.

The Shiite organization has often been described as the “A-team” of terrorism because of its ability to inflict mass casualties in synchronized, rolling bomb attacks on multiple targets.  Some experts believe that Osama bin Laden learned the concept of synchronized shock and awe terror attacks from Hezbollah’s late terrorist-in-chief, Imad Mugniyah.

According to Richard A. Falkenrath Deputy Commissioner for Counterterrorism, New York Police Department, Hezbollah ranks at the top of the NYPD counter-terrorism worry list—just a notch below the predominantly Sunni al Qaeda.  Speaking at The Washington Institute for Near East Policy on Tuesday (June 23, 2009) Falkenrath said that Hezbollah has more or less decided not to attack the United States directly.  But, he warned, “our assessment is that if they changed their mind they have the capacity to inflict terrible damage on the United States.”

Since at least the early 1990s Hezbollah’s leaders — most particularly its secretary general, Sayyid Hassan Nasrallah — have assiduously constructed an infrastructure-in-place in the Western Hemisphere.  My co-author and I described that infrastructure and the bloody history of Hezbollah in Lightning Out of Lebanon: Hezbollah Terrorists on American Soil (Random House 2005).  We focused on the operations of a Hezbollah support cell in Charlotte, North Carolina, but also describe in some detail Hezbollah’s terror bombing attacks on Israeli and Jewish targets in Argentina.

In the years since Lightning’s publication, Hezbollah’s operations and capabilities in the Western Hemisphere have grown even stronger, according to widespread public reports.  For example, last year the Los Angeles Times reported on one particularly troubling aspect of Hezbollah’s growth–its deepening alliance with the anti-American regime of Venezuelan caudillo Hugo Chavez:

As part of his anti-American foreign policy, Venezuelan President Hugo Chavez has established warm diplomatic relations with Iran and has traveled there several times. The Bush administration, Israel and other governments worry that Venezuela is emerging as a base for anti-U.S. militant groups and spy services, including Hezbollah and its Iranian allies.

“It’s becoming a strategic partnership between Iran and Venezuela,” said a Western anti-terrorism official who spoke on condition of anonymity because the issue is sensitive.

Building infrastructure and ties with governments like that of Chavez and perhaps others in the Andean region is important to the terrorist para-state Hezbollah.  Perhaps equally important is its criminal fund-raising efforts.  We reported in Lightning on the vast sums Hezbollah raised through illegal cigarette trafficking from North Carolina to Michigan.  We also described a panoply of schemes for raising funds in the so-called Tri-Border Area.

In recent years, it appears that Hezbollah has also moved into the drug trade.

According to a report in The New York Times on October 22, 2008, “Colombian authorities said…that they had broken up a drug and money-laundering ring in an international operation that included the capture of three people suspected of shipping funds to Hezbollah guerrillas.” (See also, Agence France Presse report in English on October 22, 2008, “Colombian authorities have arrested three men with alleged links to the Shiite militant group Hezbollah as part of an international drug sting that has netted close to 100 suspects.”)

On the same date as these two snippets, the Los Angeles Times provided a much more complete description of the operation and Hezbollah’s involvement:

Chekry Harb, who used the alias “Taliban,” acted as the hub of an unusual and alarming alliance between South American cocaine traffickers and Middle Eastern militants, Colombian investigators allege.

Authorities accuse Harb of being a “world-class money launderer” whose ring washed hundreds of millions of dollars a year, from Panama to Hong Kong, while paying a percentage to Hezbollah, which is designated as a terrorist group by the United States and Israel. Harb was charged with drug-related crimes in a sealed indictment filed in Miami in July, but terrorism-related charges have not been filed.

The suspects allegedly worked with a Colombian cartel and a paramilitary group to smuggle cocaine to the United States, Europe and the Middle East. Harb traveled extensively to Lebanon, Syria and Egypt and was in phone contact with Hezbollah figures, according to Colombian officials.

“The profits from the sales of drugs went to finance Hezbollah,” said Gladys Sanchez, lead investigator for the special prosecutor’s office in Bogota, in an interview. “This is an example of how narco-trafficking is a theme of interest to all criminal organizations, the FARC, the paramilitaries and terrorists.”

These reports are the tip of an iceberg of evidence of Hezbollah’s growing presence, according to more or less well-informed U.S. officials.  New York City has hands-down the best counter-terrorism structure of any city in the United States, and its experts worry that these developments have only enhanced Hezbollah’s ability to project power into the United States.

Generally, when Hezbollah decides to flip the switch and exercise its power, things explode and people die.

Asked what he thought might prompt Hezbollah to attack the United States directly, Falkenrath suggested a direct U.S. attack on Hezbollah or an attack on Iran.  Both of these seem most unlikely.  But, unlikely or not, Hezbollah’s ability to attack the United States with bloody effect remains an Iranian pistol to America’s head.

One wild card remains.  Hezbollah has not yet apparently retaliated for the assassination last February of its late terrorist-in-chief, Imad Mugniyah.  It is a well known fact that Hezbollah always extracts revenge for such killings.  The only open question is when and where will it strike.

AN INCONVENIENT TRUTH: A CLEAR-EYED LOOK AT IRAN, ISRAEL, AND U.S INTERESTS IN THE MIDDLE EAST

If you have an opinion about President Barack Obama’s speech to the Muslim world, you should also read the following report, posted by the kind permission of The Washington Institute for Near East Policy.  It can be found in the original at this link: http://www.washingtoninstitute.org/templateC05.php?CID=3072.

PolicyWatch #1534: Special Forum Report

Strategic Challenges in a Changing Middle East

Featuring Moshe Yaalon

June 12, 2009

On June 9, 2009 Lt. Gen. (Ret.) Moshe Yaalon of the Israel Defense Forces (IDF) delivered the second annual Zeev Schiff Memorial Lecture on Middle East Security at The Washington Institute. General Yaalon is vice prime minister and minister of strategic affairs in the government of Israeli prime minister Binyamin Netanyahu. From 2002 to 2005, General Yaalon was IDF chief of the general staff.

The Washington Institute established the Zeev Schiff Memorial Lecture to honor the late Israeli journalist and longtime Institute associate Zeev Schiff, who passed away in 2007. The inaugural Zeev Schiff Memorial Lecture was delivered by IDF Lt. Gen. (Ret.) Amnon Lipkin-Shahak in June 2008.

Once mainstream media believes something to be true, it becomes extremely difficult for anyone thereafter to question the veracity of the purported “fact.” This phenomenon is manifest in Middle East news coverage in the Iranian issue, the tensions between pragmatists and radicals, and the Israeli-Palestinian conflict.

The Iranian Issue

The way in which the media frames the Iranian issue is problematic. First, the media portrays the problem as primarily a conflict between Iran and Israel.

Second, there is a recurring suggestion that sincere dialogue and nonmilitary sanctions will persuade the Iranians to peacefully give up their military nuclear program. The media does the world a disservice by framing the issue as such, because failure of dialogue and nonmilitary sanctions may necessitate a military solution.

Third, although the media treats Iran as a rational actor whose primary concern is American behavior, Iran has a completely different agenda and motivations, many of which are very troubling to the West. Key Iranians consider the destruction of Israel as just the first step on the way to changing the entire American-led world order. Tehran is interested in turbulence and instability, since stability characterizes the very world order it wants to replace.

Israel does not claim that the military option should be the first to be exercised — if anything, it should be the last. Effective political isolation and economic sanctions are big steps before any realistic military option and were successful in pressuring Libya to suspend its nuclear programs following the U.S. invasions of Afghanistan and Iraq.

Moderates vs. Radicals

The media has almost unanimously adopted two flawed approaches in addressing the tension between radicals and pragmatists in the Middle East: the dramatically nonempirical notion that the vast majority of Muslims embrace the same principles of peace, prosperity, and coexistence that the West exalts; and that the Western policy of confrontation has weakened the pragmatists, leaving radicals as the true representatives of Middle Eastern society.

This second notion errs by suggesting that radicals are ascendant primarily because of Western behavior and therefore can be stopped through engaging them in dialogue while granting pragmatists concessions. Both radicals and pragmatists take full advantage of the Western response to avoid accountability and expect more money and concessions, especially those that come at Israel’s expense.

Therefore, it is counterproductive for the West to “regretfully” make more concessions, since this plays into the hands of the radicals and strengthens their claims. The West expects that concessions and apologies will lead to reciprocal moves on their part. In the Middle East, it just strengthens their convictions of victimhood and their resolve to restore honor.

One case that illustrates the dangers of this media-promoted approach is the claim that the Israeli-Palestinian conflict is the most important issue for Middle Easterners and must be solved to convince pragmatists to overcome radicals and help the West and Israel in confronting Iran. A serious look at that claim shows that radicalism in the Middle East predates the establishment of Israel and has always been characterized by anti-Western feelings.

Iran is the main reason for instability in the region. The strengthening of radicals and progress on the Iranian nuclear project are the main threats to Israeli and American security and regional interests. As long as radicals feel that they are marching toward victory, there can be no signs of weakness. This would only make the job more difficult.

The Israeli-Palestinian Conflict

When it comes to the Israeli-Palestinian conflict, there is again a set of so-called facts that have gone largely unchallenged: that the issue is primarily a territorial conflict and that a solution can therefore be achieved within a short period of time through conceding territory; that the only possible solution is a two state solution; and that Israeli “occupation” and settlement activity are major obstacles for moving toward this inevitable solution.

These assumptions were the basis of the Oslo process, and its failure indicates that they deserve reexamination. While the Israelis were ready for this kind of solution, the Palestinians did not accept that the two-state solution refers to two states for two peoples. In their view, Israel should remain undefined, so that in the future it can become a Palestinian state as well. The Palestinians refuse to accept Israel as a Jewish state because for them this is not a territorial dispute, but an existential conflict. The media’s failure to report this most basic point creates a dangerously misleading portrayal of the situation and the prospects for its resolution.

The Palestinians have yet to remove the real obstacles to peace: accepting Israel as a Jewish state, stopping terror activity and incitement, and addressing the Palestinian Authority’s (PA) lack of preparedness to assume the responsibilities of a state — governability, monopoly over the use of force, security, and economic stability. Unless these issues are fully addressed, the creation of a Palestinian state will lead to the establishment of an unstable terror entity that will threaten not only Israel but the stability of moderate regional states.

The goal of substantial progress toward a Palestinian state in two years is not realistic. If there is a political settlement in two years, there will be a “Hamastan” in the West Bank. Israel will not allow a repeat of the terror attacks after Oslo or a launching pad after the disengagement plan.

When the previous Israeli government engaged in talks with Syria, it spoke with now deceased president Hafiz al-Asad, who was clear about severing the relationship with Iran, dismantling all the militias in Lebanon, and prohibiting any Palestinian terrorists to operate from Damascus. But his son and current president, Bashar al-Asad, has honored none of these commitments. He will not commit to cutting the relationship with Iran or Hizballah, and he has made the status of Palestinians part of the deal. In addition, Bashar has said that even if there is peace, there will not be normalized relations.

Bottom-Up Approach

Israel has no intention or will to govern the Palestinians, and is ready to consider ways to disengage and contribute to the ability of the PA to control the territories under its responsibility. The top-down approach that characterized the Oslo and Annapolis processes should be replaced by a performance-based, bottom-up approach, focusing on building the necessary infrastructure for peace.

This approach should include five reforms within the Palestinian authority, which at this stage can be performed only in the West Bank:

* educational reform, whereby the PA stops educating its people to deny any connection between the Jewish people and the land of Israel;

* economic reform that would focus on strengthening the role of the private sector and fight corruption;

* political reform that would promote an adequate governing culture by strengthening civil society and emphasizing universal values;

* law and order reform, which should lead to the implementation of the concept of “one authority, one law, one weapon” ; and

* security reform, under which there will be a unification of the security apparatus and a full range of activities against terrorism.

Success depends primarily on the Palestinian leadership, which until now has failed to establish an accountable political entity. It could take two, three, or five years; it is up to them. But once they reach it, final status issues can be discussed. The international community should encourage the Palestinians to make progress in this direction through the use of carrots and sticks and not by unconditional economic aid and blanket political support. Only when Palestinians give up the hope of destroying Israel and accept Israel’s right to live in peace as a Jewish state will there be a chance to have a lasting peace.

This rapporteur’s summary was prepared by Max Mealy.

© 2009 The Washington Institute for Near East Policy

WHAT “FIRST DUDE” TODD PALIN COULD LEARN FROM HARRY TRUMAN ABOUT DAVID LETTERMAN

The Jerk

The sexualization of girls and women in the media is reaching new lows these days — it is exploitative and has a negative effect on how all women and girls are perceived and how they view themselves. Letterman also joked about what he called Palin’s “slutty flight attendant look” — yet another example of how the media love to focus on a woman politician’s appearance, especially as it relates to her sexual appeal to men. Someone of Letterman’s stature, who appears on what used to be known as “the Tiffany Network” (CBS), should be above wallowing in the juvenile, sexist mud that other comedians and broadcasters seem to prefer.

National Organization for Women “Hall of Shame”

Not Harry S Truman

David Letterman’s now notorious emission of what can only be accurately described as hate speech has generated quite a bit of comment — from everyone it seems but Todd Palin, Alaska’s “current First Gentleman (self-styled ‘First Dude’).”

At the risk of perpetuating Letterman’s crudity and further polluting the world, here is the gist of what has happened to date, from the venerable Associated Press:

NEW YORK (AP) — Sarah Palin says David Letterman owes an apology to young women across the country for his joke about her daughter.

The Alaska governor appeared on NBC’s “Today” show Friday, continuing a feud with the CBS “Late Show” funnyman over his joke earlier this week that Palin’s daughter got “knocked up” by New York Yankee third baseman Alex Rodriguez during their recent trip to New York.

Target of Letterman's Hateful "Humor"

I don’t agree with the Palin camp on a lot of things.  But, as a father, there is nothing political or partisan about this shameful behavior on the part of Letterman, a true jerk.

Now, there was once long ago and far away a President of the United States who had what some of us might call “cojones.”  He never rode on a snow mobile, but he sure as hell knew how to respond when his daughter Margaret was — in his judgment — unfairly maligned by the Washington Post’s music critic.  Here is the text of a note that Harry S Truman — the Last Great Democratic President — penned and sent to Paul Hume, the critic at the Post (quote from Wikipedia, chronicler of the 21st Century):

I have read your lousy review of Margaret’s concert. I’ve come to the conclusion that you are an eight ulcer man on a four ulcer job … Some day I hope to meet you. When that happens you’ll need a new nose, a lot of beefsteak for black eyes and perhaps a supporter below.

* Letter to critic Paul Hume, as quoted in TIME magazine (18 December 1950)

Now, that was an outraged father.

Harry S Truman Had a Charmingly Direct Way With Words

LATINO STREET GANGS — WILL THEY MATCH THE MAFIA?

Here is the top of  a new post I have written on The Crime Report (crimereport.org):

Could Latino Street Gangs Transform Themselves into Transnational Drug Mafias?

By Tom Diaz

Tom Diaz, author of a new book, “No Borders: Transnational Latino Gangs and American Law Enforcement,” looks at the potentially ominous future of criminal street gangs in the U.S.

In the 1980s, few law enforcement officials had heard of Mara Salvatrucha (MS-13) or the 18th Street gang. Yet within two decades, these gangs metastasized from local urban-based organizations in Los Angeles and other California cities into transnational criminal enterprises operating throughout the Western Hemisphere, including El Salvador, Honduras, Guatemala, Mexico, the United States, and Canada. As Mexico’s violent drug-fueled turf wars threaten to spread north of the border, many wonder whether the gangs have become integrated with Mexican drug cartels.

You can read more of this post here, and you can order the book from Amazon.com here.

Here is a description of The Crime Report from its “about” page:

The Crime Report (TCR) is independent and non-partisan, and it advances no single view or approach – except to promote informed discussion and debate. It is a collaborative effort by two national organizations that focus on encouraging quality criminal justice reporting: The Center on Media, Crime and Justice, the nation’s leading practice-oriented think tank on crime and justice reporting and Criminal Justice Journalists, the nation’s only membership organization of crime-beat journalists.

CAN WE PLEASE LEAVE THE FBI OUT OF DAVID CARRADINE’S CLOSET, MARK GERAGOS?

You knew it was bound to happen.  Sex, lawyers, and publicity almost always equal = goofy idea.

Found Dead In Closet

Kung Fu actor David Carradine was found hanging in a Bangkok closet, tied up in an…unusal…configuration of rope.

“This certainly was not a natural cause of death,” Nantana Sirisap, the chief coroner, was quoted as saying in what was perhaps an unintentional masterpiece of understatement.

Now comes celebrity lawyer to the stars and other famous people accused of criminal wrongdoing Mark Geragos, telling CNN host Larry King that Carradine’s family wants the FBI to help the Bangkok police investigate the actor’s bizarre death:

BANGKOK (AP) — The family of American actor David Carradine has asked the FBI to help investigate his death after his body was found in a hotel closet in Thailand’s capital with a rope tied to his neck, wrist and genitals.

Carradine’s family does not believe he committed suicide and is troubled by conflicting accounts about the circumstances of his death, Mark Geragos, an attorney for brother Keith Carradine, told CNN’s Larry King late Friday.

“They want an investigation,” Geragos said. “I would think that the people in Bangkok would want to support an investigation and allow the FBI to go over there and assist in the investigation so we can get the answers to the questions.”

Thai police said Saturday they have not been contacted by the FBI.

In the unlikely case that it’s slipped your mind who Geragos is, here’s an excerpt from Wikipedia, chronicler of the 21st Century:

Mark John Geragos (born October 5, 1957) is an American criminal defense attorney best known for defending the musician Michael Jackson, actress Winona Ryder, politician Gary Condit, and Susan McDougal, who was involved in the Whitewater scandal. He also represented Scott Peterson, in another trial that received widespread media attention. He’s currently representing Paul and Kuhlbir Dhaliwal, two brothers injured after a tiger escaped in San Francisco Zoo, and pop superstar Chris Brown, accused of assaulting Grammy award winning entertainer Rihanna. He is considered a “celebrity lawyer”.

Larry King and Mark Geragos, Two Prominent Planetoids Whizzing About the Celebrity Constellation

No doubt the Carradine family is shocked and grieved about the case.  But not every celebrity death is a federal case.  And some lawyers — I am sad to report — have been known to use this kind of spectacularly publicized request as a way to boost their profile.

Thai authorities have welcomed the idea with a whiff of, again, perhaps unintended humor, leavened with a dash of Police Academy put-down, according to this blog post:

Bangkok officials, who have since reneged on their initial theory that the 72-year-old’s committed suicide, said that the FBI would be welcomed simply as observers—the only position allowed for a foreign body under Thai law.

“If the FBI wants to get involved, we will do our best to cooperate,” Thai police Maj. Gen. Amnuay Nimmano told reporters at a press conference today. “We have nothing to hide.”

Meanwhile, The Smokinggun.com — as the site is wont to do — has posted a salacious excerpt from a court filing by Carradine’s ex-wife, knotting up the mysterious circumstances  even more.  Here is The Smoking Gun’s take, and the excerpt is here:

Carradine’s “Deviant Sexual Behavior”
Ex-wife accused actor of “potentially deadly” acts in court filing

JUNE 5–As investigators try to determine how actor David Carradine wound up hanging naked and dead in a Bangkok hotel closet with a rope tied around his genitals, a review of divorce court filings shows that his most recent ex-wife once accused the actor of “deviant sexual behavior which was potentially deadly.” Additionally, Marina Anderson alleged in a sworn declaration that Carradine engaged in an “incestuous relationship with a very close family member.” Anderson’s declaration, an excerpt of which you’ll find below, was filed in mid-2003 in Los Angeles Superior Court (the document was supposed to be filed under seal but was mistakenly placed in the public court file, where TSG found it). The declaration does not detail Carradine’s alleged “deviant sexual behavior.” As for the incest charge, Anderson reported that Carradine and the unnamed relative admitted the taboo relationship, but that her “pleas for him to get counseling in regards to this matter were ignored and he wanted no part in the healing process the other person needed in order to get closure.” In a phone interview today, Anderson, who was married to Carradine for four years, said she stands by the allegations in her court filing, but declined to further discuss her charges. A Bangkok police official told reporters that investigators were examining whether Carradine accidentally suffocated while engaging in an autoerotic sex act.

The authorities claim to have ruled out participation by another person in the bizarre drama:

Col. Somprasong Yenthuam, who is heading the investigation, said police have interviewed all staff at the hotel where Carradine was staying and reviewed surveillance footage outside his room. Based on that, they have found no evidence that anyone was in Carradine’s room before he died which they said all but ruled out foul play.

