Major Colombian Narcotics Trafficker Sentenced in Washington, D.c., to 25 Years in Prison for Drug Trafficking

Christian Fernando Borda, a major narcotics trafficker aligned with paramilitary groups in Colombia, was sentenced today to serve 25 years in prison for conspiring to import ton-quantities of cocaine into the United States, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and Administrator Michele M. Leonhart of the Drug Enforcement Administration (DEA).

Borda, 49, aka “Tony,” was sentenced by U.S. District Judge Gladys Kessler in the District of Columbia.  Borda’s sentence included a mandatory minimum prison term of 20 years due to his 1998 conviction in the Southern District of Florida for possession with intent to distribute five kilograms or more of cocaine.  In addition to his prison term, Borda was sentenced to serve 10 years of supervised release and ordered to pay a fine of $6.5 million.

“Christian Borda will spend 25 years in prison for leading a massive international drug trafficking operation that conspired to move vast quantities of cocaine into the United States,” said Acting Assistant Attorney General Raman.  “The substantial prison term secured against Borda would not have been possible without the extensive cooperation between law enforcement in the U.S. and abroad, and it demonstrates our commitment to holding drug traffickers accountable for their crimes.”

“Our relentless pursuit of justice alongside our Colombian partners has ensured Christian Fernando Borda will be punished for his criminal activities,” said DEA Administrator Leonhart. “For years, Borda operated a massive drug trafficking and money laundering enterprise, which facilitated the AUC’s terrorist activities.  This successful investigation demonstrates the strong will and skill of the United States and Colombian governments to rid the world of the most dangerous and ruthless drug traffickers and facilitators.”

Following a trial that lasted almost seven weeks, Borda was convicted by a federal jury on Dec. 9, 2010, of one count of conspiracy to distribute five kilograms or more of cocaine, knowing and intending that the substances would be unlawfully imported into the United States.

Borda, a Colombian national, led a major international narcotics trafficking organization based in Colombia that transported ton-quantities of cocaine from Colombia to the United States and elsewhere via Mexico.  As the leader of this drug trafficking group, Borda obtained large amounts of cocaine from Colombian sources and directed others who took part in the drug trafficking activities.  One of their shipments of cocaine in 2005 involved approximately 1,500 kilograms that were smuggled in a containerized shipment of drums of palm oil on a vessel departing from the north coast of Colombia.
The evidence further showed that Borda conspired with others to distribute tons of cocaine in Colombia, Mexico and elsewhere, with the knowledge and intent that the cocaine would be imported into the United States.

Borda was one of seven defendants charged with drug trafficking offenses in an indictment filed on March 16, 2007.  He was extradited to the United States from Colombia in October 2009 and was ordered detained in federal custody pending trial.

Borda’s co-defendant, Alvaro Alvaran-Velez, is scheduled to be sentenced on Sept. 3, 2013, before U.S. District Judge Gladys Kessler in the District of Columbia.

The case was prosecuted by Trial Attorneys Paul W. Laymon and Robert J. Raymond of the Criminal Division’s Narcotic and Dangerous Drug Section, and Charles D. Griffith Jr., now of the Criminal Division’s Office of Enforcement Operations.  The Criminal Division’s Office of International Affairs provided significant assistance in the provisional arrest and extradition of Borda, and the Criminal Division’s Asset Forfeiture and Money Laundering Section provided assistance at sentencing.  The investigation in this case was initiated by the DEA Miami Field Division in approximately 2004.  The DEA Houston Field Division conducted a related investigation.  Both investigations were conducted with assistance by the DEA's county offices in Cartagena and Bogota, Colombia, Mexico City and Guadalajara, Mexico.  The U.S. Coast Guard provided valuable investigative assistance.  The investigation also involved unprecedented cooperation from the Colombian National Police and the Colombian Fiscalia.  The case, known as Operation Acapulco Express, was part of an operation assisted by the Organized Crime Drug Enforcement Task Force (OCDETF) in Washington, D.C.

Former Fbi Special Agent and Two Co-conspirators Charged with Bribery Scheme

A former FBI agent and two others have been charged in the Southern District of New York with engaging in a bribery scheme to secure confidential, internal law enforcement documents about a prominent individual in Bangladesh.