The inference has been drawn by some, perhaps many, that Carradine was thus obviously  a victim of an attempt at an act of auto-erotic asphyxia gone awry.  Here’s an excerpt from an old article in Britain’s The Independent that explains how this can happen:

Auto-erotic asphyxia is a method of increasing sexual excitement by restricting the oxygen supply to the brain, usually by tightening a noose around the neck. Although usually associated with hardcore sexual masochists it often arouses interest among the less experienced – curious schoolboys and young men keen to experiment with masturbation in the belief that the practice heightens sensation at orgasm. While rumours about how and why to do it abound in all-male locker rooms and dormitories, what is not passed on is the fact that it can be fatal.

‘When pressure is put on the vagus nerve in the neck, instantaneous death can happen,’ explains Dr (Peter) Dean, a coroner in Essex (England). ‘The sudden increase in pressure sends a message to the heart to shut down and a sudden cardiac death will result. This is why this practice is immensely hazardous and extremely dangerous.’

The vagus nerve plays a major role in the human nervous system, travelling from the brain-stem to all the major organs. Pressure on it can slow down the heart-beat and even stop it completely.

“Not that there’s anything wrong with that,” some might say. But, leave the vagus nerve out of it, seems to be the message.  According to ABC News, “The Federal Bureau of Investigation estimates there are between 500 and 1,000 such deaths in the United States annually, mostly among young men. Many more may be falsely ruled as homicides or suicides.”  They keep statistics on the oddest things.  This may be worse than Swine Flu, or H1N1. or whatever it’s called now.

Be that as it may, Mark is ramping it up:

Carradine’s brother Keith met Friday with the FBI and filed reports that could lead to the agency opening its own inquiry, said Geragos, who represents Keith Carradine. The family will also seek a private autopsy by famed forensic pathologist Dr. Michael Baden to determine whether another person could have been involved, Geragos said.

But TMZ has found an expert who pooh-poohs the theory that another person would have to be involved to tie the knots:

David Carradine’s hands were tied above his head when he died — turns out, in the world of auto-erotic suspension, it’s an easy task to master.

Brent Turvey, a forensic scientist and criminal profiler who has studied auto-erotic asphyxiation, has examined the photo of Carradine’s body published in a Thai newspaper. The photo shows the body with a rope around his neck hanging in a closet … Carradine’s hands were tied above his head.

Turvey says it’s simple for someone to tie rope around his/her hands, by loosely tying the hands in front — then raising them up to tighten.

Turvey says undoing the knot is easy as well, allowing for a quick escape.

Turvey says, “By tying his hands above his head, and bending his knees in a sitting position, he can easily stand up and untie his hands with his teeth. Choking in this position is an accident that usually results from the rope being left on the neck a few seconds too long.”

Making A Slip Knot

The case is Gordian, but, please, Director Mueller, can we  just leave the FBI out of the investigation of this one?

You may have better things to do with your not inexhaustible supply of special agents.  Investigating gangs, for example, that threaten the safety of the rest of us non-celebrity commoners, right here at home, in the U.S. of A., a land far, far away from exotic, erotic Bangkok.

Here is a timely media release, issued by the FBI just this past week, on its activity in that area:

Highlighting Recent FBI Gang Investigations

The U.S. is seeing a rise in gang membership across the country and as membership spreads from urban to suburban areas, so does the associated criminal activity. Gangs are involved not only in auto theft, assault, home invasions, armed robbery, and extortion, but also in fraud, identity theft, drug trafficking, weapons trafficking, alien smuggling, and murder.

“As our communities are exposed to higher levels of crime and violence, the FBI, along with local, state, and federal partners, are responding with an even greater measure of significant law enforcement action,” according to Assistant Director Kenneth W. Kaiser, FBI Criminal Investigative Division. “The goal is to take these violent offenders off the streets and make our neighborhoods safer.”

A selection of recent press releases from 2009 listed below reflects how law enforcement is disrupting and dismantling these violent gangs:

* On 01/12/2009, 10 members and associates of the Florencia 13 (F13) street gang were convicted on federal criminal charges, including racketeering and narcotics distribution. They were among 102 defendants named in four indictments in 2007 as part of Operation Joker’s Wild.

* On 02/13/2009, Operation Keys to the City led to 36 defendants charged with federal racketeering conspiracy, firearm offenses and drug trafficking violations. The year-long investigation targeted the criminal activities of the Mexican Mafia, Hispanic street gangs with ties to the Mexican Mafia, and the Mexico-based Arellano-Felix drug trafficking organization.

* On 02/17/2009, a “G-Mob” gang member pled guilty in a nationwide, million-dollar bank fraud scheme.

* On 02/25/2009, 15 individuals were indicted in a Charlotte-area drug conspiracy arising from their participation in an organization with ties to the United Blood Nation.

* On 03/07/2009, over 500 law enforcement personnel executed 29 search warrants, arrested 30 gang members and associates, and seized drugs, firearms, and vehicles in a massive sweep targeting the violent East Palo Alto/Menlo Park-based Taliban gang.

* On 04/01/2009, the National President of the Devil’s Diciples [sic] Motorcycle Gang was indicted for being a violent felon in possession of body armor, and 17 other members were charged in related criminal complaints.

* On 04/08/2009, 12 alleged members of the Puro Lil Mafia (PLM) street gang operating in Wichita Falls, Texas, were indicted on federal weapons and/or narcotics charges. More Weeks later, PLM gang leader Mauricio Diaz indicted on federal weapons and narcotics charges.

* On 04/16/2009, the ringleader of a gang conspiracy to import and distribute multi-kilo quantities of methamphetamine from California to Louisiana received a life sentence in Lafayette, Louisiana.

* On 04/22/2009, Oscar Omar Lobo-Lopez was found guilty of conspiracy to commit murder in aid of racketeering activity, murder in aid of racketeering activity, and use of a firearm during a crime of violence causing death.

* On 04/22/2009, two dozen individuals associated with the Mexican Mafia and other Hispanic street gangs were charged federally for their roles in a narcotics distribution ring operating in the San Fernando Valley.

* On 04/23/2009, Raza Unida prison gang members and associates were indicted on drug trafficking and firearms charges in Operation Lunar Eclipse.

* On 05/14/2009, Bloods Street Gang members and criminal associates were arrested for narcotics and weapons violations.

* On 05/14/2009, 74 members and associates of the Highwaymen Motorcycle Club were charged in a superseding indictment with participating in the affairs of a corrupt organization through a pattern of racketeering activity (RICO), committing violent crimes in aid of racketeering, distributing controlled substances, and committing various federal gun violations.

* On 05/20/2009, Michael Vasquez was sentenced to 111 months in federal prison for his role in a gang-related shooting that left a toddler seriously injured.

* On 05/21/2009, approximately 1,400 law enforcement officers participated in the nation’s largest-ever gang sweep, arresting 88 individuals named in a federal RICO indictment that describes a war against the Los Angeles Sheriff’s Department, as well as systematic efforts to rid the community of African-Americans with a campaign of shootings and other attacks. The investigation into the Varrio Hawaiian Gardens gang began after the fatal shooting of Los Angeles Sheriff’s Deputy Jerry Ortiz. The action was part of Operation Knock Out, which has led to the indictments of 147 defendants to date.

* On 05/29/2009, eight Almighty Latin King and Queen Nation gang members pled guilty to a variety of charges, including drug conspiracy and weapons trafficking.

* On 06/01/2009, eight Bloods Street Gang members were charged in a federal indictment with conspiring to organize a sect of the Bloods in Harrisburg, Pennsylvania. The charges allege that, in furtherance of the conspiracy, they committed robberies affecting interstate commerce, carjacking, and weapons offenses.

Man, those FBI cats have been kung-fu fightin‘!

Can we please just let them keep doing that?

Not FBI Agents--Foo Fighters

ABOUT THOSE PAKISTANI NUKES — ATOMIC SCIENTISTS SAY “RELAX”

Last refuge of All Desperate Arguments

If you’re worried that the Taliban or some other equally malevolent group of half-baked nitwits are going to seize power and stuff a suitcase full of Pakistani nuclear weapons, you can relax.

Pakistani Army Gen. Ashfaq Kayani, chief of army staff

According to Lawrence Korb, writing in the Bulletin of the Atomic Scientists, the Pakistani armed forces have the situation well under control.  Korb was Assistant Secretary of Defense in the Reagan Administration from 1981-1985 and is now senior fellow at the Center for American Progress.  Here is an excerpt, or you can read the whole article here:

Pakistan has a great many political, economic, and social problems that prevent it from achieving its full potential. But the majority of the population wants the duly constituted government to fulfill its responsibilities to promote the general welfare and provide for the common defense. They aren’t looking to some outside force such as the Taliban to assume control of the country and solve these problems. Unlike Afghanistan in the 1990s, the Taliban in Pakistan isn’t seen as a group capable of imposing order on a chaotic situation. Rather, the Taliban is seen as an organization trying to upset the existing order. For instance, the majority of the Pakistani population urged the government to take forceful action against the Taliban when it reneged on its agreement in the Swat District.

Chairman of the Joint Chiefs of Staff Navy Adm. Mike Mullen reviews Pakistani troops during a ceremony honoring Mullen's arrival to Islamabad, Pakistan, Feb. 9, 2008.

Moreover, at this time, the Pakistani Army has no desire to seize political power, nor will it let the Taliban take control of Pakistan proper or seize Pakistan’s nuclear weapons. The Pakistani Army jealously guards its reputation. In fact, it places a higher priority on its reputation and its interest than that of the country. The army knows that if it staged a coup at this time, it would become responsible for all of the country’s economic and social problems.

Likewise, the Pakistani military, which numbers about 1 million soldiers, has enough brute force to prevent the Taliban from breaking out of the rural areas of the frontier provinces and into the heart of Pakistan, even if it keeps a large contingent on the border with India. Since the army knows that the collateral damage–including creating refugees–would be significant if it uses force, it won’t take action until ordered to do so by the prime minister and the Parliament.

The security of Pakistan’s nuclear arsenal By Lawrence J. Korb, 19 May 2009

There.  Feel better?

Not Convinced -- More Waterboarding!

A COUNTERINTELLIGENCE APPROACH TO CONTROLLING CARTEL CORRUPTION — AN ESSAY FROM STRATFOR

Axis of Corruption: U.S. - Mexico Border

[For background on corruption of U.S. officials at the border, see Mexico: Crimes at the Border, PBS Frontline / New York Times Report.]

In addition to the complexity brought about by the multiple jurisdictions, agencies and levels of government involved, there simply is not one single agency that can be tasked with taking care of the corruption problem. It is just too big and too wide. Even the FBI, which has national jurisdiction and a mandate to investigate public corruption cases, cannot step in and clean up all the corruption.

from

A Counterintelligence Approach to Controlling Cartel Corruption

May 20, 2009

Global Security and Intelligence Report

By Scott Stewart and Fred Burton

Rey Guerra

Rey Guerra, the former sheriff of Starr County, Texas, pleaded guilty May 1 to a narcotics conspiracy charge in federal district court in McAllen, Texas. Guerra admitted to using information obtained in his official capacity to help a friend (a Mexican drug trafficker allegedly associated with Los Zetas) evade U.S. counternarcotics efforts. On at least one occasion, Guerra also attempted to learn the identity of a confidential informant who had provided authorities with information regarding cartel operations so he could pass it to his cartel contact.

In addition to providing intelligence to Los Zetas, Guerra also reportedly helped steer investigations away from people and facilities associated with Los Zetas. He also sought to block progress on investigations into arrested individuals associated with Los Zetas to protect other members associated with the organization. Guerra is scheduled for sentencing July 29; he faces 10 years to life imprisonment, fines of up to $4 million and five years of supervised release.

Guerra is just one of a growing number of officials on the U.S. side of the border who have been recruited as agents for Mexico’s powerful and sophisticated drug cartels. Indeed, when one examines the reach and scope of the Mexican cartels’ efforts to recruit agents inside the United States to provide intelligence and act on the cartels’ behalf, it becomes apparent that the cartels have demonstrated the ability to operate more like a foreign intelligence service than a traditional criminal organization.

Fluidity and Flexibility

For many years now, STRATFOR has followed developments along the U.S.-Mexican border and has studied the dynamics of the cross-border illicit flow of people, drugs, weapons and cash.

One of the most notable characteristics about this flow of contraband is its flexibility. When smugglers encounter an obstacle to the flow of their product, they find ways to avoid it. For example, as we’ve previously discussed in the case of the extensive border fence in the San Diego sector, drug traffickers and human smugglers diverted a good portion of their volume around the wall to the Tucson sector; they even created an extensive network of tunnels under the fence to keep their contraband (and profits) flowing.

Likewise, as maritime and air interdiction efforts between South America and Mexico have become more successful, Central America has become increasingly important to the flow of narcotics from South America to the United States. This reflects how the drug-trafficking organizations have adjusted their method of shipment and their trafficking routes to avoid interdiction efforts and maintain the northward flow of narcotics.

Over the past few years, a great deal of public and government attention has focused on the U.S.-Mexican border. In response to this attention, the federal and border state governments in the United States have erected more barriers, installed an array of cameras and sensors and increased the manpower committed to securing the border. While these efforts certainly have not hermetically sealed the border, they do appear to be having some impact — an impact magnified by the effectiveness of interdiction efforts elsewhere along the narcotics supply chain.

According to the most recent statistics from the Drug Enforcement Administration, from January 2007 through September 2008 the price per pure gram of cocaine increased 89.1 percent, or from $96.61 to $182.73, while the purity of cocaine seized on the street decreased 31.3 percent, dropping from 67 percent pure cocaine to 46 percent pure cocaine. Recent anecdotal reports from law enforcement sources indicate that cocaine prices have remained high, and that the purity of cocaine on the street has remained poor.

Overcoming Human Obstacles

Customs Agents at Work Checking Cars from Mexico

In another interesting trend that has emerged over the past few years, as border security has tightened and as the flow of narcotics has been impeded, the number of U.S. border enforcement officers arrested on charges of corruption has increased notably. This increased corruption represents a logical outcome of the fluidity of the flow of contraband. As the obstacles posed by border enforcement have become more daunting, people have become the weak link in the enforcement system. In some ways, people are like tunnels under the border wall — i.e., channels employed by the traffickers to help their goods get to market.

From the Mexican cartels’ point of view, it is cheaper to pay an official several thousand dollars to allow a load of narcotics to pass by than it is to risk having the shipment seized. Such bribes are simply part of the cost of doing business — and in the big picture, even a low-level local agent can be an incredible bargain.

According to U.S. Customs and Border Protection (CBP), 21 CBP officers were arrested on corruption charges during the fiscal year that ended in September 2008, as opposed to only 4 in the preceding fiscal year. In the current fiscal year (since Oct. 1), 14 have been arrested. And the problem with corruption extends further than just customs or border patrol officers. In recent years, police officers, state troopers, county sheriffs, National Guard members, judges, prosecutors, deputy U.S. marshals and even the FBI special agent in charge of the El Paso office have been linked to Mexican drug-trafficking organizations. Significantly, the cases being prosecuted against these public officials of all stripes are just the tip of the iceberg. The underlying problem of corruption is much greater.

A major challenge to addressing the issue of border corruption is the large number of jurisdictions along the border, along with the reality that corruption occurs at the local, state and federal levels across those jurisdictions. Though this makes it very difficult to gather data relating to the total number of corruption investigations conducted, sources tell us that while corruption has always been a problem along the border, the problem has ballooned in recent years — and the number of corruption cases has increased dramatically.

In addition to the complexity brought about by the multiple jurisdictions, agencies and levels of government involved, there simply is not one single agency that can be tasked with taking care of the corruption problem. It is just too big and too wide. Even the FBI, which has national jurisdiction and a mandate to investigate public corruption cases, cannot step in and clean up all the corruption. The FBI already is being stretched thin with its other responsibilities, like counterterrorism, foreign counterintelligence, financial fraud and bank robbery. The FBI thus does not even have the capacity to investigate every allegation of corruption at the federal level, much less at the state and local levels. Limited resources require the agency to be very selective about the cases it decides to investigate. Given that there is no real central clearinghouse for corruption cases, most allegations of corruption are investigated by a wide array of internal affairs units and other agencies at the federal, state and local levels.

Any time there is such a mixture of agencies involved in the investigation of a specific type of crime, there is often bureaucratic friction, and there are almost always problems with information sharing. This means that pieces of information and investigative leads developed in the investigation of some of these cases are not shared with the appropriate agencies. To overcome this information sharing problem, the FBI has established six Border Corruption Task Forces designed to bring local, state and federal officers together to focus on corruption tied to the U.S.-Mexican border, but these task forces have not yet been able to solve the complex problem of coordination.

Sophisticated Spotting

Efforts to corrupt officials along the U.S.-Mexican border are very organized and very focused, something that is critical to understanding the public corruption issue along the border. Some of the Mexican cartels have a long history of successfully corrupting public officials on both sides of the border. Groups like the Beltran Leyva Organization (BLO) have successfully recruited scores of intelligence assets and agents of influence at the local, state and even federal levels of the Mexican government. They even have enjoyed significant success in recruiting agents in elite units such as the anti-organized crime unit (SIEDO) of the Office of the Mexican Attorney General (PGR). The BLO also has recruited Mexican employees working for the U.S. Embassy in Mexico City, and even allegedly owned Mexico’s former drug czar, Noe Ramirez Mandujano, who reportedly was receiving $450,000 a month from the organization.

In fact, the sophistication of these groups means they use methods more akin to the intelligence recruitment processes used by foreign intelligence services than those normally associated with a criminal organization. The cartels are known to conduct extensive surveillance and background checks on potential targets to determine how to best pitch to them. Like the spotting methods used by intelligence agencies, the surveillance conducted by the cartels on potential targets is designed to glean as many details about the target as possible, including where they live, what vehicles they drive, who their family members are, their financial needs and their peccadilloes.

Historically, many foreign intelligence services are known to use ethnicity in their favor, heavily targeting persons sharing an ethnic background found in the foreign country. Foreign services also are known to use relatives of the target living in the foreign country to their advantage. Mexican cartels use these same tools. They tend to target Hispanic officers and often use family members living in Mexico as recruiting levers. For example, Luis Francisco Alarid, who had been a CBP officer at the Otay Mesa, Calif., port of entry, was sentenced to 84 months in federal prison in February for his participation in a conspiracy to smuggle illegal aliens and marijuana into the United States. One of the people Alarid admitted to conspiring with was his uncle, who drove a van loaded with marijuana and illegal aliens through a border checkpoint manned by Alarid.

Like family spy rings (such as the Cold War spy ring run by John Walker), there also have been family border corruption rings. Raul Villarreal and his brother, Fidel, both former CBP agents in San Diego, were arraigned March 16 after fleeing the United States in 2006 after learning they were being investigated for corruption. The pair was captured in Mexico in October 2008 and extradited back to the United States.

‘Plata o Sexo’

When discussing human intelligence recruiting, it is not uncommon to refer to the old cold war acronym MICE (money, ideology, compromise and ego) to explain the approach used to recruit an agent. When discussing corruption in Mexico, people often repeat the phrase “plata o plomo,” Spanish for “money or lead” — meaning “take the money or we’ll kill you.” However, in most border corruption cases involving American officials, the threat of plomo is not as powerful as it is inside Mexico. Although some officials charged with corruption have claimed as a defense that they were intimidated into behaving corruptly, juries have rejected these arguments. This dynamic could change if the Mexican cartels begin to target officers in the United States for assassination as they have in Mexico.

With plomo an empty threat north of the border, plata has become the primary motivation for corruption along the Mexican border. In fact, good old greed — the M in MICE — has always been the most common motivation for Americans recruited by foreign intelligence services. The runner-up, which supplants plomo in the recruitment equation inside the United Sates, is “sexo,” aka “sex.” Sex, an age-old espionage recruitment tool that fits under the compromise section of MICE, has been seen in high-profile espionage cases, including the one involving the Marine security guards at the U.S Embassy in Moscow. Using sex to recruit an agent is often referred to as setting a “honey trap.” Sex can be used in two ways. First, it can be used as a simple payment for services rendered. Second, it can be used as a means to blackmail the agent. (The two techniques can be used in tandem.)