Acting Assistant U.S. Attorney General Mythili Raman of the Justice Department’s Criminal Division, U.S. Attorney Preet Bharara of the Southern District of New York, and Inspector General Michael E. Horowitz of the Department of Justice made the announcement.

 Robert Lustyik, 50, a former FBI special agent in the White Plains Resident Agency, is accused in a criminal complaint of conspiring with his friend, Johannes Thaler, 49, of soliciting cash payments from Thaler’s acquaintance, Rizve Ahmed, 34, aka “Caesar,” in exchange for confidential, internal law enforcement documents and information that Lustyik could access by virtue of his position at the FBI.  Ahmed and Thaler were arrested today on the charges in the complaint and will be presented later today before U.S. Magistrate Judge George A. Yanthis in the federal court in White Plains.  Lustyik is currently detained in connection with an unrelated indictment in U.S. District Court for the District of Utah, where he will be initially presented on the charges in the complaint.

Lustyik, Thaler, and Ahmed are each charged in a four-count complaint. Count one charges Lustyik, Thaler, and Ahmed with conspiring to bribe a public official.  Count two charges Lustyik and Thaler with soliciting and receiving bribes.  Count three charges Ahmed with bribing a public official and offering to bribe a public official.  Count four charges Lustyik with unlawfully disclosing a Suspicious Activity Report.

If convicted, Lustyik, of Westchester County, faces a maximum sentence of 25 years in prison. Thaler, of Fairfield County, Conn., faces a maximum sentence of 20 years in prison. Ahmed, of Fairfield County, faces a maximum sentence of 20 years in prison.

According to allegations in the complaint unsealed today in the White Plains federal courthouse, from about September 2011 through March 2012, Lustyik, Thaler and Ahmed engaged in a bribery scheme on behalf of Ahmed, a native of Bangladesh who sought confidential law enforcement information pertaining to a prominent citizen of Bangladesh who was affiliated with an opposing political party (Individual 1).  Ahmed sought, among other things, to obtain information about Individual 1, to locate Individual 1, and to harm Individual 1 and others associated with Individual 1.

As part of the scheme, Lustyik and Thaler exchanged text messages, including messages about how to pressure Ahmed to pay them additional money in exchange for confidential information.  For example, in text messages, Lustyik told Thaler, “we need to push [Ahmed] for this meeting and get that 40 gs quick . . . . I will talk us into getting the cash . . . . I will work my magic . . . . We r sooooooo close.”  Thaler responded, “I know.  It’s all right there in front of us.  Pretty soon we’ll be having lunch in our oceanfront restaurant . . . .”  As another example, in or about late January 2012, Lustyik, upon learning that Ahmed was considering using a different source to obtain confidential information about Individual 1, texted Thaler, “I want to kill [Ahmed] . . . . I hung my [***] out the window n we got nothing? . . . . Tell [Ahmed], I’ve got [Individual 1’s] number and I’m pissed. . . . I will put a wire on n get [Ahmed and his associates] to admit they want [a Bangladeshi political figure] offed n we sell it to [Individual 1].”

According to the complaint, Lustyik and Thaler accepted at least $1,000 from Ahmed in exchange for confidential FBI information, including a Suspicious Activity Report.  The complaint also alleges that Lustyik and Thaler schemed to obtain monthly cash bribes from Ahmed, in increments of tens of thousands of dollars, in exchange for the provision of additional confidential law enforcement information about Individual 1 and for assistance in having criminal charges against a Bangladeshi political figure dismissed.

This case was investigated by the Department of Justice’s Office of Inspector General. The prosecution is being handled by the U.S. Attorney’s Office for the Southern District of New York’s White Plains Division and by the Public Integrity Section of the U.S. Department of Justice’ Criminal Division. Assistant U. S. Attorney Benjamin Allee and Trial Attorney Emily Rae Woods are in charge of the prosecution. 

The charges in the complaint are merely accusations, and the defendants are presumed innocent until and unless proven guilty.

U.S. Marshals Add California Fugitive Wanted for Three Murders to 15 Most Wanted

Washington – The U.S. Marshals Service today announced the addition of alleged murderer Shane Franklin Miller to the 15 Most Wanted fugitives list. He is wanted by the Shasta County (Calif.) Sheriff’s Office (SCSO) for three counts of murder, as a primary suspect in the deaths of his wife and two daughters. He also is wanted by federal marshals in the Eastern District of California for unlawful flight to avoid prosecution.

“The U.S. Marshals Service reserves placement on our 15 Most Wanted for those suspected of heinous crimes such as the ones Miller is accused of committing,” said U.S. Marshals Service Director Stacia A. Hylton. “Our deputies will use all of our available resources with our federal and local law enforcement partners to bring this suspect to justice.”

On April 20, the SCSO deputies responded to a domestic dispute involving Miller and his wife Sandra at their residence in Shingletown, Calif. During the dispute, Sandra left the residence with the assistance of SCSO deputies and drove to Humboldt County, Calif. Later that day, Miller traveled to Humboldt County, located his wife at a motel and returned her to the residence.

On May 7, the SCSO dispatch received a 911 call from the Miller residence. During that call, the dispatcher heard a female sobbing and several loud banging sounds over the phone. SCSO deputies immediately responded to the location where they discovered the lifeless bodies of Miller’s five-year-old and eight-year-old daughters, and his wife. Investigators determined that the deaths were caused by gunshot wounds.

Miller is a 45-year-old white male with a criminal history which includes arrests for possession of a firearm, ammunition, cultivation of marijuana, resisting an officer and hit and run causing death or injury. In 2007, Miller was released from federal custody after serving a 46-month sentence for possession of a machine gun and marijuana cultivation. He poses an extreme threat to the community and should be considered armed and dangerous.

A reward of up to $25,000 is offered for information leading directly to Miller’s arrest. If you have information, contact the nearest U.S. Marshals office or the U.S. Marshals Service Communications Center at 1-800-336-0102.

U.S. Marshals Arrest State Parole Violator After 8 Years on the Run

Scranton, PA – United States Marshal Martin J. Pane announced today that the U.S. Marshals Service arrested Thomas McCarty in a remote section of Wyoming County, near Tunkhannock, Pennsylvania. McCarty, a 48-year old man, was being sought by the Pennsylvania Board of Probation and Parole for violating the conditions of his state parole.

McCarty has an extensive criminal history dating back almost 30 years.

In 1985, McCarty was arrested in Lycoming County for statutory rape, involuntary deviate sexual intercourse and other sex-related offenses. He pled guilty to charges of statutory rape and corruption of minors, and was sentenced to state prison for a term of 1 ½ to 4 years. McCarty was released on state parole supervision in 1988.

In 1997, McCarty was convicted on charges of Indecent Assault of a Minor, Corruption of a Minor, Forgery, and Theft in Lycoming County and Northumberland County. He was committed to the Pennsylvania Department of Corrections to serve a 3 to 13 year prison sentence. McCarty was released on state parole supervision in 2000.

In March 2005, McCarty stopped reporting to state parole authorities and disappeared. In May 2005, an arrest warrant was issued by the Pennsylvania Board of Probation and Parole charging McCarty with violating the terms of his state parole. He remained a fugitive-from-justice for the past 8 years.

In June 2011, state parole authorities requested the assistance of the United States Marshals Service and its Fugitive Task Force to locate and arrest McCarty.

On July 24, Deputy U.S. Marshals from Scranton and Williamsport, along with task force personnel, located McCarty at a rugged, remote, wooded location off of Rockledge Road, near Tunkhannock in Wyoming County. The fugitive was arrested and offered no resistance. McCarty was turned over to authorities from the Pennsylvania Board of Probation and Parole, and lodged at the State Correctional Institution in Waymart.

United States Marshal Martin J. Pane stated, “This case exemplifies the dedication the Fugitive Task Force has towards cold cases. I am proud of the hard work displayed by the case investigators and, while not an easy case, justice prevailed.”

Michael C. Potteiger, Chairman of the Pennsylvania Board of Probation and Parole said, “This capture demonstrates the cooperation and partnership between the U.S. Marshals Service and all levels of law enforcement. This case has been outstanding since 2005. Its closure represents how we continue to work together as a team to pursue all fugitives, regardless of their time on the run.”

U.S. Marshals were assisted by officers from the Pennsylvania Board of Probation and Parole, Lackawanna County Sheriff’s Office, Pennsylvania State Police, Scranton Police Department, and Penn College Police Department. These agencies are participating members of the U.S. Marshals Service Fugitive Task Force in the Middle District of Pennsylvania.