It is not at all uncommon for border officials to be offered sex in return for allowing illegal aliens or drugs to enter the country, or for drug-trafficking organizations to use attractive agents to seduce and then recruit officers. Several officials have been convicted in such cases. For example, in March 2007, CBP inspection officer Richard Elizalda, who had worked at the San Ysidro, Calif., port of entry, was sentenced to 57 months in prison for conspiring with his lover, alien smuggler Raquel Arin, to let the organization she worked for bring illegal aliens through his inspection lane. Elizalda also accepted cash for his efforts — much of which he allegedly spent on gifts for Arin — so in reality, Elizalda was a case of “plata y sexo” rather than an either-or deal.

Corruption Cases Handled Differently

When the U.S. government hires an employee who has family members living in a place like Beijing or Moscow, the background investigation for that employee is pursued with far more interest than if the employee has relatives in Ciudad Juarez or Tijuana. Mexico traditionally has not been seen as a foreign counterintelligence threat, even though it has long been recognized that many countries, like Russia, are very active in their efforts to target the United States from Mexico. Indeed, during the Cold War, the KGB’s largest rezidentura (the equivalent of a CIA station) was located in Mexico City.

Employees with connections to Mexico frequently have not been that well vetted, period. In one well-publicized incident, the Border Patrol hired an illegal immigrant who was later arrested for alien smuggling. In July 2006, U.S. Border Patrol agent Oscar Ortiz was sentenced to 60 months in prison after admitting to smuggling more than 100 illegal immigrants into the United States. After his arrest, investigators learned that Ortiz was an illegal immigrant himself who had used a counterfeit birth certificate when he was hired. Ironically, Ortiz also had been arrested for attempting to smuggle two illegal immigrants into the United States shortly before being hired by the Border Patrol. (He was never charged for that attempt.)

From an investigative perspective, corruption cases tend to be handled more as one-off cases, and they do not normally receive the same sort of extensive investigation into the suspect’s friends and associates that would be conducted in a foreign counterintelligence case. In other words, if a U.S. government employee is recruited by the Chinese or Russian intelligence service, the investigation receives far more energy — and the suspect’s circle of friends, relatives and associates receives far more scrutiny — than if he is recruited by a Mexican cartel.

In espionage cases, there is also an extensive damage assessment investigation conducted to ensure that all the information the suspect could have divulged is identified, along with the identities of any other people the suspect could have helped his handler recruit. Additionally, after-action reviews are conducted to determine how the suspect was recruited, how he was handled and how he could have been uncovered earlier. The results of these reviews are then used to help shape future counterintelligence investigative efforts. They are also used in the preparation of defensive counterintelligence briefings to educate other employees and help protect them from being recruited.

This differences in urgency and scope between the two types of investigations is driven by the perception that the damage to national security is greater if an official is recruited by a foreign intelligence agency than if he is recruited by a criminal organization. That assessment may need to be re-examined, given that the Mexican cartels are criminal organizations with the proven sophistication to recruit U.S. officials at all levels of government — and that this has allowed them to move whomever and whatever they wish into the United States.

The problem of public corruption is very widespread, and to approach corruption cases in a manner similar to foreign counterintelligence cases would require a large commitment of investigative, prosecutorial and defensive resources. But the threat posed by the Mexican cartels is different than that posed by traditional criminal organizations, meaning that countering it will require a nontraditional approach.

DID GLOBAL FORCE HEZBOLLAH SCAM THE INS, FBI, AND CIA? CONNECT THE DOTS…

“I’m beginning to think it’s possible that Hizbollah put a mole in our government. It’s mind-blowing.”

Richard Clarke, former NSC official, comment posted on website of  The Centre [sic] for Counterintelligence and Security Studies.

The latest edition of the Transnational Threats Update from the Center for Strategic and International Studies devotes a section to the expanding global reach of the terrorist para-state Hezbollah.  Here is the introduction:

Hezbollah, founded in 1982 following the Israeli invasion and subsequent occupation of southern Lebanon, has expanded into a global organization spanning several continents. Although Hezbollah is concerned primarily with domestic Lebanese affairs, it has been tied to international acts of terror and is now said to be operating throughout the globe, including in the Americas, Africa, and the Middle East.

“Hezbollah’s Global Reach,” Center for Strategic and International Studies,  Transnational Threats Update, April 2009

There is more of interest from this report — especially about Hezbollah’s operations in the Western Hemisphere — to be read below, but at the outset the CSIS update sets the stage for a review of the intriguing case of FBI special agent and CIA operative Nada Nadim Prouty:

On June 24, 2003, NADA NADIM PROUTY, while employed as a Special Agent of the Federal Bureau of Investigation, an agency of the U.S. Department of Justice, intentionally accessed the FBI Automated Case Support (ACS) computer system to obtain information from a national security investigation being conducted by the FBI’s Detroit, Michigan field office. The case number was DE-74791. The subject matter of the investigation was the designated foreign terrorist organization, Hizballah. Defendant was not assigned to work on Hizballah cases as part of her FBI duties, and she was not authorized by her supervisor, the case agent assigned to the case, or anyone else to access information from the investigation in question. At the time, defendant PROUTY knew that she was permitted to access information from the ACS system for official business only and that the information was available only to persons having a legitimate need to know.

“Factual Basis for Guilty Plea” in Rule 11 Plea Agreement filed on November 13, 2007 in the case of United States of America vs. Nada Nadim Prouty, U.S. District Court, Southern District of Michigan, Docket No. 07-20156

The criminal case of former FBI Special Agent and CIA employee Nada Nadim Prouty is intriguing — to say the least.

Nada Nadim Prouty

The excerpt from her plea agreement (above) describes what some observers suspect was the ultimate act of  a breath-taking penetration of the most sensitive areas of the U.S. government by the Lebanese Shiite terrorist para-state Hezbollah. Anyone who thinks that Prouty’s plea agreement is all there was (or is) to this case might reflect on the stakes here — for both sides.  By copping to three counts (conspiracy, immigration fraud, and unauthorized computer access), Prouty saved herself the inconvenience of a jury trial on all counts and a potentially harsher judgment and sentence.  Her plea also saved the government the embarrassment of airing in public how Hezbollah — through this otherwise obscure Lebanese illegal immigrant — appears to have eaten the lunches of the then-Immigration and Naturalization Service watchdogs, and the counterintelligence arms of the CIA and the FBI.  Trying a case on more serious charges quite likely also would have involved the risks of using classified information that might expose intelligence sources, the methods used, and the information they have yielded about Hezbollah and its leaders. But, it wasn’t just Prouty who was part of the alleged conspiracy.  Here is a relevant excerpt from a short article in Newsweek (“A Tale of Two Women,” November 17, 2007):

The story has a familiar ring: a Lebanese woman arrives in the United States on a student visa, obtains citizenship through a fake marriage, lands a security job with access to government secrets and ends up in court. In November, it was Nada Prouty, who worked for the FBI and CIA and illegally tapped into computer files detailing investigations into Hizbullah activities (her brother-in-law was a suspected Hizbullah fund-raiser) until she was arrested. Last week, in almost identical circumstances, Samar Spinelli, 39, was brought before a Michigan judge for marriage fraud. She joined the Marines after arriving from Lebanon in 1989 and served two tours in Iraq. Coincidence? According to court papers and Justice Department sources, the two women studied together in Lebanon, came to the United States and paid two Detroit brothers, Chris and Jean Paul Deladurantaye, to marry them for citizenship. When agents began investigating Prouty, they contacted her FBI employment references. One was Spinelli.

In other words, two illegal immigrants, exploiting marriage fraud, were backstopping each other’s penetration of — or innocent employment by — U.S. military and government agencies.  Nothing on the public record confirms that Prouty was a Hezbollah mole.  And, of course, it must be said that it is possible that when Prouty peeked into those highly classified and ultra-sensitive files she was merely acting to satisfy her own passing curiosity.  Okay, maybe she admittedly did enter into a fake marriage, did conspire with others to conceal her illegal status, did lie to the INS, did lie to the CIA, and did lie to the FBI.  But being a serial liar who sneak peeks into secret national security investigation files doesn’t necessarily make her a spy for Hezbollah.

On the other hand, there is a series of dots that, if connected, draw at the least a disturbing picture.

Some Dots to Connect

1.  Hezbollah has a world class counterintelligence service. Hezbollah’s apologists like to emphasize the social good works it undoubtedly does in Lebanon for its Shiite constituency.  They either don’t know or choose to ignore the fact that Hezbollah is also one of the best and most feared terrorist organizations in history — in addition to having fashioned a formidable paramilitary force with which to confront not only its sworn enemy, Israel, but anyone else who gets in its way.  Its operatives have bloodied their hands in Iraq helping to kill U.S. military personnel by means of improvised explosive devices, one of Hezbollah’s strong points.  Some observers have opined that Hezbollah has the best light infantry in the world.  Hezbollah’s deep and singular relationships with Syria — which historically sees Lebanon as part of Greater Syria — and Iran, whose militant mullahs created Hezbollah in the early 1980s and of whose terrorist force Hezbollah is an elite appendage, add more layers of potential to its sinister designs.  It is in and through Iran that Hezbollah is killing American soldiers today in Iraq. A blood-stained organization like Hezbollah has lots of enemies.  It is thus in need of good counterintelligence.  The classic functions of counterintelligence are (1) to keep enemy intelligence agents and infiltrators out of one’s business, using both physical and intellectual means, and (2) to penetrate one’s enemies to learn their secret plans, using both infiltration and technological methods. “Hezbollah has a very robust counterintelligence capability,” retired FBI agent Ken Piernik — who was once in charge of the unit monitoring Hezbollah in the United States — told me when I was researching Lightning Out of Lebanon: Hezbollah Terrorists on American Soil with my co-author, television producer Barbara Newman. We cited in the book the example of the secret visit of a small team of counterterrorism agents from the FBI’s New York field office to the Tri-Border Region of South America (recounted to us by one of the agents who is now a senior counterterrorism official):

There was no official welcoming party for the FBI agents. Only the minimum advance notice had been given to the host country’s officials. This was to be a quiet surveillance of Hezbollah operatives in the region, done with a level of discretion only one notch above undercover work. Before the agents could complete the short walk across the tarmac to the terminal building, however, the chirping of their pagers joined the drone of the buzzing insects. Someone in New York urgently needed to talk to them.

The news was sobering. A fax had just arrived at the New York field office. It contained only a picture of the agents–as they left their plane minutes before. The implicit message was clear: We know you’re here. We’re watching. It was a classic example of Hezbollah’s superb counterintelligence, another reason why American officials consider the group to be so dangerous.

Lightning Out of Lebanon, Pages 93-94

Hezbollah’s counterintelligence program is backed up by the worldwide service of the Iranian diplomatic and intelligence services.  Their diplomats provide in-country points of contact, expertise, and use of the diplomatic pouch privilege, and constantly seeks to exploit or enlist the aid of the Lebanese diaspora.

2.  “Friends of Theirs” — A Connected Gang of Three

Friends of Theirs Number One: Hassan Nasrallah and Iran's Holocaust-denier-in-Chief Mahmoud Ahmedinijad

Friends of Theirs Number Two: M. Ahmedinijad and Syria's Bashar al-Assad

3.  Nasrallah has personally directed a wave of Hezbollah infiltrators into the United States in the past. No later than the early 1990s, Nasrallah and other Hezbollah shot-callers decided to flood the United States with operatives.  Their primary mission would be to raise funds — principally through criminal schemes — and to obtain “dual use technology” — technology that has  both military and civilian uses and is restricted for export. These operatives would use or manipulate members of the Lebanese diaspora.  The cells they created would also be available as infrastructure in place should the day come when Hezbollah and its friends, Iran and Syria, decide to unleash a terrorist attack within the United States.

A Young Mohammed Hammoud and Nasralllah (With Beard)

It appears that Nasrallah was personally involved in the decision and with the operatives selected to go to the United States.  The leader of the Hezbollah cell in Charlotte, North Carolina, Mohammaed Hammoud, about whom we wrote in Lighting Out of Lebanon, personally knew Nasrallah since his early teens at least.  Hammoud placed direct calls to Nasrallah from the United States. Among the items that the FBI seized when it took down the cell (on charges of providing material support to a terrorist organization) were apparently “dual use” photographs.  These were pictures taken at such sites as the White House — useful as mementos and as surveillance tools for attack planning.

Souvenir or Surveillance? Hezbollah Cell Leader Mohammed Hammoud (Right) and Cousin at the White House

The CSIS Transnational Threats Update summarizes another infiltration that we wrote about at length in Lightning Out of Lebanon:

To date, there have been no confirmed cases of terrorists transiting the U.S.-Mexican border to carry out attacks within the United States. Hezbollah members and supporters are known, however, to have entered the United States via Mexico, including Salim Boughader Mucharrafille and Moahmoud Youssef Kourani.  Mucharrafille was arrested in 2002 for smuggling 200 people, including some suspected Hezbollah supporters, into the United States, while Kourani illegally crossed the border in 2001 and was later charged with and convicted of providing “material support and resources…to Hezbollah.”

Please note the qualifying phrase “to carry out attacks within the United States.”  If and when the Hezbollah-Syria-Iran terrorist consortium decides to attack within the United States, it will have at least some infrastructure and long experience in penetrating our borders through a variety of means.

Nada Prouty's brother-in-law Talal Chahine sitting in a place of prominence to the right of Hezbollah Spiritual Leader Sheikh Modhammed Fadlallah, who issued the fatwa authorizing the Marine Corps barracks bombing of October 1983. At the time of the above photos, Prouty was a FBI Special Agent. (Caption and photo from Centre for Counterinelligence and Security Studies)

4. Nada Nadim Prouty also had family connections to Hezbollah. According to the criminal information filed in Prouty’s case, her sister and brother-in-law (a fugitive) not only appeared at a Hezbollah fund-raiser in Lebanon, but her brother-in-law spoke at the event:

In August 2002, Elfat El Aouar and Talal Khalil Chahine … attended a fund raising event in Lebanon. The keynote speakers for the event were Chahine and Sheikh Muhammad Hussein Fadlallah…Sheikh Fadlallah had previosuly been designated by the U.S. Department of Treasury’s Office of Foreign Asset Control as a Specially Designated Global Terrorist based upon his status as a leading ideological figure with Hizballah.

We wrote in considerable detail about Fadlallah in Lightning Out of Lebanon. Suffice it to say that his fatwahs have meant death for many of Hezbollah’s enemies, including U.S. servicemen killed in the 1983 bombing of the Marine Corps barracks in Beirut.

Are these family connection mere coincidence?

5.  As European Union Dithers About Continuing to Fund Terrorist Para-state, Hezbollah’s Foreign Service Traffics in Drugs. Hezbollah seems poised to realize its long-held dream of dominating Lebanon’s “legitimate” government.  One would hope that the United States would cease sending aid to Lebanon should that happen.  After all, would we help New York City if La Cosa Nostra seized formal control?  But the European Union, on cue, can be expected to dither. Meanwhile, Hezbollah’s “foreign service” continues to generate funding for the para-state, in large degree through global criminal enterprises.  Here is the CSIS report on Hezbollah’s ongoing operations in the Western Hemisphere:

Hezbollah has long been involved in narcotics and human trafficking in South America, particularly along the tri-border region of Argentina, Brazil, and Paraguay. The organization’s reach, however, appears to be spreading beyond the tri-border area and into Mexico. Evidence suggests that Hezbollah is developing ties to Mexican narcotics syndicates that control transit routes into the United States. These ties worry U.S. officials in light of the ongoing and increasingly violent war between Mexican authorities and narcotraffickers, which appears to be destabilizing Mexico. Current and former U.S. law enforcement, defense, and counterterrorism officials believe that Hezbollah is using narcotics trafficking routes to smuggle drugs and people into the United States — operations that not only finance the group’s activities but also threaten to increase Hezbollah’s ability to smuggle operatives and weapons into the United States.

Taking this all together, it seems apparent to many that Hezbollah has become a true terrorist para-state.  Not quite a national entity de jure nor recognized as a nation by the civilized world, but de facto operating as a dark state.  It can be expected to continue to position itself in the Western Hemisphere, trafficking drugs, “partnering” with cartels and other traffickers, piggy-backing on Iran’s tightening bonds with Hugo Chavez’s Venezuela and perhaps other leaders antithetical to democratic governance, and infiltrating the United States homeland — establishing clandestine infrastructure and perfecting means and channels of covert entry.

Other than that, dear readers, have a nice day.

IN THE BEGINNING THERE WAS CLANTON

It grew out of the discriminatory policies of the Clanton Street gang, then one of the most powerful gangs in the city.  The Clanton Street gang limited its membership to candidates who could prove that they were of 100 percent Mexican ancestry.  The youngsters who were turned away by Clanton eventually organized their own gang and called it the 18th Street gang.  But organizing was one thing.  Solving the problem was another.  “They were getting their asses kicked by Clanton,” says LAPD gang expert Sgt. Frank Flores.  “So they opened the books to non-Mexicans.”

Tom Diaz, No Boundaries: Transnational Latino Gangs and American Law Enforcement

(University of Michigan Press, June 2009), p. 80.

The Sullen Face of the 18th Street Gang in Maryland -- Joel Y. ("Jhony") Ventura-Quintanilla

On January 18, 2009, 15-year old Dennys Alfredo Guzman-Saenz left his home in the 8100 block of 14th Avenue in Hyattsville, Maryland, a suburb of Washington, DC.  The teenager walked to a Metrobus stop in front of his house, planning to take a bus to a friend’s house.  He never made it.

The smell of brimstone was in the air.

According to the Montgomery County Department of Police, Guzman-Saenz crossed paths with the devil incarnate in the form of Joel Y. (“Jhony”) Ventura-Quintanilla and four other members of the 18th Street gang — spawned in Los Angeles in the 1980s, but now present throughout the United States.  Following the simplistically brutal traditions of gang culture, the 18th Street gangsters were out celebrating the 18th of the month — 18th of the month and 18th Street, get it? — by looking for a member of the gang’s bitter rival, Mara Salvatrucha (MS-13) to whack.

Guzman-Saenz was not yet an MS-13 member.  But he was a hanger-on or “associate.”  That was good enough for the 18th Street members’ blood lust. They fell on the youth like jackals on a rabbit, overwhelmed him, and stuffed him into a car.

Members of the two gangs are sworn to attack each other, a rivalry that began back in Los Angeles during the 1980s.

As noted in the quote from my forthcoming book at the top of this posting, the 18th Street gang started out in Los Angeles as an alternative for would-be gangsters who could not meet the dominant Clanton Street gang’s rule limiting membership to those of 100 percent Mexican lineage.

!8th Street Tattoos Feature Number "18" Or Combinations That Add Up to 18

But the new 18th Street gang was weak.  So the leaders “opened the books” to persons of all ethnic backgrounds.  The result was an explosion of membership and the new gang quickly rose to dominance.  Here is how the National Gang Intelligence Center’s National Gang Threat Assessment 2009 describes the 18th Street gang today:

Formed in Los Angeles, 18th Street is a group of loosely associated sets or cliques, each led by an influential member. Membership is estimated at 30,000 to 50,000. In California approximately 80 percent of the gang’s members are illegal aliens from Mexico and Central America. The gang is active in 44 cities in 20 states. Its main source of income is street-level distribution of cocaine and marijuana and, to a lesser extent, heroin and methamphetamine. Gang members also commit assault, auto theft, carjacking, drive-by shootings, extortion, homicide, identification fraud, and robbery.

A Long Way From L.A. -- 18th Street Gangster in Providence, R.I.

The 18th Street gang was formed at about the same time that a large wave of refugees from El Salvador’s civil war ended up in Los Angeles.  Before the Salvadorans formed their own gang — what would become Mara Salvatrucha, and later MS-13 — some of the refugee youth joined the 18th Street gang under its open book policy.

According to some gang experts, the singular animosity between the 18th Street gang and MS-13 stems from the fact that leaders of the new Salvadoran gang considered those who had joined 18th Street as “sell-outs” and viewed them with murderous contempt.  Murder, counter-murder, and counter-counter murder followed.

Whatever the complex of reasons, there is no doubt that in the United States and in Central America — where the gangs metastasized during the 1990s after gangsters were deported there from the United States — members of the two gangs attack and kill each other in brutal fashion.

Here, according to a local news report (Montgomery News Gazette), is what happened to Dennys Alfredo Guzman-Saenz:

When they [the 18th Street gangsters] saw Guzman-Saenz, who was not in MS-13 but had friends who were, they posed as MS-13 members to determine if he was affiliated with the gang. Guzman-Saenz was abducted after he provided information about MS-13, police said.

Prosecutors said Guzman-Saenz was beaten and stabbed once in the car in Langley Park, according to a brief account given by Assistant State’s Attorney Jeffrey Wennar at bond hearings for four of the suspects Monday. The gang members took the teen to a suspect’s residence in Germantown, then to Malcolm King Park in Gaithersburg [another Maryland suburb] . Guzman-Saenz was taken to a stream in the park and stabbed 72 times, Wennar said.

A jogger found Guzman-Saenz dead in the park at 7:30 a.m. Jan. 19.

The Washington Post adds this detail:

Immediately after the stabbing, one of the suspects went to a grocery store to buy a celebratory beer, police said in charging documents made public yesterday. The suspect then returned to his kitchen a knife used in the killing, and he and his roommate later used it to prepare food, according to the documents.

One could dismiss this incident as so much inter-gang warfare, not of much consequence to the rest of us.

That, however, misses several points.

One is the sheer brutality characteristic of both gangs.  Another is the hazard anyone faces in crossing paths with such gangsters.  Finally, gangsters like the ones involved in this little drama are the foot soldiers of much bigger enterprises connected to the illegal drug trade and to the trade in other contraband, including firearms and human beings.

Project what this will look like five or ten years down the road.

Chandra, Ingmar, and MS-13–Crossing the Devil’s Path

Hick1: Down in Texas, where I come from, we just go out and get a man and string him up.

Hick2: That’s right!

The Ox-Bow Incident (1943)

Ingmar Guandique, Shown in Booking Photo From Earlier Crimes, Is Accused of Slaying Chandra Levy on a Trail in Washington, DC's Rock Creek Park

The news media couldn’t get enough of former Congressman Gary Condit in 2001.  Shortly after Chandra Levy, an intern in his office, went missing, it was revealed that Condit and Levy had an affair.  Stephen Marshall’s Guerrilla News Network pretty fairly sums up the frenzy here:

For months until the morning the Twin Towers were hit, it was Condit — not bin Laden — who was the most despised man in America. Especially on cable news, where Condit was linked week after week to murder, with no end to speculation about how he’d caused the tragedy. Perhaps Levy died during rough sex with the congressman. Or her death was connected to Condit’s ex-con brother. Or Condit’s buddies in a motorcycle gang. Or because Levy was pregnant with Condit’s baby.

Smart, “sophisticated” people — some of  whom as lawyers should have known better — were standing in line to string up Condit.  Tyburn Gallows was too good for this murderous creep. Queen of Hearts: “Sentence first! Verdict afterward.”

The so-called “main stream media” was equally culpable of rushing to judgment:

A few newspapers also fed the frenzy. The Washington Post published a page 1 exclusive about an alleged affair Condit had years earlier with a teenage girl. The story was based on the girl’s father, a minister, who later admitted he concocted the tale.

Condit Got Ox-Bow Lynch Mob Treatment in 2001

Eight years later, life and death have moved on, as they curiously enough always do.

And now, according to charges brought in Washington, it turns out that a Salvadoran immigrant named Ingmar Guandique, a member of the notorious transnational Latino gang Mara Salvatrucha (MS-13), may have waylaid Levy and murdered her in a remote section of a trail in Washington’s popular Rock Creek Park.  Guandique was already serving time for other attacks in the park when he was arrested and charged with Levy’s murder.

Putting aside Condit’s lynching — and don’t expect any media apologies — several things struck me about this case after reading a detailed affidavit in support of the arrest warrant.

One is the savagery with which Guandique apparently acted.  This is a hallmark of MS-13.  According to the FBI, most of the crimes committed by MS-13 “are exceedingly violent.”

I write in detail in my book on MS-13 and other transnational Latino gangs (18th Street and Latin Kings in particular) about three particularly brutal murders in Texas and Virginia committed by MS-13 gangsters.  All of them involved remorseless hacking with knives.  I also tell the story of a Christmas Eve massacre on a bus in Honduras led by an MS gangster known as El Culiche, “The Tapeworm.”  [No Boundaries: Transnational Latino Gangs and American Law Enforcement (University of Michigan Press) will be released next month (June 2009).  It is available now for pre-order on Amazon, Barnes & Noble, and other internet book stores.]

"Mara Salvatrucha" Tattoo, Clearly Visible in Latest Perp Walk Photo, Was Not Present in Earlier Booking Photo (See Above)

Another thing is the puzzle of exactly when Guandique joined MS-13.   The news media mentioned Guandique’s membership in stories about his recent arrest, but none to my knowledge explored it in depth.  When did he join, for example?  Mug shots from Guandique’s earlier arrest clearly do not show any facial or neck tattoos (see above photo).  But in a “perp walk” photo shot at the time of his most recent arrest, he sports a flamboyant MS tattoo on his neck.  The arrest warrant also describes tattoos on Guandique’s body, including among others the “devil’s horns” which is also an MS-13 “gang sign” (a recognition conceit “thrown” with hands and fingers):

Thus, when officers arrested Guandique at Victorville Correctional Institute in Adelanto, California:

Your affiant observed many gang-related tattoos on Guandique’s body, including the words “Mara Salvatrucha” on his neck, a picture of a devil on the top of his head, an image of the character “Chuckie” holding a knife on his back, and a naked female on his chest, as well as the letters “M” and “S.” Additionally, a photograph of Chandra Levy, appearing to have been taken from a magazine, was recovered from Guandique’s cell.

No one who is not a “jumped in” member of MS would dare to wear these tattoos, certainly not in a prison.  That false flag would be a self-executing death warrant.

Object example: A few years ago, a young man in Northern Virginia boasted of his membership in the Salvadoran gang while ordering at a fast food restaurant.  Unfortunately for him, two genuine MS-13  members were present.  They beat him to death when he couldn’t back up his claim.

Guandique Was Nicknamed "Chucky," Allegedly Because of His Predilection for Hacking People Up

So clearly Guandique is MS now.  But was he a member all along, including at the time of the alleged murder?  Or was he recruited in prison?  I don’t know.  One of the witnesses quoted in the affidavit appears to be talking about a long history with MS:

W10 stated that it [sic] has known Guandique for many years. During the course of several conversations between W10 and Guandique, Guandique boasted to W10 that he was a member of MS-13 and that he committed many robberies. Guandique boasted further that he was known as “Chuckie [sic],” because he had a reputation for killing and chopping up people. Guandique also confided to W10 his thoughts about women. Specifically, Guandique told W10 that he committed many crimes against women, including rapes. Guandique stated that he and his gang members grabbed girls that they liked and wanted, as follows: Guandique said that he would hide on a dirt path and wait for the girl to walk by. He would then lasso the girl around the neck and tie her hands and feet together behind her back to prevent her from scratching or kicking him…Guandique admitted that he did not always know whether his victims were still alive at the end of the attack, but that it did not matter, because they would be eaten by animals…

This matter of how long Guandique was a member of MS-13 will no doubt be cleared up at trial (something Rep. Gary Condit never got before his verdict and sentence).

Finally, the affidavit supporting Guandique’s arrest pretty clearly lays out the government’s theory of the case and supporting evidence.  Although the so-called “CSI defense” (lack of forensic evidence such as DNA, etc.) will no doubt be raised by the defense — as it was in the trial of a tragic “collateral damage” murder of a 7-year old in Chicago that I write about in No Boundaries — the government has a strong circumstantial case, including other statements and eye-witness identifications from female victims Guandique attacked in the park, and Guandique’s own jail house statements.

For example, one of the women who was attacked by Guandique in the park broke free using a self-defense technique involving digging her fingernails into his soft palate. She later identified Guandique and had this to say of him:

I do not doubt for a minute that he purposefully stalked me as a hunter tracks his prey. I know in my gut, that given the chance, he would not hesitate to repeat his crime on some other woman and it scares me to think what would happen if she was not prepared with some sort of self defense.

Guandique also wrote letters to another witness (“W9″) in which he admitted to killing a woman in the park:

W9 said that during the course of these communications Guandique wrote that he spent time in a park in D.C. and that he was responsible for the murder of a young woman. W9 became nervous of Guandique given that he had admitted to killing a young woman and later, during a recorded telephone conversation with Guandique, questioned him about the murder. During the recorded conversation Guandique acknowledged that he had told W9 about the “girl who’s dead.”

The affidavit lays out a much stronger case against Guandique than one might gather exists based on reading or watching news accounts.  However, Ingmar Guandique is, of course, entitled to the presumption of innocence at law.

So was Gary Condit.

That and a dog would have gotten him one friend in Washington in 2001.

MS "Devil's Horns" Gang Sign

Are Drug Legalizers Smoking Dope? A Range of Strong Opinions on What to Do

Should This Be Legal? And What Else?

California Governor Arnold Schwarzenegger has done what many politicians in Washington only do off-the-record and preferably alone in a sail boat thirty miles off-shore:  suggest a national debate about legalization or decriminalization of some currently illegal drugs (in this case, marijuana).

The subject is percolating, perhaps because of the hurricane of drug violence battering Mexico.  Mark Kleiman wrote a long piece in The American Interest two years ago that is worth reading now.  Here is an excerpt:

…the first step toward achieving less awful results is accepting that there is no one “solution” to the drug problem, for essentially three reasons. First, the potential for drug abuse is built into the human brain. Left to their own devices, and subject to the sway of fashion and the blandishments of advertising, many people will wind up ruining their lives and the lives of those around them by falling under the spell of one drug or another. Second, any laws—prohibitions, regulations or taxes—stringent enough to substantially reduce the number of addicts will be defied and evaded, and those who use drugs in defiance of the laws will generally wind up poorer, sicker and more likely to be criminally active than they would otherwise have been. Third, drug law enforcement must be intrusive if it is to be effective, and enterprises created for the expressed purpose of breaking the law naturally tend toward violence because they cannot rely on courts to settle disputes or police to protect them from robbery or extortion.

More recently, Moises Naim  wrote a short, provocative article titled “Wasted” for Foreign Policy magazine in which he stated:

As a result of this utter failure to think, the United States today is both the world’s largest importer of illicit drugs and the world’s largest exporter of bad drug policy.

I was curious what thoughtful people think about our drug policy and its results.  So I sent the link to a bunch of serious people I know.  I would estimate that about half replied.  (Some no doubt thought that the better part of a career is not putting any views about drugs in writing.) I assured my correspondents that I would not attribute their remarks.  So no names are attached to any of what follows.  But the diversity of their views is impressive, at least to me.  (I made only a few minor edits to correct misspellings and the written equivalents of “you know” and “uh…”):

Health professional

This parallels an article in The Economist a few months back, which made the case that alcohol prohibition entrenched the mafia into US society and that the global drug lords are a modern version of the ‘untouchables’.

The worldwide shortage of Morphine should be included in any analysis of Afghanistan’s heroin industry, though it’s seldom mentioned.

Scholar at a Defense Institute

In general I think that we have to continue with some level of drug trade suppression, but that if we define it as a war it will never be won….The drug war has to be divided conceptually according to the various drugs because they are so distinct in terms of source, shipment variables and toxicity…

Legalization or degrees of permissiveness in use are generally bad ideas in spite of my tendency to believe in the power of the free market.  This is because of the power of the free market.  Although the government could make heroin use legal, for instance, it could not keep people from suing the makers and distributors of such a substance in tort, thus forcing it back to a black market anyway, etc.

In a society wherein cigarettes are being made illegal slice by geographic slice, it is tough to envision a successful movement to make more dangerous substances legal. Additionally, the drug trade fuels other organizations, most of which are bad, so suppression is not just about keeping a kid in Kansas safe, its is about Chavez not having quite as much money with which to screw us.  More or less there it is in a nutshell.

Former Senior Federal Law Enforcement Official

Our government should have been spending far more money for demand reduction for many years, and most anyone you talk to in DEA will agree with that statement.  However, the author alludes to legalization as the answer, and I could not disagree more.  The worst period in our nation’s history for drug abuse and addiction was the 30-40 year period after our Civil War.  One in every 200 Americans were addicted to cocaine or heroin/morphine/opium, and far more were abusing one or more of those drugs.  Those drugs were unregulated and could be purchased off the shelf of any drug store in the country.  ‘Legalization’ didn’t work then and I don’t believe it will now.  The Netherlands’ parliament is now routinely debating the success of their lax drug policies/laws, after they’ve experienced continually rising crime rates and declining quality of life in their city parks, etc.  The bottom line—you can’t control the actions of people under the influence of powerful stimulant and depressant drugs; people simply don’t act responsibly while under their influence.  That’s why there are countless examples of cocaine, meth, GHB, PCP, etc. addicts shooting their next door neighbor or siblings, because they thought they were going to kill them.

Legalizers will often say that alcohol prohibition didn’t work, so drug prohibition will never work.  The numbers of Americans treated for alcoholism and liver disease decreased significantly during the prohibition years, as did the numbers of alcohol related highway deaths.  The vast majority of Americans who use alcohol, do not abuse alcohol.  When I mow the lawn on a hot summer day, I thoroughly enjoy a cold beer or two when I’m done, but I do not drink those beers to alter my behavior.  When my wife cooks my favorite Italian pasta dish, I enjoy complementing the meal with a glass or two of red wine.  I do not drink the wine to alter my behavior in any way.  However, those who use the drugs I mentioned earlier, or any other illicit mind altering drugs, including marijuana, are doing it for one reason and one reason only—to seek a sense of euphoria and ultimately an alteration of their behavior.

No responsible nation has ever decriminalized drugs that did not eventually re-criminalize them, because they experienced skyrocketing addiction and abuse rates, workplace accidents, highway deaths, insurance rates, etc.; at the same time experiencing significant decreases in school equivalency/efficiency test scores, workplace output, etc.  And what drugs would we legalize, and who/what would regulate their manufacture (to pharmaceutical standards), marketing, distribution, taxation, etc.?  The federal government (you’ve got to be kidding me)?  Will we legalize PCP, heroin, methamphetamine, cocaine, GHB (the date-rape drug), ecstasy?  How about 3-methyl fentanyl, a synthetic form of heroin 1,000 times more potent then heroin?  Do we allow the user of cocaine hydrochloride to ‘crack’ it up on the kitchen stove with basic household products?  By the way, what’s the age limit we attach to drug use?  Is it 21?  Is it 18?  And do we really want the traffickers, after we legalize drugs, to suddenly prioritize their focus on our fellow citizens under the designated legal age—our kids?

The reality of the situation is that we do a pretty damn good job of keeping a lid on our drug problem here in the U.S.  We did not experience over 6,000 drug related deaths on our streets last year; we did not have over 200 drug related beheadings in the U.S. last year; we did not have our Deputy Attorney General arrested for taking multi-hundred thousand dollar payoffs from drug lords; we did not have to throw our military into the fight domestically because our federal, state and local law enforcement community had become so corrupted by drug cartels that they could not be trusted; etc.  This should at least be considered as one of the ways we measure success against drug abuse and trafficking in our country.  There are somewhere between 40% to 50% fewer Americans abusing illicit drugs today than in 1979 at the height of the most recent era of drug abuse in our country.  If some medical research team had reduced the number of cases of diabetes by 40% to 50% since 1979, someone would be getting a Nobel prize.

Finally, we’re not winning the War on Domestic Violence.  Should we legalize it?  We’re not winning the War on Racism?  Should we legalize it?  We’re not winning the War on Corporate Fraud.  Should we legalize it?  We’re not winning the War on Child Pornography.  Should we legalize it?    The only thing we accomplish by legalizing drugs, is that we provide our kids and other citizens with greater access to cheaper, more potent and powerful mind-altering, addictive substances.  Don’t we have enough problems to deal with?

Lawyer in criminal division of a federal law enforcement agency

Very interesting – it does seem clear that the war is a failure, and we are losing.  The new ONDCP Director (Kerlikowski) will focus on demand reduction as well, but it certainly seems reasonable to explore ways to take the vast criminal profit out of the drug trade.  Unfortunately, no one can say that politically – though, who knows, maybe Arlen Spector will lead the charge as a Democrat?

Personal friend, retired from government, lives in Colorado

I totally agree with this article. In fact, I believe that failed US policies are largely responsible for the Mexican drug wars and their spillover here. If we 1) legalized marijuana and 2) had the same gun policies as Mexico itself, where it is very hard to buy guns, then much of the drug-fueled violence would cease. But what are the chances that either of those things could happen? Even Obama seems afraid of the NRA!

Retired gang investigator, California

…seems logical, but a few things I observe:  Yes, we are losing the war on drugs, just like Viet Nam, and in some respect Iraq.  We have no real political spine for wars.  Our congress has no general consensus on either.  The ideological lock that is occurring in Congress prevents anything meaningful from passing.  I agree we need prevention and treatment, but we also need border control and to toughen the import routes.  Narcotic crimes are not victimless, we have a lot of violence associated with it, and legalizing it is not an acceptable answer.  We have many murders not related to narcotics, in fact, more than those that are.  Should we legalize the murder of wives by irate husbands, or soiled daughters like the Taliban advocates?  The obvious answer if NO, absolutely not.  Let us seal the borders against the importation of human traffickers and narcotics.  It could be done with minimal legislative change, and with the support of Congress.  That is unlikely, so we will probably be having this same argument 10 years from now.

Congressional staff member

I’ve long believed that the “war on drugs’ (another asinine “contribution” to our national lexicon from the guy who gave us the suffix “gate”) has been more than a colossal failure; it has inflicted great harm on the nation, and on other nations (see e.g. Mexico at the moment).  Would the drug gangs in the US and Mexico (and Colombia, Afghanistan, etc.) have that much money and influence if RJ Reynolds sold grass in the corner bodega for $5 a pack?  Hardly.  What would happen to the shooting war?  When was the last time someone got wasted over a shipment of bathtub gin?  When was the last time someone went blind drinking bathtub gin?  Do our kids even know what bathtub gin is?  Prohibition made local gangs into the modern mob, and we’ve done the same with the war on drugs.  Public opprobrium, and the war on drugs lobby, which includes everything from prison industrial complex to the guys who make those idiotic “DARE” t-shirts, are substantial impediments to a more rational policy.  It is also the case that many illegal drugs are extremely harmful.  The only question for policy makers is whether the current legal regime is the best, or at least the least bad, way to deal with those harms.  Decades of experience tell us no.  We can’t even get a consensus for treatment on demand, or guaranteed treatment for people ready to get clean.  I had the experience in [New York]  of trying to get junkies who showed up in my office looking for treatment.  Even calling from an Assembly office I couldn’t get them in.  Our way of treating these people is with prison.  We also make the richest guy in the neighborhood the pusher.  That may be self-satisfying for some people, but it’s not really a solution. We get the problems associated with drug use, plus a failure to help addicts, and we create significant deleterious associated problems.  Not terribly helpful.

Prominent criminal defense lawyer

…we pay a tremendous price for the legalization of alcohol—drunk drivers, alcoholism, etc. I am not advocating abstinence, but in reality we suffer greatly for legalization.  We will pay a much higher price if drugs are legalized.

I agree the war on drugs has not been won, but continuing to fight the war is better than giving up.  The “war” has saved lives, other social ills in our society and will continue to so even if we never achieve anything close to total victory.  If we legalize say even marijuana it will become a slippery slope to much more.  I am more concerned about what I believe will be a drug pandemic in our country— is far more important than angst caused in Afghanistan, etc.

Moreover, if we give up—what does it say about our resolve in other areas when the going gets tough?  Another black hawk down maybe of which Ben Laden took note.

If when we can not fully control something, we surrender, what a sorry state that will be.

Retired senior federal law enforcement official

1. Just like with wine allow every family to have two pot plants for personal use
2. Provide drug addicts amnesty with free drugs
3.Increase penalty for all drug traffickers to death – send special ops teams to other countries to bring ‘em back dead or alive if needed.

I wonder what you think?

ROT IN THE BIG HOUSE — PRISON CORRUPTION, PART THREE

Luis Molina (William Hurt): The nicest thing about feeling happy is that you think you’ll never be unhappy again.

Kiss of the Spider Woman (1985)

The worst thing about petty corruption is that you think you’ll never get caught.

So you move up to grand corruption.

And maybe murder.

As Fairly Civil explored in Part One and Two of this series, the illicit drug trade and the prison gangs that control it behind bars drive much of the corruption in prisons.  But drugs are not always the prime mover.  Correctional officers simply yield sometimes to the temptation to exploit the relatively weak and vulnerable position of their inmate charges for sex and money.

A shocking 2006 shootout at the entrance to a federal woman’s prison in Florida pulled back the curtain on a long-running scheme in which six federal corrections officers were exploiting female offenders.  The male guards were trading privileges and contraband for sex and cash, using threats to cover up their corrupt acts.