The concept of all USMS-led fugitive task forces is to seek out and arrest the nation’s most dangerous offenders.

Aryan Brotherhood of Texas Gang Member Pleads Guilty to Federal Racketeering Charges

A member of the Aryan Brotherhood of Texas (ABT) gang pleaded guilty today to racketeering charges related to his membership in the ABT’s criminal enterprise, announced Acting Assistant Attorney Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney Kenneth Magidson of the Southern District of Texas.

Billy Frank Weatherred, aka “Billy The Kid,” 28, of Dallas, pleaded guilty before U.S. District Judge Sim Lake in the Southern District of Texas to one count of conspiracy to participate in racketeering activity.

According to court documents, Weatherred and other ABT gang members and associates agreed to commit multiple acts of murder, robbery, arson, kidnapping and narcotics trafficking on behalf of the ABT gang.  Weatherred and numerous ABT gang members met on a regular basis at various locations throughout Texas to report on gang-related business, collect dues, commit disciplinary assaults against fellow gang members and discuss acts of violence against rival gang members, among other things. 
By pleading guilty to racketeering charges, Weatherred has admitted to being a member of the ABT criminal enterprise.

According to the superseding indictment, the ABT was established in the early 1980s within the Texas prison system.  The gang modeled itself after and adopted many of the precepts and writings of the Aryan Brotherhood, a California-based prison gang that was formed in the California prison system during the 1960s.  According to the superseding indictment, previously, the ABT was primarily concerned with the protection of white inmates and the promotion of white supremacy/separatism.  Over time, the ABT expanded its criminal enterprise to include illegal activities for profit.

Court documents allege that the ABT enforced its rules and promoted discipline among its members, prospects and associates through murder, attempted murder, conspiracy to murder, arson, assault, robbery and threats against those who violated the rules or posed a threat to the enterprise.  Members, and oftentimes associates, were required to follow the orders of higher-ranking members, often referred to as “direct orders.”

According to the superseding indictment, in order to be considered for ABT membership, a person must be sponsored by another gang member.  Once sponsored, a prospective member must serve an unspecified term, during which he is referred to as a prospect while his conduct is observed by the members of the ABT.

Judge Lake has set sentencing for Oct. 24, 2013, at which time Weatherred faces a maximum penalty of life in prison.

Weatherred is one of 36 defendants charged with, among other things, conducting racketeering activity through the ABT criminal enterprise.  He is the ninth defendant charged in the indictment to plead guilty. 

This case is being investigated by a multi-agency task force consisting of the Bureau of Alcohol, Tobacco, Firearms and Explosives; Drug Enforcement Administration; FBI; U.S. Marshals Service; Federal Bureau of Prisons; U.S. Immigration and Customs Enforcement -Homeland Security Investigations; Texas Rangers; Texas Department of Public Safety; Montgomery County, Texas, Sheriff’s Office; Houston Police Department-Gang Division; Texas Department of Criminal Justice – Office of Inspector General; Harris County, Texas, Sheriff’s Office; Tarrant County, Texas, Sheriff’s Office; Atascosa County, Texas, Sheriff’s Office; Orange County, Texas, Sheriff’s Office; Waller County, Texas, Sheriff’s Office; Alvin, Texas, Police Department; Carrollton, Texas, Police Department; Mesquite Texas, Police Department; Montgomery County District Attorney’s Office;  and the Atascosa County District Attorney’s Office. 

The case is being prosecuted by the Criminal Division’s Organized Crime and Gang Section and the U.S. Attorney’s Office for the Southern District of Texas.

2013 WHS BBQ Cook-Off to Benefit the Border Patrol Foundation!

The 2013 Women in Homeland Security Barbecue Cook Off to benefit the Border Patrol Foundation is Saturday, September 21, 2013 from 12:00 PM to 7:30 PM (EDT) Washington, DC

Current Participants

Fairfax County International Search & Rescue - back to defend their title!!

Border Patrol Foundation

Coast Guard Chief Petty Officers Association DC

Coast Guard Enlisted Association

Immigration & Customs Enforcement (ICE) Foundation

InfraGard National Capital Region Members Alliance

National Law Enforcement Officers Memorial Fund

Team: 2CrazzyStepKuzins

Registration

http://www.eventbrite.com/event/7323088555

About Women in Homeland Security

WHS is a non-profit, non-partisan organization founded in March 2009. The group has grown to nearly 2000 public and private sector members.