Federal Agents At Scene After 2006 Shootout at FCI near Tallahassee, Florida

After a federal grand jury handed up a secret indictment of the guards, FBI and U.S. Department of Justice Office of the Inspector General (OIG) agents set out to make arrests.  The agents arrived at the Federal Correctional Institute (FCI) near Tallahassee, Florida early on the morning of June 21, 2006.  It appears that the arrest team did not expect resistance because the indictment was supposedly secret — although the fact of the investigation seems to have been known — and guards were not allowed to bring guns into the prison.

U.S. Department of Justice OIG Special Agent William "Buddy" Sentner Was Shot to Death By Indicted Prison Guard

Guards were not searched, however.  One of the indicted federal Bureau of Prisons (BOP) officers, Ralph Hill, had smuggled in a personal gun.  Hill must have known something was up, as he had retained counsel.  In any event, he opened fire on the arresting agents.  Hill shot OIG Special Agent William “Buddy” Sentner to death, and was himself killed in the melee.  Another correctional officer assisting in the arrests was wounded.  The DOJ shooting report on the incident has not been publicly released, at least to my knowledge.

Three of the accused officers pleaded guilty and two other were convicted of various charges after trial.

Alfred Barnes was among those who pleaded guilty.  The “Factual Basis For Plea” filed in his case (U.S. District Court for the Northern District of Florida, Docket # 4:06cr36-RH) lays out the whole scheme in dry, prosecutorial, but nonetheless sordid detail.  Because it is Barnes’ admission, it probably is about as reliable a first-hand description as one can get from this record:

During the period alleged in the indictment, there existed among defendants a tacit agreement to use and help one another to use their positions as correctional officers for personal gratification and financial gain, contrary to the law and the public’s best interest. This agreement included the understanding that certain defendants would have sexual contact with inmates, would introduce contraband into the prison to sell and use as bribes, and would have inmates and others send money via the U.S. Postal Service and other means of payment for contraband.

Barnes’ statement lays out several specific examples of how the scheme operated.  Here is one from among them:

Defendant Barnes…accepted bribes in the form of payments and sexual favors from Inmate #1 in exchange for providing her with contraband. Inmate #1 would have associates outside of FCI Tallahassee mail money or contraband to him using a name different than his own to…[an] address in Thomasville, Georgia, that defendant Barnes provided. Defendant Barnes received money and sexual favors as compensation for bringing the contraband into FCI Tallahassee. The contraband…that defendant Barnes brought into FCI Tallahassee pursuant to this scheme consisted of alcohol, cosmetics, clothing, jewelry, and cigars.

The admission also describes how Barnes and the others sought to cover up their criminal conduct:

It was understood that to facilitate and conceal these unlawful activities, certain defendants would take steps to discourage inmates from reporting defendants’ illegal conduct.  These steps included threatening to plant contraband among the inmates’ belongings, threatening to have inmates shipped to institutions far from their friends and family, monitoring inmates [sic] telephone calls, directing inmates not to cooperate with Department of Justice investigators, and displaying the BOP computer tracking system to inmates to show how defendants could monitor the whereabouts of the inmates even if they were transferred to another institution.  Contrary to their duty as correctional officers, it was also understood that defendants would keep silent and not report the conduct and violations described above.

This sleazy scheme brings the “women in prison” movie genre to life.  But in real — as opposed to “reel” — life, the corruption undermines the whole system.  One former female inmate told the Tallahassee Democrat (June 21, 2007) after the case was concluded that officials “brushed everything under the carpet.”

“It just dies down for a while,” she said.  “All the officers watch their steps, and they watch what they do.  But then when they think it’s cool, they slack, and they start doing it again.”

“We have zero tolerance for any abuse towards an inmate,” said a BOP spokesman.

ROT IN THE BIG HOUSE — PRISON CORRUPTION, PART TWO

I woke up this mornin’,
There were tears in my bed.
They killed a man I really loved
Shot him through the head.
Lord, Lord,
They cut George Jackson down.
Lord, Lord,
They laid him in the ground.

“George Jackson,” Lyrics by Bob Dylan, sung here.

[Metropolitan Transition Center Guard Musheerah] Habeebullah is quoted as saying it used to be that just one officer on a shift might smuggle contraband.

“Now you got, like, seven, eight people,” she said. “Soon it’s the whole [expletive] shift.”

Henri E. Cauvin, “Inmates, Md. Prison Guards Face Drug Smuggling Case,” Washington Post, April 17, 2009

George Jackson Founded the Black Guerrilla Family in a California Prison. He and His Book -- "Soledad Brother" -- Were Cultural and Political Icons for Some During the Racial Turmoil of the 1970s

A task force of federal, state, and local law enforcement agents fanned out at the crack of dawn one day last week in Maryland and arrested a singular mix of miscreants: Black Guerrilla (also spelled “Guerilla” in some sources) Family prison gang members — and some of the correctional officers charged with guarding them.  The case — led by the Drug Enforcement Administration (DEA) and United States Attorney for the District of Maryland Rod J. Rosenstein — is a current example of the problem of corruption in prison, often (but not always) driven by the corrosive trade in illicit drugs.  (See Part One here for an introductory overview.)  The Washington Post described the scheme:

Prosecutors said the gang known as Black Guerilla [sic] Family recruited prison employees and used hidden compartments in shoes to smuggle heroin, ecstasy, tobacco, cellphones and other contraband into prisons in Maryland and elsewhere.

The gang members sold the drugs to other inmates, prosecutors said. They allegedly used the cellphones to communicate with associates outside, approving targets for robberies and arranging attacks on cooperating witnesses.

There is no doubt that the enormously profitable drug trade is corrupting some prison staff.  The question is, how widespread is the problem?  According to the reported excerpt from a federal wiretap quoted above, Maryland guard Musheerah Habeebullah apparently thinks it is widespread, at least where she works.  She may be right, or she may have been rationalizing her alleged actions — thinking something like, “Everybody’s doing it, so I’d be crazy not to get my share!”

Gary D. Maynard, the head of the Maryland agency that oversees prisons, said at a press conference that, while the allegations in this case are serious, he does not think they are widespread.  “I strongly believe that the majority of our staff are good,” he said, “but it only takes a few bad seeds to make everyone look bad.”

At the federal level, the U.S. Department of Justice’s Office of the Inspector General reported last year that it had 238 open cases of alleged misconduct against federal Bureau of Prisons employees.  This is a mere fraction of the agency’s approximately 36,000 employees (of whom about 26,000 are male, and 10,000 are female), supervising about 167,000 inmates in BOP facilities.

But given that many modern prison gangs control a bigger criminal structure outside of the prison walls — as is apparent in this case — even just a few corrupt corrections officers may be “force multipliers.”  Their cooperation is the fulcrum to a lever of violent gang criminality that affects victims in the “free world” as well as in prison.

Power of Prison Gangs

Retired Los Angeles County Sheriff’s Department Sergeant Richard Valdemar explained to me that he only began to understand fully the dimensions of his rookie assignment at the Los Angeles County Jail when an older inmate (a cop-killer, by the way) took him aside to explain the facts of jail life.  The inmate explained that gangs ran the world inside the wall.  From that incident — described in my forthcoming book No Boundaries: Transnational Latino Gangs and American Law Enforcement (University of Michigan Press June 2009) — Valdemar learned that he had to “see” two different worlds inside the walls:  the official world and the gang world.

In the Maryland case, it appears prison authorities would not disagree.  This is from the Washington Post story:

“The BGF runs the prison system when it comes to controlling contraband,” said Capt. Phil Smith, assistant director of the state prison system’s intelligence unit.

This is also confirmed by a tidy description of the power of prison gangs from the web site Into The Abyss: A Personal Journey into the World of Street Gangs,by Mike Carlie, Ph.D.:

In gang-dominated prisons, gangs rule the roost. Which inmates eat at what times and where they sit in the dining hall, who gets the best or worst job assignments in the prison, who has money and nice clothes, who lives and who dies – all of these things, and others, are determined by gangs in the prison. Their very presence requires special attention from prison authorities.

The Black Guerrilla Family

Corrections officials call prison gangs “security threat groups,” and the Black Guerrilla Family is one of the earliest. Here is a description of BGF from the National Gang Intelligence Center’s National Gang Threat Assessment 2009:

Black Guerrilla Family (BGF), originally called Black Family or Black Vanguard, is a prison gang founded in the San Quentin State Prison, California, in 1966. The gang is highly organized along paramilitary lines, with a supreme leader and central committee. BGF has an established national charter, code of ethics, and oath of allegiance. BGF members operate primarily in California and Maryland. The gang has 100 to 300 members, most of whom are African American males. A primary source of income for gang members comes from cocaine and marijuana distribution. BGF members obtain such drugs primarily from Nuestra Familia/Norteños members or from local Mexican traffickers. BGF members are involved in other criminal activities, including auto theft, burglary, drive-by shootings, and homicide.

Here is another, more historical description from an article by Alfonso J. Valdez, “Prison Gangs 101″ in Corrections Today, February 2009:

The Black Guerilla [sic, throughout] Family is the most politically oriented of all the California prison gangs, following and espousing Marxist Leninist Maoist revolutionary philosophies. The Black Guerilla Family was established around 1966 by a Black Panther leader, George Lester Jackson, in San Quentin prison. Jackson established this group because he believed the Black Panther Party was not responding to the needs of black prison inmates. First called the Black Family, prospective members were solicited by suggesting their crimes were a result of white oppression.

Jackson soon changed the name to the Black Vanguard after a sizable membership was established. This name remained with the gang until 1971, when Jackson was killed during an escape attempt. Since that time the gang’s membership has grown and the its name changed to the Black Guerilla Family.

The Black Guerilla Family has a very close relationship with a splinter group of quasi-criminal revolutionaries, the Black Liberation Army. Some prison gang experts believe the Black Guerilla Family is just an extension of the Black Liberation Army.

There are two tattoos that are commonly associated with the Black Guerilla Family. One is a prison watchtower surrounded by a dragon with a quarter moon depicted in its body. The second shows the silhouette of a rifle with a sword lying over it to form an X, and includes the initials BGF.

BGF Tattoo of Watch Tower and Dragon

It is worth noting that although most large, national prison and street gangs are essentially criminal enterprises fueled by the illegal drug trade, many of them profess or were rooted in aspects of political ideology and mythic history.  The touchstone of these ideologies is the perception that the members of the gang are victims — even “political prisoners” — of the dominant culture’s racial or ethnic exploitation.  This is true even of the white gangs, in which case the dominant culture is not perceived as “white” but as an impure mixture dominated by “lesser” groups.

The following excerpt from a long and detailed affidavit filed with an application for a search warrant in the case contends that BGF has a national presence and is seeking to expand its power outside of prison, at least in Maryland.  The excerpt also describes some of the gang’s leadership structure:

During a series of debriefings in late 2008 and early 2009, a reliable confidential informant (CS1)who is a member of BGF advised investigators that BGF is a nationwide prison gang with a presence in every correctional institution in the country. CS1 related that he/she has been in various prisons throughout the country and at each institution there has been a faction of BGF. CS1 related that BGF is violent both inside and outside prison, but that historically BGF has not been well-organized outside of prison. CS1 stated that currently, BGF is attempting to change this within Baltimore, Maryland by becoming more organized and effective on the streets.

CS1 explained that within the prisons, BGF has a group of individuals who are in leadership roles/positions of authority and that this leadership group is known as the “Supreme Bush.” All members who are not in the Supreme Bush are considered “members” of the Bush or Mansion. The only place Bush members hold rank is within the correctional system; once a Bush member is back out on the streets, he or she is considered a regular BGF member.

Also worth noting is the insight this case gives on modern “sophisticated means” of investigation.  The 100-plus page affidavit is a classic for study of how the DEA uses Title III wiretaps to let traffickers fashion handcuffs out of their own words.  These operations were alluded to in the press release issued by the Md. U.S. Attorney’s office:

Mr. Rosenstein added, “Inmates are cautious about using monitored prison phones to run their criminal enterprises and intimidate witnesses, but they have not been as concerned about their smuggled cell phones. We want the inmates to know that we also can listen in on their cell phone calls.”

“This is the first time that DEA Baltimore provided real time inside intelligence information to the Maryland Department of Corrections,” stated Ava A. Cooper-Davis, Special Agent in Charge of the Drug Enforcement Administration, Washington Division. “Our joint effort resulted in the seizure of drugs and various contraband by DOC officials.”

Another interesting point about BGF:  Because of their blood rivalry, the two Latino prison gangs in California — the Mexican Mafia (La Eme) and La Nuestra Familia — made allies inside the walls with strange bedfellows.  Thus, the Black Guerrilla Family became an ally of La Nuestra Familia and the white racist gang Aryan Brotherhood lined up with La Eme, confounding usual racial and ethnic distinctions.

The Maryland prison case is by no means the first, last, or only such case of prison corruption driven by the drug trade.  Fairly Civil will examine several more such cases in the next post in this series.

ROT IN THE BIG HOUSE — PRISON CORRUPTION, PART ONE

An "O.G." ("Original Gangster"): "Iron" Felix Dzerzhinksy Was the Intellectual Architect of the Soviet Secret Service That Eventually Morphed Into the KGB

From their prison cells and with the help of corrections staff, authorities say, members of a violent gang were feasting on salmon and shrimp, sipping Grey Goose vodka and puffing fine cigars – all while directing drug deals, extorting protection money from other inmates and arranging attacks on witnesses and rival gang members.

Justin Fenton , “Indictments reveal prison crime world: Officers, inmates charged in drugs, extortion,” The Baltimore Sun, April 17, 2009

Situatsiya verbovochnaya — Recruitment Situation

The main circumstances which give rise to a recruitment situation include: the target’s psychological state is propitious for exerting influence on him in order to induce him to cooperate secretly; external factors which make it possible to achieve the recruitment covertly; circumstances which compromise the target and put him in a position of dependence vis-a-vis the intelligence or counter-intelligence agencies, thus creating an effective basis for recruiting him; or the availability of data offering a real possibility of a recruitment on an ideological and political basis, or on the basis of a desire to secure material or other personal advantages.

Vasil Mitrokhin, KGB Lexicon: The Soviet Intelligence Officers Handbook , p. 373

What distinguishes a corrupt prison guard from a gangster when he (or she) is working with — or for — an incarcerated gangster?

Probably only that the gangster is making a lot more money than the guard.  According to the Bureau of Labor Statistics (BLS):

Median annual earnings of correctional officers and jailers were $35,760 in May 2006. The middle 50 percent earned between $28,320 and $46,500. The lowest 10 percent earned less than $23,600, and the highest 10 percent earned more than $58,580. Median annual earnings in the public sector were $47,750 in the Federal Government, $36,140 in State government, and $34,820 in local government. In the facilities support services industry, where the relatively small number of officers employed by privately operated prisons is classified, median annual earnings were $25,050.

Better than pushing cheeseburgers.  But in a case I write about in my forthcoming book — No Boundaries:  Transnational Latino Gangs and American Law Enforcement (University of Michigan Press, June 2009) — a Mexican Mafia boss running a street gang operation from prison had a box containing half-a-million dollars in cash stored in his girl friend’s closet.  He was also receiving thousands of dollars of income monthly from a street gang operation “taxing” local dealers.

Many cases of corruption in prison are just another facet of the enormously corrosive effect of the modern drug traffic.  The most lucrative business in history is a river of acid at flood stage.  It rolls over obstructions in its path, seeks out alternate courses, and above all eats at the foundations of everything it comes in contact with — from families, to prisons, to governments.

This examination of prison corruption is no “dis’” on the many fine public servants working in our prisons.  It’s just a look at stark reality.  As of September 30, 2008, for example, the U.S. Department of Justice’s  Office of the Inspector General reported to Congress that it had 238 open cases of alleged misconduct against federal Bureau of Prisons employees. “The criminal investigations covered a wide range of allegations, including introduction of contraband, bribery, and sexual abuse.”  That is a very low rate,  considering that the BOP has about 36,000 employees (not all of whom, of course, are in contact with offenders).

Working in a "Correctional" Institution Can Be Stressful and Hazardous

Prison guards are also known as “correctional” or “detention officers.” Here is how the BLS survey describes the work:

Working in a correctional institution can be stressful and hazardous. Every year, correctional officers are injured in confrontations with inmates. Correctional officers may work indoors or outdoors. Some correctional institutions are well lighted, temperature controlled, and ventilated, but others are old, overcrowded, hot, and noisy. Although both jails and prisons can be dangerous places to work, prison populations are more stable than jail populations, and correctional officers in prisons know the security and custodial requirements of the prisoners with whom they are dealing.

Job prospects in the field are “excellent” according to BLS:

Employment of correctional officers is expected to grow 16 percent between 2006 and 2016, faster than the average for all occupations. Increasing demand for correctional officers will stem from population growth and rising rates of incarceration. Mandatory sentencing guidelines calling for longer sentences and reduced parole for inmates are a primary reason for historically increasing incarceration rates. Some States are reconsidering mandatory sentencing guidelines because of budgetary constraints, court decisions, and doubts about their effectiveness.

The problem is that in the wake of the era of law and order  — “longer sentences and reduced parole” ought to teach them a lesson — there is so little correcting and so much warehousing going on in America’s prisons, the staff are little more than widget production line drones.  Many law enforcement officials refer to prison as a place for higher education in crime.  It is certainly true for gangsters, where a spin in prison is regarded as a prestigious life passage.

Warehouse: Not Exactly A Stimulating Environment

Imagine a life in which your job is to move a monotonous series of what “the system” views as so many interchangeable product models from Point A to Point B, then to Point C, then to Point D, then back to Point A — then repeat — at more or less the same time in a monotonous cycle every 24 hours.  Now consider that the products are human beings — or, unfortunately in the view of much of today’s society, humanoid — with actual internal lives and external relationships.

Yes, they think, they feel, they bleed.  And they don’t get to go home between shifts, so imagine the boiling pressure inside your average con.  (I have visited one prison and several jails as a lawyer or journalist, and the sense of regulated confinement I felt even as a visitor was suffocating to the point of claustrophobia.  It’s hard to imagine what it must feel like to actually live or work in such a place.)

On occasion, one of these human inventory products may try to kill or maim you or — more often — another product.

Your work environment is supposed to be sterile — a sanitized place where access to life’s easy pleasures is strictly controlled or prohibited.  No drugs.  No sex.  Even rock and roll is rationed.

But some of the product forms you move about inside the concrete and steel box every day are organized into criminal enterprises — mostly prison gangs.  There is big money to be made in contraband, and the gangsters are making it.  They run prostitution, drugs, cigarettes, alcohol, access, whatever you want, they have it — for a price.  On the outside these mobsters would be driving Cadillac Escalades and sporting diamonds in their teeth.  Every now and then one of them makes a pass, figuratively waving a roll of bills in your face.  The temptation to supplement a middling civil service paycheck is seductive.

Recruiting a prison employee into corruption is not overly different than recruiting a spy.  In fact, one might say that the environment is ideal.  All that remains to be found is the person with — in the KGB’s felicitous phrase quoted above — a “propitious” state of mind.

Sean Connery Was An Incorruptible Space Marshal in Outland

A bit of dialogue from the 1981 film Outland comes to mind.  Sean Connery stars as federal marshal William T. O’Neil, one lone man fighting pervasive corruption (drug smuggling) in a futuristic but incisively metaphoric outer space prison colony:

Station Manager Sheppard: If you’re looking for money, you’re smarter than you look. If you’re not, you’re a lot dumber.
Marshal William T. O’Neil: Then I’m probably a lot dumber.

Most corrections officer are, as expressed in this film’s equation, “dumber” rather than “smarter.”

But some significant minority succumb to the wiles of Delilah and take the bait.  And, as the KGB and other such organizations know, once you bite for the little bribe — what could it matter? — you’re hooked for the bigger payoff to whomever is holding the other end of the line.  How does one explain that night with Delilah to a grim-faced administrator?

Delilah's Embrace Can Be Deadly in Prison ("Samson and Delilah," School of Rembrandt, c. 1630, Rijksmuseum)

In succeeding parts, Fairly Civil will examine some examples of corruption inside the Big House.  These cases run the gamut from the recent Maryland case involving the Black Guerrilla Family — one of the oldest prison gangs and mortal enemy of the Mexican Mafia — to corruption instigated by correctional officers themselves.  The latter include a spectacular prison lobby shootout in 2006 that took the lives of a federal agent and an indicted federal  prison guard.

Read Part two here.

BARRIO AZTECA–BORDER BAD BOYS LINKED TO MEXICAN DRUG TRAFFICKING ORGANIZATIONS — PART THREE

Peaceful View of Violence-Wracked Ciudad Juarez, Mexico

As the aerial map below demonstrates, El Paso, Texas and Ciudad Juarez, Chihuahua, Mexico lie cheek to jowl along the border.  The Barrio Azteca prison gang had its roots among offenders in the Texas prison system from El Paso.  BA is now firmly planted on both sides of the border.

The U.S. Gang Intelligence Center describes the role of border gangs generally in Mexican drug trafficking:

Some larger gangs have developed regular working relationships with DTOs and other criminal organizations in Mexico, Central America, and Canada to develop sources of supply for wholesale quantities of illicit drugs and to facilitate other criminal activities. According to law enforcement information, gang members provide Mexican DTOs with support, such as smuggling, transportation, and security.

Barrio Azteca is one of those gangs, according to the U.S. Department of Justice Gang Unit:

The Barrio Azteca is one of the most violent prison gangs operating within the U.S…primarily in federal, state and local correctional facilities in Texas, as well as on the outside in communities located in Southwestern Texas and Southeastern New Mexico. Barrio Azteca’s main source of income is derived from the smuggling of heroin, powdered cocaine and marijuana from Mexico into the U.S. for distribution both inside and outside the prison systems. Members of the Barrio Azteca often transport illicit drugs across the U.S.-Mexico border on behalf of DTOs.

Parts One and Two of this series have described the BA’s organization and provided an overview of its operations.

This Problem of Border Control Is Apparent From This Aerial View Of The El Paso-Juarez Area

But, how exactly are drugs smuggled into the United States from Mexico — whether by BA or another gang? This is a vague area of public knowledge.  It is revealed through serial anecdotes and often treated in summary description.

The private intelligence service Stratfor issued an excellent report and analysis this week going into much-needed detail about this process.  “Drug smuggling,” Stratfor reports, “is one of the most accessible ways for a gang member to make money when he is released from prison.”  The full report can be read here, but here are a few excerpts to provide a background for a look into a Texas appeals court’s description of one smuggling attempt involving a Barrio Azteca member that went awry:

As products move through the supply chain, they require more specific handling and detailed knowledge of an area, which requires more manpower. The same, more or less, can be said for drug shipments. This can be seen in interdiction reports. When narcotics are intercepted traversing South America into Mexico, they can be measured in tons; as they cross the border into the United States, seizures are reported in kilograms; and by the time products are picked up on the streets of U.S. cities, the narcotics have been divided into packages measured in grams. To reflect this difference, we will refer to the movement of drugs south of the border as trafficking and the movement of drugs north of the border as distributing.
….
The only certainties are that drugs and people will move from south to north, and that money and weapons will move from north to south. But the specific nature and corridors of those movements are constantly in flux as traffickers innovate in their attempts to stay ahead of the police in a very Darwinian environment. The traffickers employ all forms of movement imaginable, including:

* Tunneling under border fences into safe houses on the U.S. side.
* Traversing the desert on foot with 50-pound packs of narcotics. (Dirt bikes, ATVs and pack mules are also used.)
* Driving across the border by fording the Rio Grande, using ramps to get over fences, cutting through fences or driving through open areas.
* Using densely vegetated portions of the riverbank as dead drops.
* Floating narcotics across isolated stretches of the river.
* Flying small aircraft near the ground to avoid radar.
* Concealing narcotics in private vehicles, personal possessions and in or on the bodies of persons who are crossing legally at ports of entry.
* Bribing border officials in order to pass through checkpoints.
* Hiding narcotics on cross-border trains.
* Hiding narcotics in tractor trailers carrying otherwise legitimate loads.
* Using boats along the Gulf coast.
* Using human “mules” to smuggle narcotics aboard commercial aircraft in their luggage or bodies.
* Shipping narcotics via mail or parcel service.

These methods are not mutually exclusive, and organizations may use any combination at the same time. New ways to move the product are constantly emerging.

What A "Kilo" -- 1 Kilogram = 2.2 Pounds -- Of Cocaine Looks Like. This Was Smuggled Into Montreal In A Bucket Of Frozen Mango Puree. Yummee!

A 2004 Texas appellate court decision, Ojeda vs. Texas, contains a nitty-gritty description of the reality of the cross-border pipeline in a particular kind of transport — the use of the body cavities of human “mules.”  Stratfor reports that “a large part of the process simply involves saturating the system with massive numbers of expendable, low-skilled smugglers who are desperate for the money.”

The story unfolds as Alejandro Ojeda and his female passenger attempted to cross the border into the United States.  They seem to be their own worst enemies — but, remember that these are not masterminds, just the lowest level of fodder, workers in the modern sweat shops of gang criminal enterprise:

At approximately 8 p.m. on November 3, 1999, [Ojeda] driving a gray 1991 Chrysler Caravan, approached the U.S. Customs inspection booth at the Paso Del Norte Bridge. Martha Guerra was sitting in the front passenger seat.

During routine questioning, Customs Inspector Armando San Roman asked [Ojeda]for his citizenship, his purpose for traveling to Mexico, and inquired about the vehicle’s ownership. [Ojeda] responded that he was a U.S. citizen, and that he had bought the vehicle about thirty days prior in Mexico. As he was conducting the questioning, Inspector San Roman noticed [Ojeda] “moving around and sitting upright and getting nervous.”

Noticing that the vehicle did not have a front license plate, Inspector San Roman asked [Ojeda] and Ms. Guerra for identification and proceeded to the back of the vehicle.  Inspector San Roman testified at trial that [Ojeda's] demeanor by this time was unusual; [Ojeda] was talking loud, getting tense, and then he sat upright and appeared to be getting anxious. According to Inspector San Roman, [Ojeda's] nervous behavior was out of the ordinary.

In addition, Ms. Guerra, with the exception of declaring her citizenship, did not utter a word, although Inspector San Roman testified that he directed some questions towards her.  Inspector San Roman testified that she was sitting at the edge of her seat, just looking at him; she appeared to be nervous and anxious. Inspector San Roman testified that [Ojeda's] behavior and Ms. Guerra’s silence made him get suspicious.

Inspector San Roman walked to the back of the vehicle and saw that the vehicle’s plates were from Kansas. He returned back to the driver’s side and proceeded to ask the same questions he had asked before to verify that the answers were the same. This time, [Ojeda]stated that he had been in Juarez for about two to three hours and that the reason for his trip was to take Ms. Guerra’s cousin to Mexico. Inspector San Roman then noticed that the names on [Ojeda's] and Ms. Guerra’s ID’s matched the names provided on a “be on the lookout” bulletin. Inspector San Roman sent the vehicle to the secondary inspection station.

At this point, Ojeda and Guerra are fixed like a bug on an entomologist’s needle.  It’s all over but the details for them.  But keep in mind that at most busy border crossings, time is not standing still.  Other vehicles with other mules or concealed packages are getting through.  The next bit of the story describes the quotidian work of winkling out the dope:

Inspector John Maxwell, trained as a canine enforcement officer, was asked to screen [Ojeda] and Ms. Guerra with the canine. He testified that the canine is trained to alert to marijuana, hash, cocaine, heroin, and crystal meth, and that he is what is called a passive alerter. This means that if the canine gets the odor of narcotics, he changes his behavior by wagging his tail, his ears come up, his breathing gets heavier, and then he sits next to where the odor is detected. On this occasion, Inspector Maxwell testified that the canine alerted to both the Appellant and Ms. Guerra, who were standing about a foot apart. The canine then went over to the open door of the vehicle, sniffed the passenger seat and alerted to it as well.
…
[Senior Inspection Officer Maria Elena] Frazier testified that she saw Ms. Guerra walking funny, as if she was holding something between her legs, but that she had not suspected she was hiding contraband, until the heroin was found. Inspector Criss-man testified that Ms. Guerra was taking very small steps, as if she was having a hard time walking.
…
Frazier placed Ms. Guerra in a holding cell and then requested the assistance of Inspector Dianne Crissman in conducting a pat-down of Ms. Guerra. Inspector Frazier asked Ms. Guerra to stand, put her hands against the wall, and spread her legs. Initially, Ms. Guerra did not want to comply and had to be asked several times before Inspector Frazier had to push open her legs. In conducting a pat-down of Ms. Guerra, Inspector Frazier felt a foreign substance in Ms. Guerra’s groin area. Inspector Frazier asked Ms. Guerra to remove the object, but it was not until she asked Ms. Guerra if she needed medical assistance in removing the object that Ms. Guerra complied. Ms. Guerra removed from her vaginal cavity a condom containing about four to five golf size balls of a black tar like substance which were wrapped in another condom. The two condoms combined formed a cylinder like shape. The substance field tested positive as heroin. Further laboratory testing con-firmed that the substance was in fact pure heroin containing some adulterants and dilutants, and that it weighed 125.19 grams.
…
Upon searching Ms. Guerra’s purse, Inspector Crissman testified that she found among other things, a condom. A search of vehicle uncovered an open plastic bag sitting in between the driver’s seat and the passenger’s seat that contained an unopened box of condoms, an open box of condoms, two open condom wrappers, and lubricants, one container which was open. The condom in Ms. Guerra’s purse matched the brand on the condom wrappers and both boxes.

Cocaine pellets confiscated from detained body packers in Jamaica. Left: Multiple pellets spontaneously evacuated. Right: Surgically extracted pellets from the stomach of an offender.

Note that this incident happened ten years ago, so procedures of gang and law enforcement alike could have changed.  For an engaging and counter-trend analysis of drug trafficking and terrorist networks, and how they learn, read Michael Kenney’s From Pablo to Osama: Trafficking and Terrorist Networks, Government Bureaucracies, and Competitive Adaptation.
In fact, a recent study of similar smuggling attempts through Jamaica found that the drug traffickers have indeed changed their methods in response to law enforcement’s having developed a profile of their old method.  Here is the abstract from “The Changing Demographics of Cocaine Body Packers in Jamaica” in The Internet Journal of Forensic Science (2009):

Cocaine trafficking by body packers has become epidemic in Jamaica. In 1999 the Jamaican government created a specialized anti-drug task force aimed at intercepting body packers at international airports. An important method used to identify these packers is passenger profiling. International experience suggests that the majority of body packers are single females from under-privileged backgrounds with multiple dependents. This retrospective study describes the demographics of Cocaine body packers detained at the largest international airport in Jamaica between January 2002 and December 2006.

There were 189 body packers identified, with a marked preponderance of male offenders (81% vs 19%). There were 153 males, with a mean age of 34.3 +/- 9.5 years (Range 17 to 57; Median 33; Mode 38). Only 35 offenders were female, with a mean age of 29.9 +/- 10.4 years (Range 17 to 55; Median 27; Mode 27). The demographics of the Cocaine body packer in Jamaica have changed. The typical body packers are now young males. The anti drug task forces must be aware of these trends in order to effectively identify and detain offenders.

Gangster life sells itself to its young recruits as a font of family, respect, and glamor.  It reality, it is a sordid, dangerous, and poisonous tool of exploitation, as these cases illustrate at the grittiest level.  While the drug lords live lives of flashy opulence, the desperate and the poor pack poison into their bodies, gram by gram.

BARRIO AZTECA–BORDER BAD BOYS LINKED TO MEXICAN DRUG TRAFFICKING ORGANIZATIONS — PART TWO

Perp Walk in El Paso -- FBI Agents Walked Barrio Azteca Gang Members Jose Martin Garcia (foreground) and John Michelletti (Rear) to U.S. Federal Courthouse from El Paso County Jail. Michelletti Had Been Working for FBI Since 2005 and Testified Against His Carnales

The Texas prison gang Barrio Azteca (BA) is one of the most violent gangs in the United States.  It is intimately tied into the trans-border drug traffic from its home base in El Paso, and has a counterpart organization across the border in Ciudad Juarez, Mexico.  (Go here for Part One and here for Part Three of this series on BA.)

A federal RICO indictment resulted in the conviction of six alleged members and associates in December 2008.  Testimony and other evidence in the trial opened a window into the gang’s operations — aided by a “flipped” member, Johnny (“Conejo” or “Rabbit”) Michelletti, who snitched for several years and then testified in open court about BA’s organization and criminal deeds.  These gangsters swear all manner of blood oaths about loyalty and the fabled code of silence.  But when the big federal-prison-time-with-no-parole generator cranks up and starts to hum, somebody usually breaks and starts singing. In addition to Michelletti, who revealed in court that he had been working for the FBI since 2005, another gangster — Gustavo “Tavo” Gallardo — blinked and decided to cooperate and testify at trial against his homies, his barrio, and his gang.  Oh, well.

Here is the rundown on Barrio Azteca from the National Drug Intelligence Center’s May 2008 West Texas High Intensity Drug Trafficking Area Drug Market Analysis:

Barrio Azteca controls cocaine, heroin, and marijuana distribution in El Paso. Because of its connections to Mexican DTOs operating in the El Paso/Juárez plaza, Barrio Azteca has a direct source of supply for heroin and other illicit drugs. However, the gang’s activities have been limited as a result of a “safe zone” injunction initiated in 2003 that prohibits its members from being on the street after dark…Barrio Azteca’s activities may be further limited as a result of the recent arrest and indictment [and since this report was issued, conviction, see] of several of the gang’s key members.

Among details that came out in the trial, according to news reports:

• Barrio Azteca was heavily into drug dealing and collection of “taxes” or “quotas” from drug dealers.  Such collections are nothing less than old-fashioned extortion, a staple of organized crime in the U.S. for decades.  I write about similar operations run by the Mexican Mafia (with a “clica” of the 18th Street gang) in Los Angeles, and the Chicago “Motherland” Latin Kings in my forthcoming book from the University of Michigan Press, No Boundaries:  Transnational Latino Gangs and American Law Enforcement.
• BA supplied cocaine to working women in El Paso area strip joints, who sold the drug to customers.
• The gang infiltrated the Federal Public Defender’s office in El Paso.  A paralegal there, Sandy Valles New, acted as a “bridge,” forwarding messages from gangsters inside prison to those on the outside.  More importantly, according to federal prosecutors, New also tried through her job to find out about the FBI’s investigation of the gang and to obtain court filings.  These could be used to track down informants within the gang.  Attempted infiltration by female associates of law enforcement offices, public defenders, and public utilities is a common gang tactic in the U.S. and abroad.
• The BA gang has a paramilitary style structure, with specific ranks.
• Like most of these fraternal love-ins, the gangsters went at each other in the trench warfare of internal power struggles.  One erstwhile boss, or “capo,” David “Chico” Meraz, was allegedly murdered in a knife attack in Juarez, Mexico after he was forced from power by his beloved homies.
• BA gangsters turned some of their own over to Mexican gangsters to face charges of skimming drug money or otherwise disobeying cartel rules.  The offending gang members were typically bound, gagged, wrapped in tape, stuffed in a vehicle,  and dropped off in Juarez to be brutally disposed of with several rounds to the back of the head.

New Problems For Old El Paso

Michelletti told the court how he got into Barrio Azteca.  Originally a member of a local gang called “Los Fatherless,” he was sent to prison for assaulting a police officer.  In prison he was approached by a BA “sponsor” who invited him to join the gang.  “He (the sponsor) becomes your representative.  Your padrino, your godfather.  You have to show you are down for the organization.”  Throughout gangland, “being down” for the gang means being prepared to step up and commit brutally violent acts.

In the next part of this three-part series, Fairly Civil will look at a specific case that illustrates the mechanics of physically getting drugs across the border.  In the meantime, the private intelligence and security service Stratfor has issued a truly excellent report and analysis of this drug movement, which can and should be read here.

BARRIO AZTECA–BORDER BAD BOYS LINKED TO MEXICAN DRUG TRAFFICKING ORGANIZATIONS — PART ONE

El Paso From The North -- Mexico Beyond (Wikimedia)

El Paso is the very avatar of the problems of the U.S.-Mexico border.  The city — which lies just across the border from Mexico’s Ciudad Juarez — is the Texas prison gang Barrio Azteca’s  home base.  Barrio Azteca (BA) was born in the Texas prison system among prisoners from El Paso in the mid-1980s.   The gang and the city of El Paso are intimately entwined in the drug trade and the violence associated with it.  (Go here for Part Two and here for Part Three of this series.)

From its earliest days, El Paso has embodied the special relationship between Mexico and territory that was once Mexico, and the peculiarities of the old “Wild West.”  This description is from the Online Handbook of Texas:

El Paso is at the far western tip of Texas, where New Mexico and the Mexican state of Chihuahua meet in a harsh desert environment around the slopes of Mount Franklin on the Rio Grande, which has often been compared to the Nile. As they approached the Rio Grande from the south, Spaniards in the sixteenth century viewed two mountain ranges rising out of the desert with a deep chasm between. This site they named El Paso del Norte (the Pass of the North), the future location of two border cities-Ciudad Juárez on the south or right bank of the Rio Grande, and El Paso, Texas, on the opposite side of the river. Since the sixteenth century the pass has been a continental crossroads; a north-south route along a historic camino real prevailed during the Spanish and Mexican periods, but traffic shifted to an east-west axis in the years following 1848, when the Rio Grande became an international boundary.

Most authorities agree that the arrival of the railroads in 1881 and 1882 was the single most significant event in El Paso history, as it transformed a sleepy, dusty little adobe village of several hundred inhabitants into a flourishing frontier community that became the county seat in 1883 and reached a population of more than 10,000 by 1890. As El Paso became a western boomtown, it also became “Six Shooter Capital” and “Sin City,” where scores of saloons, dance halls, gambling establishments, and houses of prostitution lined the main streets. At first the city fathers exploited the town’s evil reputation by permitting vice for a price, but in time the more farsighted began to insist that El Paso’s future might be in jeopardy if vice and crime were not brought under a measure of control. In the 1890s reform-minded citizens conducted a campaign to curb El Paso’s most visible forms of vice and lawlessness, and in 1905 the city finally enacted ordinances closing houses of gambling and prostitution.

Today, El Paso is struggling with its connections to the drug traffic, Mexican drug trafficking organizations, and U.S.-based gangs, including one of the most violent in the nation — BA.

The private intelligence service Stratfor has an excellent report on Barrio Azteca. This excerpt from that report describes the gang’s formation and growth:

Spanish for “Aztec Neighborhood,” BA originated in a Texas state penitentiary in 1986, when five inmates from El Paso organized the group as a means of protection in the face of the often-brutal ethnic tensions within prisons. By the 1990s, BA had spread to other prisons and had established a strong presence on the streets of El Paso as its founding members served their terms and were released.

According to the El Paso Police Department:

Most of the original members were from the Second Ward (Segundo Barrio) area of El Paso, which is located in the south central region of the city. As the Aztecas grew in numbers, they became involved in the now standard activities of prison gangs: narcotics, extortion, assaults, murders, theft and intimidation. The Aztecas recruit directly from the pool of street gang members who have been arrested or imprisoned; however, [they] also form alliances and intimidate various street-level gangs who have not progressed to the prison system.

Here is how the U.S. Department of Justice’s Gang Unit sums up Barrio Azteca as it exists today:

The Barrio Azteca is one of the most violent prison gangs operating within the U.S. Barrio Azteca is a highly structured criminal entity and has an estimated membership of 2,000 persons. Most members of the Barrio Azteca are either Mexican nationals or Mexican-American males. Barrio Azteca is most active in the Southwestern region of the U.S., primarily in federal, state and local correctional facilities in Texas, as well as on the outside in communities located in Southwestern Texas and Southeastern New Mexico. Barrio Azteca’s main source of income is derived from the smuggling of heroin, powdered cocaine and marijuana from Mexico into the U.S. for distribution both inside and outside the prison systems. Members of the Barrio Azteca often transport illicit drugs across the U.S.-Mexico border on behalf of DTOs. Barrio Azteca members are also involved in crimes such as alien smuggling, arson, assault, auto theft, burglary, extortion, intimidation, kidnapping, robbery and weapons violations.

The reach of prison gangs like BA outside of the walls is not unique.  I write about the street gang connections and associated drug trafficking operations of two such gangs — the Mexican Mafia in California and the Latin Kings in Chicago — in my forthcoming book from the University of Michigan Press (No Boundaries: Transnational Latino Gangs and American Law Enforcement).

Simply put, prison gangs control offender life inside the walls.  Any street gang, or individual renegade gangster, who bucks the authority of the relevant prison gang will be “green-lighted” — targeted for punishment, which often means death.  Originally, members of Latino street gangs learned that they could and would be whacked inside prison if they did not cooperate.  Only a few street gangs still operate independently in California, for example.  And prison gangs now assign hits outside of the prison walls to members of street gang affiliates or to made members of the prison gang after their release from confinement.