The Mission of Women in Homeland Security is to build the homeland security community. WHS provides a professional organization for women working in the field of homeland security who are committed both to their jobs and to combating the threat of terrorism.  “Homeland security” is a relatively new field and the organization strives to provide women and men with a forum to learn about the many facets of the discipline and to build the connections necessary for a better understanding of the different roles of Federal, State and Local professionals in the prevention, protection and response to any type of incident. Through monthly meetings, book club, WHS University and the group’s charity work, Women in Homeland Security fosters a collaborative environment for homeland security professionals to improve our nation’s security and intelligence on critical homeland security topics confronting the nation.

Women in Homeland Security is committed to assuring that we never forget the threat of terrorism and the need for our nation to maintain its vigilance — despite the absence of a terrorist attack since September 11, 2001.

Six Colombian Nationals Charged with Murder of DEA Agent

JULY 19 - (Washington, D.C.) -Six Colombian nationals were indicted today by a federal grand jury in the Eastern District of Virginia for the kidnapping and murder of Drug Enforcement Administration (DEA) Special Agent James Terry Watson.

“Special Agent Watson was a brave public servant who dedicated his life to protecting the country he loved.  He was a hero, in every sense of the word, who was taken from us far too suddenly and far too soon," said Attorney General Eric Holder.  “With today's arrests, we take an important step towards ensuring that those allegedly responsible for his senseless murder are brought to justice.  We also send an unmistakable message to all who commit acts of violence against America's law enforcement professionals:  no matter who you are or where you live, we will do everything in our power to hold you accountable to the fullest extent of the law.”

Gerardo Figueroa Sepulveda, 38; Omar Fabian Valdes Gualtero, 27; Edgar Javier Bello Murillo, 26; Hector Leonardo Lopez, 23; Julio Estiven Gracia Ramierez, 30; and Andrés Alvaro Oviedo-Garcia, 21, were each charged with two counts of second degree murder, one count of kidnapping and one count of conspiracy to kidnap.  Oviedo-Garcia was also charged with two counts of assault.

Additionally, the grand jury indicted Wilson Daniel Peralta-Bocachica, 30, also a Colombian national, for his alleged efforts to destroy evidence associated with the murder of Special Agent Watson.

According to the indictment, Figueroa, Valdes, Bello, Lopez, Gracia and Oviedo-Garcia were part of a kidnapping and robbery conspiracy that utilized taxi cabs in Bogota, Colombia, to lure victims into a position where they could be attacked and robbed.  Once an intended victim entered a taxi cab, the driver of the taxi cab would signal other conspirators to commence the robbery and kidnapping operation. 

The indictment alleges that on June 20, 2013, while he was working for the U.S. Mission in Colombia, Special Agent Watson entered a taxi cab operated by one of the defendants.  Special Agent Watson was then allegedly attacked by two other defendants – one who stunned Special Agent Watson with a stun gun and another who stabbed Special Agent Watson with a knife, resulting in his death.

The charges were announced by Attorney General Holder; DEA Administrator Michele L. Leonhart; Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; U.S. Attorney Neil H. MacBride of the Eastern District of Virginia; Assistant Director in Charge Valerie Parlave of the FBI’s Washington Field Office; and Director Gregory B. Starr of the Diplomatic Security Service for the U.S. Department of State.

This case is being investigated by the FBI, DEA and Diplomatic Security Service, in close cooperation with Colombian authorities, and with assistance from INTERPOL and the Justice Department’s Office of International Affairs.  Assistant U.S. Attorney Michael P. Ben’Ary from the U.S. Attorney’s Office for the Eastern District of Virginia and Special Counsel Stacey Luck and Trial Attorney Christine Duey from the Criminal Division’s Human Rights and Special Prosecutions Section are prosecuting the case on behalf of the United States.  The Department of Justice gratefully acknowledges the Colombian Attorney General’s Office, Colombian National Police, Colombian Directorate of Criminal Investigation (DIJIN), DIJIN Special Investigative Unit, Bogota Metropolitan Police and Colombian Technical Investigation Team for their extraordinary efforts, support and professionalism in responding to this incident.

Criminal indictments are only charges and not evidence of guilt. A defendant is presumed to be innocent unless and until proven guilty.