Here  is an overview of the relationship between Mexican drug trafficking organizations (DTOs) and U.S. street and outlaw motorcycle gangs (OMGs), from the National Drug Intelligence Center’s National Drug Threat Assessment 2009 :

Although gangs do not appear to be part of any formal Mexican DTO structure, several Mexican DTOs use U.S.-based gangs to smuggle and distribute drugs, collect drug proceeds, and act as enforcers. Mexican DTOs’ use of gang members for these illegal activities insulates DTO cell members from law enforcement detection. Members of most Mexican Cartels–Sinaloa, Gulf, Juárez, and Tijuana)–maintain working relationships with many street gangs and OMGs…Most gang-related criminal activity along the U.S.-Mexico border occurs in South Texas and California… Street and prison gangs… transport and distribute illicit drugs throughout the South Texas area. Some of these gangs have established associate gangs or chapters in border cities in Mexico…

Barrio Azteca fits this pattern.  (Its counterpart on the Mexican side of the border is known as the Aztecas.)

In subsequent posts, Fairly Civil will examine in more detail the specific structure and operations of the U.S.-based Barrio Azteca gang.

JACK BE NIMBLE — TERRORIST AND DRUG TRAFFICKING ORGANIZATIONS DEFY STEREOTYPES

Instead of being run by a handful of massive, price-fixing ‘cartels’, the Colombian drug trade, then and now, was characterized by a fluid social system where flexible exchange networks expanded and retracted according to market opportunities and regulatory constraints.

Abstract, “The Architecture of Drug Trafficking: Network Forms of Organisation in the Colombian Cocaine Trade,” in journal Global Crime, by Pennsylvania State University professor Michael Kenney,  author of From Pablo to Osama: Trafficking and Terrorist Networks, Government Bureaucracies, and Competitive Adaptation.

American officials attributed the delays to cumbersome U.S. government contracting requirements, negotiations over exactly what equipment is needed, and the challenges of creating an infrastructure to deliver an aid package that spans four dozen programs and several U.S. agencies.

“U.S. Aid Delays in Drug War Criticized; Mexicans Seek ‘True Solidarity’,” Washington Post, April 5, 2009.

Look at almost any law enforcement organization — from local police to the U.S. Department of Justice — and you will see a classic bureaucratic structure not overly different from that of the Social Security Administration, the Postal Service, or the Boy Scouts.  Responsibility, authority, and funds flow downward through a series of boxes.  The bureaucracy’s being branches from the head of the agency or department at the top of a vertical pyramid down to the unit or squad at the bottom.

Add in the invisible external forces of the executive (president, governor, mayor) and legislative (council, legislature, Congress) decision-making process and you have a cumbersome beast.  That beast then has to coordinate what it does with the other beasts thrashing around in the law enforcement underbrush, all of whom have historically been reluctant to share their turf.

U.S. Census Bureau

U.S. Department of Justice

A case in point is the implementation of the Merida Initiative, under which the United States is supposed to be helping Mexico fight its drug trafficking organizations (DTOs) to the two countries’ mutual benefit.

Last June, Congress appropriated $400 million.  According to the Washington Post (April 5, 2009), the State Department announced in December 2008 that $197 million of that funding had been “released.” But the paper’s close examination “shows that just two small projects under Merida — the delivery of high-speed computer servers in December and an arms-trafficking workshop attended by senior U.S. officials at a Mexican resort last week — have been completed.”

Here’s one bureaucrat’s explanation quoted by the Post:

“We are moving as fast as we can, but we also have to do this right,” said Roberta S. Jacobson, who, as deputy assistant secretary for Western Hemisphere affairs, helped negotiate the Merida Initiative. “We are creating a $1 billion program essentially from scratch, and if we try and move faster than our own procedures — and those of Mexico — can manage, we risk the careful oversight and monitoring that we and Congress expect.”

Agility and speed are not strong points of such bureaucracies.

Drug Traffickers Cash and Guns Seized by DEA and Mexican Police in 2007

Contrast the speed and agility with which the DTOs operate.  These guys move this kind of money — and more — around in suitcases.  The $400 million Congress appropriated is chump change to drug barons.  A former senior official of a federal law enforcement agency told me last week about a case in which the agency seized a suitcase with $250 million in cash.  Monitoring of drug bosses’ conversation later revealed that they didn’t blink an eye–they took it as just a cost of doing a much bigger business.

Part of the difference between transnational criminals and bureaucracies is ruthlessness.  Any DTO underling who took this long to deliver the proceeds would get a terminal headache — from a couple of bullets in the back of the head.

But the more important difference in the view of many experts is the way drug trafficking organizations — and many other transnational criminal organizations — are…well, organized.

West Texas High Intensity Drug Trafficking Area (HIDTA)

Here, for example, is a description of drug trafficking organizations in the El Paso/Ciudad Juarez plaza, “a principal smuggling corridor and staging area for drug transportation to markets throughout the United States,” according to the April 2007 West Texas High Intensity Drug Trafficking Area Drug Market Analysis, published by the National Drug Intelligence Center:

Over the past few years, the structure of Mexican DTOs operating in the El Paso/Juárez plaza has changed from traditional hierarchical organizations to much more efficient organizations composed of decentralized networks of interdependent, task-oriented cells. For example, one cell may be responsible for transporting drug shipments across the U.S.-Mexico border, another for transporting drugs to U.S. markets, and another for laundering drug funds. The variety of relationships that these individual cells can have with one another as well as their insular nature, particularly for organizational heads, renders these DTOs more difficult for law enforcement to dismantle than DTOs with a traditional hierarchical structure. In addition, if the head of the DTO or cell leaders are identified and arrested, the decentralized, interdependent nature of these DTOs ensures that they can continue to operate unimpeded.

Bureaucratic Model Slower Than Bullet-to-the-Head Model (Model from Ariel Zellman's WordPress blog)

This segmented but integrated network is “flat,” compared to the Christmas tree bureaucratic structure.  Yet, it still lends itself to the severely authoritarian rule of the narco bosses.  “The leaders of these organizations…give the orders and expect them to be followed.” (Gregory D. Lee, Global Drug Enforcement: Practical Investigative Techniques, p. 288.)   It’s like a giant, global LEGO factory set — the pieces can be custom designed, moved around, plugged in, and shifted to different shapes to meet different needs and respond to law enforcement pressures, all the while preserving operational security.

Here is how Michael A. Braun — former assistant administrator of the Drug Enforcement Administration (DEA) — described it in his March 12, 2009 statement before the U.S. House of Representatives Subcommittee on National Security and Foreign Affairs, Committee on Oversight and Government Reform:

The Mexican cartels’ ‘corporate’ headquarters are set up South of our border, and thanks to  corruption, cartel leaders often times carry out their work in palatial surroundings. The cartel leaders manage and direct the daily activities of ‘command and control cells’ that are typically located just across the border in our Country. Those command and control cells manage and direct the daily activities of ‘distribution, transportation and money laundering cells’ all across our Nation.

The cartels operate just like terrorist organizations, with extremely complex organizational structures, consisting of highly compartmentalized cells: distribution cells, transportation cells, money laundering cells, and in some cases assassination cells or ‘hit squads.’ Many experts believe Mexican and Colombian drug trafficking organizations are far more sophisticated, operationally and structurally, then Middle Eastern terrorist organizations. In fact, some experts   believe that Middle Eastern terrorist organizations actually copied the drug trafficking cartels’ sophisticated organizational model for their advantage. This sophisticated organizational model continues to thwart law enforcement and security services around the globe. Cell members are so compartmentalized that they possess little, if any knowledge of the greater organizational model that encircles and supports their nodes; therefore, they can share little of value when apprehended.

The DEA has long noted the intersection of terrorist organizations and drug trafficking:

For many years the…DEA special agents have recognized that terrorist organizations rely on drug traffickers as a straightforward, easy source of income to finance their political agendas.  Drug traffickers, in turn, rely on terrorists to provide protection for their laboratory and drug distribution endeavors.  Through protection rackets, extortion, or “taxation” of drug traffickers, terrorists receive the funds necessary to carry out their violent acts.  (Lee, p. 287)

Nimble, quick, deadly — and aimed at you.

FBI STUDY THAT PROFILED COP-KILLERS FOUND THEM RUTHLESS AND MORE EXPERIENCED SHOOTERS

Funeral of Slain Oakland Police Officers

An article in The Forensic Examiner last year reported on the latest of a series of three intensive studies the FBI has done on cop-killers.

According to the article, in the most recent study the FBI researchers looked  in-depth at 40 incidents selected from a pool of more than 800 cases. The researchers  interviewed survivors (officers and perpetrators), reviewed records, and visited crime scenes.

Of the 43 perpetrators involved, 13 admitted gang affiliation/membership and involvement in drug trafficking.

Some of the findings.

1. The offenders were experienced shooters:

Most of the offenders who shot an officer had prior experience firing handguns. They typically began carrying a gun when they were between 9 and 12 years old. By the time they were 17, the vast majority of them were carrying all of the time. Nearly half of the offenders were involved in shootings (as victim and/or offender) prior to their assault on an officer. Ten offenders (all of whom were considered “street combat veterans” and were from inner city, drug-trafficking neighborhoods) had been involved in five or more shootings.

2.  The offenders had more experience using deadly force than the officers.

Of note, the offenders had more experience using deadly force on the street than did their victim-officers. Only 8 of 50 victim-officers had participated in a prior shooting (one officer had been involved in 2 prior incidents and another in 3), with 7 of those 8 having killed a perpetrator.

3.  The offenders practiced shooting more than the officers.

Nearly 40% of the suspect-offenders had some type of formal training with firearms, primarily from the military. More than 80% of the offenders included in the study practiced shooting on a regular basis, averaging 23 intentional practice sessions per year. It is significant to note that the offenders actually practiced with their firearms more than the victim-officers did. The officers averaged only 14 hours of sidearm training and 2.5 qualifications per year. Only 6 of the 50 victim-officers practiced regularly, beyond that required by their department; most of this was in the context of competitive shooting.

4.  The offenders were “surprisingly coldblooded.”

As described by the researchers, the offenders were “surprisingly cold-blooded,” turning instantly to deadly violence. On the contrary, the victim-officers were unwilling to use deadly force as long as they thought they had another option. Thirty-six of the 50 officers had been in situations where “deadly force” would have been an appropriate and legitimate response, “but chose not to shoot.” On average, those 36 officers had been in four such prior incidents. Unlike the officers, the offenders acted from a “shoot or be shot” mentality, with absolutely no hesitation about pulling the trigger. They operated under the presumption that if they hesitated, they would be killed.

CHICAGO GANGSTER SHOT DOWN BY GANG OF NINE IN WASHINGTON–U.S. SUPREME COURT

Chicago Gangster Had His Day Here--Didn't Go So Well for Him

They don’t call the U.S. Supreme Court a “temple of justice” for nothing.

The interior of the Fortress of The Law is cool marble and quiet dignity. The proceedings of The Tuscaloosa Lady’s Sunday Afternoon Tea Club and Literary Salon are a riot by comparison.  Even the justices’ walkers are oiled so they don’t make a sound.

I once covered the Supreme Court as a reporter for The Washington Times and I never heard a voice raised in anger — or even believable passion (as opposed to thespian art from one or another advocate) — inside the court’s chamber.

Well, pretty much.

There was the morning in November 1983 when the Court was hearing argument in the case of Keeton v. Hustler.  Porno magnate Larry Flynt, whose magazine was being sued, decided to weigh in.  He hoisted himself up in his gold-plated wheel chair at the back of the spectator’s section and shouted a string of profanity.  Chief Justice Warren E. Burger ordered the marshals to ”take that man into custody.”

Potty Mouth Porno Magnate Larry King Hurled Insults at High Court from His Gold-Plated Wheel Chair

For the most part, however, parties keep their mouths shut in the legal holy-of-holies.  The lawyers who appear before conduct themselves  in a most magisterial way.   All the place needs is incense.

This week, the Court decided the appeal of Chicago gangster Michael Rivera, in the case of Rivera v. Illinois. The case arrived at the court on a technicality concerning a defense challenge to one member of the jury that found him guilty of first degree murder.  In 1998 Rivera shot to death a man whom he mistakenly believed was a member of another gang.

Rivera presented no factual defense at the trial of the case, so the Court’s reported opinion — which ruled against Rivera — is strictly on the legal technicalities.  It’s pretty dull reading for most of us.

But there’s a story behind every case that makes it up to the Supreme Court.

For example, there were a number of death penalty cases during the period I was covering the Court,  I found it remarkable that the media hardly ever reported in detail the facts of murderers’ crimes.  It was as if their brutal depredations had no place in the public debate about the ultimate penalty.  I thought otherwise, and made it a point to dig the underlying facts out of the briefs so that my readers could have the whole picture.

The facts underlying the case of Michael Rivera are a perfect illustration of gangster culture as it is.  The following summary is extracted from the report of one of Rivera’s several appeals in Illinois state courts:

Defendant was a member of the “Insane Deuces” street gang and held the rank of “chief enforcer.” In the early morning hours of January 10, 1998, defendant was riding in a van with several individuals who were gang members. Defendant saw the victim walking near a housing complex known as the Lathrop Homes. Defendant mistakenly believed that the victim was a “Stone,” a member of a rival gang. Defendant left the van accompanied by two fellow gang members. Defendant fired several shots from a revolver. One bullet struck the victim in the back of his head and killed him. After the shooting, defendant and the two other gang members returned to the van yelling gang slogans including “Stone killer.” Later, displaying the revolver to other gang members, defendant bragged that he was a “Stone killer.” The police recovered the revolver from another gang member.

There is no gang squad in any city of any size whose members can’t reel off a litany of similar murders.  Gangster on the prowl are a small facet of Hannah Arendt’s philosophical concept of the “banality of evil” — the gangsters have normalized and rationalized their senseless killing in such a way that they think being a “Stone killer” is to be good, not bad.  (In April 2008 six Insane Deuce gangsters were convicted in a federal RICO case in Chicago, some of them on several counts of murder.)

The facts of Rivera’s case fit seamlessly into the template of two Chicago gang murders I write about in my forthcoming book (No Boundaries: Transnational Latino Gangs and American Law Enforcement).   Gangsters go out riding around with a gun looking for a rival or perceived rival to kill, because that is just what gangsters do.  The murder for which Latin King leader Gino Colon was originally sent up was the same kind of random street assassination.

Ana Mateo Was Killed By Gangster's Stray Bullet in Pilsen Neighborhood of Chicago

In another case I write about, the punk kid gangster doing the shooting missed his intended target.  But one of the bullets he fired hit a beautiful seven-year old girl two blocks away in the back of her head, taking her innocent life.

Evil.

NOT JUST A DEAD COP–WARNING ON U.S. MARSHAL KILLED IN MEXICO

U.S. Marshal Kind of Work

The private intelligence service Stratfor has published a podcast for subscribers  in which analyst Fred Burton discusses the case of Vincent Paul Bustamante, a U.S. Marshal found shot dead in Mexico.

In an earlier report on the incident, Stratfor wrote that Bustamante:

…was found in a canal with what appeared to be multiple gunshot wounds to the head, was identified by fingerprints and an identity document.

A USMS spokesperson said that before his death, Bustamante had surrendered his badge, credentials and weapon, as he had been placed on administrative leave for failing to appear in court on charges associated with criminal theft of public property (possibly a shotgun). According to one account, there had been a warrant out for Bustamante’s arrest since March 18. Such charges could be associated with accusations of corruption.

Little additional information is available at this time, and while there is no evidence yet that Bustamante’s death was linked to organized crime, there is strong reason to believe that this is the case. If so, Bustamante’s death represents a significant development in the cartel war in Mexico, as it would be the first time a U.S. federal law enforcement officer has been killed in Mexico in the last few years.

CNN reported that their law enforcement source said Bustamante was doing a law enforcement version of dipping into the till:  pawning official guns and then buying them back after pay day:

Bustamante, 48, was charged with stealing U.S. government property including Glock and Ruger handguns, a shotgun and a pair of binoculars, according to court documents.

According to the federal source, who was not authorized to speak about details of the case and asked not to be named, a pawnshop owner became suspicious when Bustamante attempted to pawn a shotgun and called the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives.

The source said Bustamante would buy back items he had pawned on his pay days and return them.

Burton, however,  goes beyond this in the podcast to suggest that Bustamante “could have gone rogue, could have gone dirty.”

If so, the consequences could be profound.   “This is just not a dead cop–this is larger,” Burton warns.  Investigators must “unpack” Bustamante’s “knowledge base” to find out what he knew and what he might have given up if he was dirty.

One extremely sensitive area: protected witnesses.  I write about several extremely sensitive transnational gang investigations in my forthcoming book (No Boundaries: Transnational Latino Gangs and American Law Enforcement) in which “flipped” and later protected witnesses were crucial.  (You’ll have to read the book, but two cases contain details never before written about publicly.)

There is an axiom among agents about organized crime cases:  “no informant, no case.”   [OK, another more cynical one is, "No case, no problems."]

Naturally, the Mexican drug cartels and their affiliates would love to find out who flipped, where they are, and how the U.S. government protects them.  This is true “sources and methods” stuff — not the imagined worries that too many federal law enforcement executives use to keep the American public in the dark.  This is the kind of stuff that gets people killed.

Marshals Service Runs the Federal Witness Security Program

Well…the Marshals Service runs the federal Witness Security Program — often also called the federal “Witness Protection Program.”   Since the program by any name started in 1970, says the Marshals Service, “more than 7,500 witnesses and over 9,500 family members have entered the Program and have been protected, relocated and given new identities.”  The service also states that “No program participant who follows security guidelines has ever been harmed while under the active protection of the Marshals Service.” (Be sure to read the fine print in that statement — warranty voided if you don’t follow the rules or are not under “active protection.”)

But Burton’s warning does not end there.  He argues that the Bustamante case demonstrates that “we have to take control of the corruption on this side of the border.”   This is especially interesting in light of  Mexican President Felipe Calderon’s explosive statement to BBC this week:

There is trafficking in Mexico because there is corruption in Mexico…But by the same argument if there is trafficking in the United States it is because there is some corruption in the United States… It is impossible to pass tonnes of cocaine to the United States without the complicity of some American authorities.

As I wrote in a report on gun trafficking to Mexico released this week, Calderon is not just making this up:

U.S. officials also worry about the potential for corruption of law enforcement officials at all levels of government in the United States. In May 2008, for example, there were reported to be about 200 open cases investigating corruption among U.S. Department of Homeland Security officials working on the border. The agency’s inspector general reportedly saw an increase in cases that it investigated from 31 in 2003 to 79 in the 2007 fiscal year.

RUBBING OUT TURF MARKS — LOS ANGELES GOES AFTER DREW STREET CLIQUE OF THE AVENUES GANG WITH A BIG ERASER PART TWO

“If someone bothers you, you talk to someone in the neighborhood,” said Bobby, illuminating how deeply Drew Street had fallen into gangster hands. “If someone stole from you, it would be handled. It was like a neighborhood watch. We don’t call the cops. We beat up people.”

From, “Drew Street Drug House Demolished; Creepily, some neighbors miss the gang’s terror, a Neighborhood Watch of sorts,” By Christine Pelisek.

Innovative Los Angeles Program Targeted, Took Down Drew Street Gang Fortress Known as "Satellite House"

People in the Los Angeles neighborhood of Glassell Park called the house at 3304 Drew Street “The Satellite House.”  The antennae sprouting from the roof were a symbol of drug-trafficking affluence in a graffiti-scarred area hanging on by its fingernails.  Like the  colonial headquarters of an occupying power, it was Government House for the Drew Street clica of the Avenues Gang.

According to Los Angeles law enforcement officials and a federal indictment, the Avenues Gang and its Drew Street clique are affiliated with the powerful Mexican Mafia prison gang, which in turn is plugged into the transnational network of the Mexican drug trafficking organizations.  (See Part One).   Los Angeles-bred Gangs like the Avenues, MS-13, 18th Street, and others around the nation (like the Latin Kings and Barrio Azteca) are today’s organized crime, the “mafia on steroids” someone quipped–a burgeoning force that is richer, more heavily-armed, more wired into global criminal networks than La Cosa Nostra in its best days.  They’re operating in Canada, for crying out loud!  It may not look this way at the level of some baggy-pants mope with bad teeth on a street corner moving little packets of mind-worming dope.  But that pimply-faced gangster is a soldado, a foot soldier, in a vast army of crime.  The new gangsters and their racketeering organizations defy national borders.  They love law enforcement organizations that are trapped in static thinking generated by organization charts and “stove-pipes” of “responsibility” and “mission statements.” (“That’s not in our lane,” I recently heard a senior federal law enforcement official say.  Your lane?  You need to retire–lead, follow, or get the hell out of the way, dude!)

Flexible, adaptive, smarter-than-you-think and often operating in ad hoc networks, transnational criminals operate at will throughout the Western Hemisphere, with growing tentacles to Africa and Europe.

It Was Personal With Los Angeles City Attorney Rocky Delgadillo (Center) -- Avenues Gangsters Harassed Him as a Kid. Delgadillo is Flanked by Mayor Antonio Villaraigosa and Police Chief William Bratton

At every level — from the street corner to the Western Hemisphere — gangs and the bigger criminal enterprises they are wired into raise a fundamental question: who’s in charge here?  Who rules this turf?  The legitimate government or the gangsters?  It is a serious mistake to underestimate the territorial mentality of the new gangsters, their assertion of the artifacts of sovereignty, and their willingness to confront civil government violently.

The Drew Street gang experience has been an almost perfect laboratory in which to see this concept of territorial confrontation at work.  The neighborhood (see map) it which the Avenues clique operated is boxed in, virtually sealed off,  by a cemetery, Forest Lawn Memorial Park, and a freeway.  Like many of the gang-tortured neighborhoods of the New World, Glassell Park was once affluent and quiet, an area of single-family homes.  But change seeped in — including immigration (legal and otherwise) from Mexico — and it went downhill.  Public housing apartment blocs that government planners and social engineers dreamed up turned into gangster strong points, bunkers into which the thugs could fade, invulnerable to police action.

Maria "Chata" Leon, Alleged Gangster, Mother of 13, Immigrated Illegally from Tlachapa, Mexico, Lived in Satellite House

Satellite House was the home of a woman named Maria “Chata” Leon, an undocumented immigrant from Tlachapa, Guerrero, Mexico.  According to police, Leon ran the gang’s operations out of the house along with a brood of sons, relatives, and gangsters.  (Leon is said to have given birth to 13 children fathered by various men while she was accumulating a series of felony arrests and convictions dating back to 1992.)  The gang’s writ was so strong that in February 2008, LA Weekly ran an article titled “The Gangsters of Drew Street, Glassell Park — Why neither God nor the police can stop them.”

But while it may have looked like the gangsters had defeated even God (or at least LAPD), Los Angeles officials and law enforcement officers had already mounted a concerted attack on the Drew Street gang and its perverse rule.

In the first place, Los Angeles City Attorney Rocky Delgadillo has been a leader in devising ways to use civil law as a powerful complementary force to law enforcement efforts against gangs.  These ways include injunctions, lawsuits to collect money damages from gangs, and notably in this case a program known as TOUGH (Taking Out Urban Gang Headquarters) program. TOUGH is based on the “nuisance abatement” theory of civil law. The program “files lawsuits seeking aggressive and specifically tailored injunctive relief against property owners and gang members, including stay away orders, closure of properties, hiring of security guards, installation of video camera systems and other remedial improvements to the properties.”
 In 2007, Delgadillo and his team won a lawsuit filed in 2005 that closed Satellite House as a “nuisance” and–after further legal manuevering–led to its ultimately being demolished by a bulldozer.

Danny Leon Was Killed Brandishing an AK-47 in Shootout With LAPD

Before the house was finally taken down, however, an episode of blatant gangster violence in February 2008 generated a maximum law enforcement investigative effort against the gang.  Avenues gangsters shot to death a 36-year old man as he was walking his 2-year old granddaughter near an elementary school. Shortly later, when the gangsters were confronted by LAPD police officers, they opened fire on the cops and a running gun battle ensued. One of Maria’s sons, Danny Leon, opened up with an AK-47 rifle. He was killed by return fire and his cousin, Jose Gomez, 18, was wounded and later charged with murder and attempted murder.

The incident was the straw that broke the camel’s back. “When you shoot at my police officers, all bets are off,” Police Chief William Bratton later said. A joint local and federal  HIDTA (High Intensity Drug Trafficking Area) task force zeroed in on the gang.  That eventually resulted in a RICO indictment. Trial in that case is now pending, so all involved are –but, of course– entitled in court to a presumption of innocence until proven guilty.  You can draw your own conclusions.

Meanwhile, the question of who’s-in-charge-here has been answered. Concerted, creative, and cooperative effort by legitimate government has smacked down the Drew Street gang–at least for now. The gang weed is deeply rooted and resilient.

RUBBING OUT TURF MARKS — LOS ANGELES GOES AFTER DREW STREET CLIQUE OF THE AVENUES GANG WITH A BIG ERASER PART ONE

“These days the narcos think nothing of killing us for no reason other than marking their territory,” one police commander said after seeing fellow officers murdered.

Police Commander Murdered in Mexico City

From, “Firepower and Bloodshed: Houston’s Underworld Connection with Mexican Drug Cartels, ” by Clarence Walker, The New Criminologist.

In the end the war between civilization and gangsters comes down to one question.  Who rules?  Whose “marker” prevails?

I had occasion recently to hear the former governor of a Mexican state describe how the relationships among the drug trafficking criminal enterprises, the legitimate government of the state, and political geography had changed over the last decade or so.  He is a man with painfully earned insight.

In the old days, he explained, criminals only wanted safe passage to do whatever they did.  So corruption was pervasive but ephemeral.  The criminals would bribe as necessity dictated:  a customs officer here, a police chief there, another official elsewhere in order to make possible a specific transaction or set of events.  The corrupted officials would look the other way.  Drugs would move from point A to point B without hassle, and life went on.

The difference now, he explained, has several dimensions:

• The criminals now want to contest the legitimate government for total control of territory.
• Within that territory, they want to preempt the traditional roles of government and enterprise.  They want to tax, administer “justice,” take over profitable business enterprises, and control the people as their subjects.
• Criminal factions — such as DTOs — battle with each other for control of territory, regardless of who or what is technically sovereign.

If the criminals can seize total or effective control of the law enforcement function (public safety, enforcement of the rules of civil society) the battle is over.  They win. There is a spectrum of ways and means in which the security/law enforcement function (if not the bureaucratic structure) can be co-opted to criminality.

One way is to seize physical control by corruption or intimidation — members of the criminal enterprise actually hold office, or they can pay or frighten legitimate office holders into acting as surrogates of the criminals.  The latter process is known as “plata o plomo” (silver or lead) in Mexico.  It is in effect the axis about which revolves President Felipe Calderon’s fight to destroy the power of the Mexican drug trafficking organizations.  Here is a succinct description from a longer pre-Calderon but informative discourse:

The necessary involvement of police officials at the local, state, and national levels, and the Mexican military, complicates the battle over turf. Corruption pollutes well-intentioned policemen and soldiers. The law of “plata o plomo,” a choice between accepting a job on a criminal payroll or accepting a bullet in the head, perennially compromises members of the Mexican security forces at all levels…Millions of dollars a year land in the hands of policemen, intelligence agents, mayors, port masters, pilots, and many other officials who face the infamous “plata o plomo” decision.

Mexican feathers are ruffled when the matter is put so bluntly.  It is what it is.  Some serious law enforcement officials in the U.S. worry that half of the equation — the plata — is already here.  If the plata is here, can the plomo be far behind?  Not yet.  And perhaps never on a significant scale.  Cop-killers in the United States tend to have short life expectancies.  But this germ may be incubating.  If the narcos win in Mexico, count on it — all aspects of their putrescence will ooze north, where they have already established substantial logistical and administrative operations in a number of cities.

"HXCXR" = "Harbor City Rifa (Rules)" According to This Source

Another way is to drive legitimate authority out of certain areas, establishing “no-go” zones where the state theoretically still rules, but the cops can or will enter only with a show of extraordinary force.

The final way is to establish a shadow government — let the pinche cops drive through and make an occasional sweep, but the people know that we’re always here, so we rule anyway.  The graffiti of Latino criminal street gangs often includes the letter “R” or the word “rifa” (“rules”) — a leg-lifting marker aimed at other gangs — and at least implicitly at legitimate sovereign authority.

In the United States, by the way, some gangs and gangsters have succeeded beyond their wildest dreams by NOT fighting the power.  They co-opted legitimate authority by conning government circles.  Chicago is famous for having provided a culture in the late 1960s and early 1970s in which its current “super-gangs” rooted, were nurtured with government cash. More recently, in Los Angeles Hector “Big Weasel” Marroquin represented himself as a “reformed” 18th Street gangster.  He established a group called “No Guns.” Its staff is said to have consisted mostly of his own family members.  Here is how the authoritative blog “In the Hat” sums up the effect of Marroquin’s post-reformation career:

Marroquin has basically been shoved down the throats of gang cops by their commanders for years as a person they should work with to quell gang violence and divert young people from the life.

Hector "Big Weasel" Marroquin Back in the Slam After Conning L.A.'s Kumbaya Krowd

But it turns out Marroquin was not so reformed after all! Busted by ATF last year, “Big Weasel” pleaded  “no contest” to three counts of manufacture, distribution and transport for sale of an unlawful assault weapon.  He was sentenced to eight years in prison.  There is simply no telling what violence “No Guns” was responsible for.

An example of a gang shadow government was the area around MacArthur Park in Los Angeles that I write about in my forthcoming book from the University of Michigan Press (June 2009),  No Boundaries: Transnational Latino Gangs and American Law Enforcement. Mexican Mafia gangster Francisco “Puppet” Martinez bossed the Columbia Lil Cycos clique of the 18th Street Gang from his federal prison cell in the 1990s until the FBI and federal prosecutor Bruce Riordan broke up the party.  But, like the poisonous Chinaberry tree, gangs “can form dense thickets that crowd out native vegetation.” They are “poisonous to humans and small mammals… [and] multiple treatments are usually necessary to successfully eradicate” them.  Some eradication is still going on, I am told.

Few gangs in the United States have succeeded in totally controlling territory.  But the Drew Street clica of the Avenues Gang came close.  An excellent NPR radio story linked here describes how bad things had gotten — it’s a little over four minutes long and well worth listening to.

Gangster Tools: Table-O-Guns Seized in Joint Task Force Raid on Drew Street Clique

This excerpt from a federal RICO indictment  – in the case of United States v. Francisco (“Pancho”) Real, United States District Court for the Central District of California, docket no. CR08-00688, filed June 12, 2008 — handed down against Drew Street and its members provides basic information about the Avenues Gang and the Drew Street clique.  Note how the gang asserted “sovereign” control over territory and even plotted to violently confront law enforcement:

The Avenues gang is a multi-generational street gang that was formed in the 1940s and claims..[a defined area] as its “territory” in Northeast Los Angeles.  The Avenues Gang is divided into a number of smaller groups, or “cliques,” based on geography and associations in the neighborhood controlled by the gang…

The Avenues gang has been traditionally loyal and committed to “Mexican Mafia,” also known as “La Eme.”  Avenues leaders frequently extort money from local drug traffickers, members of other gangs, prostitutes, residents, and persons who maintain businesses in the area controlled by the gang.  Avenues gang members also frequently intimidate, threaten and assault persons in the area as a means to intimidate and control the people in their neighborhoods, including potential witnesses who would testify about their crimes.  Their crimes typically include acts of violence, ranging from battery to murder, drug-trafficking offenses, witness intimidation, alien smuggling, weapons-trafficking and, very frequently, hate crimes directed against African-American persons who might attempt to reside or be present in the ares controlled by the gang.  Members frequently conduct robberies to generate funds for the larger organization and Avenues hierarchy.

The Drew Street gang is a recently formed clique with the Avenues gang.  The Drew Street gang is part of the Avenues gang, and it authorized by the Avenues and the Mexican Mafia (aka, “La Eme”) to control the area of Northeast Los Angeles in the neighborhood surrounding the intersection of Drew Street and Estara Avenue.
….
Members of the Drew Street gang enforce the authority of the gang to commit its crimes by directing acts of violence and retaliation against non-compliant drug-traffickers and rival gang members.  The organization also directs attacks against law enforcement officers and witnesses who would be willing to cooperate with law enforcement for the prosecution of the crimes committed by members of the Drew Street gang….The Drew Street gang ordinarily is vigilant to the presence of “outsiders,” or persons not immediately known to the gang, who may intentionally or inadvertently attempt to enter the territory controlled by the gang.  Gang members are likely to identify such persons and physically threaten or kill them.

Los Angeles city and law enforcement authorities finally had enough and moved in on the gangster empire with a “holistic” approaching, mobilizing a range of forces in a pincer movement and frontal assault to erase the gang’s dense thicket of poisonous power. 

Fairly Civil will describe that in the next posting about the Drew Street gang.

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MEXIKANEMI — THE MEXICAN MAFIA, TEXAS VERSION, PART THREE

Mexikanemi Tattoo

The Mexikanemi, or Texas Mafia, gang is a major player connected to the Mexican Drug Trafficking Organizations (DTOs).  In Part One of this series Fairly Civil gave an overview of this gang.  Part Two dug more into the gang’s ruthless violence, quoted its astonishing constitution — which commits the enterprise to “every thing[sic]…criminally imaginable” — and provided an example of the application of Mexikanemi “constitutional law” in a vile intra-gang prison murder.

This final part will examine a bit more of the gang’s organization, its role in the illicit drug trade, and the willingness of its gangsters, like most gangsters everywhere, to “flip” and become cooperators when it’s a choice between their ass and those of their carnales‘ (“brothers’”).

Today’s text begins with excerpts from the RICO (Racketeer Influenced and Corrupt Organizations Act) indictment in United States v. Jacinto Navajar (United States District Court for the Western District of Texas, docket no. SA08CR047XR, filed January 29, 2008).

The indictment first summarizes what makes the Texas Mafia a criminal enterprise, and thus subject to RICO’s harsh reach.  (The indictment uses the past tense throughout, I suppose because the crimes alleged were in the past. This style is a bit annoying, because everything alleged continues today, but we’ll go with the exact quotes for the record):

The Texas Mexican Mafia was an organization which was self-dedicated to organized criminal conduct in the principal forms of extortion, drug trafficking, robbery, assault, and murder. The Texas Mexican Mafia, including its leadership, membership, and associates, constituted an “enterprise” as that term is defined in Title 18, United States Code, Section 1961 (4), that is, a group of individuals associated in fact.

Not just a bunch of guys hanging out, but an organized criminal group doing bad things as its essence.  Next, the indictment provides a capsule history of Mexikanemi’s formation and growth:

The Texas Mexican Mafia was formed in the early 1980’s by inmates incarcerated in the Texas state prison system. Its original members banded together behind bars to protect one another from violence from incarcerated non-members and to engage more effectively in organized criminal activity. This criminal activity included drug trafficking in the prison system, assaults on fellow inmates, and extortion. The original members were largely from San Antonio, Texas and at some point the Texas Mexican Mafia drafted a “constitution” and declared San Antonio its “capital.” As its membership grew and individual members were released from prison, most of them settled in San Antonio, where they resumed their criminal conduct…The Texas Mexican Mafia maintained chapters in most of the large cities in Texas but San Antonio was by far the largest and most active chapter and its members who held rank were accorded special status.

The illegal traffic in drugs is the most lucrative of criminal enterprises, so it’s no surprise that’s the Mexikanemi’s main business.  Here’s what they do and how they do it:

One of the organization’s principal activities and sources of income was trafficking in illegal drugs. Its members obtained large quantities of narcotics and distributed them among its membership and non-members for sale, that is, conventional street drug distribution. The Texas Mexican Mafia also required non-members who distributed narcotics to pay a “tax” for the privilege of selling narcotics. This extortion payment or tax was known as “the dime” or “the ten percent” or by the informal Spanish term for “the dime”: “el daime.” The organization imposed and collected a ten percent tax on the proceeds of all illegal drug sales by non-members. Failure to pay the tax could result in serious bodily injury, robbery, or death. In exchange for paying the ten percent drug tax, the Texas Mexican Mafia provided the taxpayer protection from robbery, assistance in collecting drug debts, and a degree of protection from competing drug dealers. The illegal drugs distributed by the enterprise, which included heroin and cocaine, were purchased, sold and distributed in interstate and foreign commerce.

“Taxation” connected to asserted geographical control are key aspects of modern organized criminal groups.  They put street gangs and DTOs in competition with legitimate governments  for de facto “territorial sovereignty” — a competition which which has lead to direct confrontation in Mexico and elsewhere.  Another aspect of sovereignty is administration of justice, and “La Emi” (last letter “i,” distinguished from the Californian “La Eme”) has its own rules and merciless punishments for those who are found to have violated them:

The members of the Texas Mexican Mafia were governed by a strict code of conduct that was enforceable by death or serious injury. The code absolutely prohibited cooperation by any member with law enforcement officials.

Robert Perez Was Executed for Two Murders in Intra-Gang Struggle for Control -- Two of His Carnales Ratted Him Out

In fact, according to news reports, about half of the co-conspirators in this case have already flipped and cooperated as part of their plea-bargains.  So much for absolute prohibitions of cooperation.  As the prison murder described in Part Two illustrates, these guys will kill their brothers (carnales) over petty intramural intrigue.  They are also happy to whack a blood brother in a fight for control after a leader dies or is otherwise hors de combat.  Mexikanemi leader Robert Anthony Martinez Perez, 48, was executed by lethal injection in Texas in March 2007 after having been convicted of two gang-succession murders.  He was largely sent over based on the testimony of flipped carnales.   I write at length about similar intra-mural murderous intrigue in the California Mexican Mafia in my forthcoming book No Boundaries: Transnational Latino Gangs and American Law Enforcement.  Greed is thicker than notional blood, homes.

San Antonio is still the capital of the Texas Mexican Mafia.  Both the city and the gang play key roles in the illicit drug trade, according to the National Drug Intelligence Center:

Several Mexican DTOs have recently relocated from the South Texas border area to San Antonio, facilitating the development of San Antonio as a national-level transshipment point for cocaine, marijuana, methamphetamine, and heroin. Drug traffickers are also establishing numerous stash locations in the San Antonio area from which they can distribute wholesale quantities of illicit drugs throughout the country, particularly to central and eastern U.S. markets.

The Mexikanemi prison gang, which is based in San Antonio, controls a significant portion of wholesale and midlevel drug distribution in the city. The gang supplies many local street gangs in San Antonio and operates its own extensive retail distribution network. After selling illicit drugs to local gangs, Mexikanemi then collects a 10 percent “street tax” on the profits generated by the sale of these drugs. Mexikanemi operates throughout Texas and is actively recruiting members from small communities around San Antonio and throughout South Texas. Mexikanemi members have a propensity for violence and have been linked to numerous assaults, murders, and shootings.

Map of South Texas Border Shows Problem of Trafficking Graphically

Gangsters Favor Capital Punishment -- So Long As They Are The Executioners

TERRORIST ORGANIZATIONS LIKE HEZBOLLAH FINDING BIG MONEY IN DRUG-TRAFFICKING

Snort Coke, Kill Babies: World-Class Terrorist Group Hezbollah Has Been Linked To Drug Traffickers in Latin America

Terrorist groups like Lebanon’s blood-drenched Hezbollah are exploiting the wretched of the earth — whom they claim to represent — through drug-trafficking for three main reasons:

• The decline of state sponsorship for terrorist groups — the Soviet Union has collapsed, smaller players like Libya have been whipped into line (although Iran still deals blood cards to its friends like Hezbollah).
• The success of government agencies — like the U.S. Treasury Department’s Office of Terrorism and Financial Intelligence — in disrupting private funding for terrorist groups.
• The fact that nothing brings in the cash like drug trafficking. It is simply the most lucrative criminal trade in the world.

Odd Fellows: Nicaragua's President Daniel Ortega, right, U.S. DEA regional director David Gaddis, center, U.S. Drug Enforcement Administration chief of operations Michael Braun, met in Managua, Feb. 4, 2008.

Michael Braun ought to know.  Then assistant administrator for operations for the U.S. Drug Enforcement Administration, Braun spoke at length last year on the relationship between terrorist groups and drug trafficking.  You can listen to his fascinating presentation here.  Among other interesting points, Braun told his audience that terrorist operations per se cost relatively little — the September 11th attacks, he said, are estimated to have cost about $500,000, which is less than the one year’s bonus of a middling officer in a failed financial insitution these days.  The big ticket is the quotidian daily cost of any group’s clandestine operations:  e.g., recruiting, training, procuring arms, corrupting public officals, obtaining documents, and transportation.

Braun — now a principal at the private security group Spectre Group International — more recently touched on the similarities and affinities of terrorist groups and drug-trafficking organizations in testimony before the Subcommittee on The Western Hemisphere of the U.S. House Foreign Affairs Committee: