2024-01-17 02:38:00
At the threshold of the trial once morest Juan Orlando Hernández and former officers Juan Carlos “El Tigre” Bonilla and Mauricio Hernández Pineda, the United States Prosecutor’s Office makes new revelations and seeks to include new evidence once morest them.
The extensive 29-page document contains complementary evidence of the process, including statements from protected witnesses and other evidence.
The document was presented this Tuesday before the Court of the Southern District of New York by the attorney general of that city, Damian Williams and deputy prosecutors Jacob Gutwillig, David Robles, Elinor Tarlow and Kyle Wirshba.
“The government respectfully presents this memorandum in support of supplementary measures to the “in limine” motion regarding the upcoming trial of Juan Orlando Hernández, Juan Carlos Bonilla and Mauricio Hernández Pineda,” the brief states.
It reveals that: “the government intends to call additional cooperating witnesses CW-3 and CW-4. He further intends to offer additional co-conspirator statements made to cooperating witnesses in this case regarding Bonilla.” In that sense, the prosecutors asked the Court to admit this new evidence.
The document indicates that prosecutors “have continued to meet with witnesses to identify and gather additional evidence that they may attempt to offer at trial and to notify the defense and resolve any evidentiary disputes before trial.”
Although the Prosecutor’s Office asserts that all new evidence, including acts of bribery and corruption, is “admissible as direct evidence.”
Over the months and since filing the first in limine document last year, prosecutors have identified a cooperating witness identified as CW-3, whom prosecutors intend to call into the debate.
According to the document, “CW-3 had exclusive access to high-level government officials in Honduras, he used that access to assist the Los Cachiros drug trafficking organization by, among other things, providing armed protection for certain drug shipments while they were transported by all of Honduras.”
Also, “help Los Cachiros obtain government contracts for Los Cachiros front companies to launder drug profits and exploit their government and military contacts to protect the drug trafficking operation.”
In exchange, the documentation indicates, “CW-3 received millions of dollars from the profits of Los Cachiros drug trafficking.”
Also, he reveals that “due to CW-3 connections he also developed a close relationship with Juan Orlando Hernández. CW-3 took advantage of this relationship with Juan Orlando Hernández to, among other things, obtain information and protection for Los Cachiros and facilitate drug trafficking.”
“Multiple bribes of several hundred thousand dollars were provided to Juan Orlando with CW-3’s drug trafficking proceeds with Los Cachiros. CW-3 gave one of those bribes to a relative of Juan Orlando. CW-3 provided a second bribe directly to Juan Orlando.”
The document also states that “Juan Orlando told CW-3 that the then director of a Honduran intelligence agency, identified as CC-8, might provide him with information to prevent the interdiction of drug shipments.”
Additionally, “before the 2013 presidential elections, witness CW-3 regarding campaign contributions that Juan Orlando had received from drug traffickers, including the Sinaloa Cartel.”
In its motions in limine of May 1, 2023, the Government identified two unidentified cooperating witnesses as CW-1 and CW-2 who are Víctor Hugo Díaz Morales and Alexander Ardón, and six unidentified accomplices from CC-1 to CC -6.
The extensive document also indicates that around 2009, CW3 attended a dinner in Tegucigalpa with Juan Orlando, Juan Antonio Hernández and a Colombian drug trafficker identified as “El Cinco.”
“At dinner, Juan Orlando, Tony Hernández, and El Cinco discussed which of them would assume the cost of a plane that had recently been seized in Roatán, Honduras. Juan Orlando told CW3, who was a lawyer and had recently served as a judge, that CW3 would be receiving a call from someone seeking help,” he indicates.
A few days later, “CW3 received a call from a drug trafficker named Pablo Amílcar, alias “El Sentado,” who asked to meet privately. CW3 then met with El Sentado, who told CW3 that he wanted his help with a Roatán judge to see if anything might be done regarding the seizure of the plane.”
“El Sentado told CW3 that the plane was carrying cocaine that belonged to Juan Orlando, Tony Hernández and other drug traffickers, and that the plane came from Colombia. In the end, CW3 was unable to assist with the seized aircraft.”
Immediately, “CW3 then informed Juan Orlando that he might not help with the seized plane and that he had learned that the seized plane was carrying drugs. Juan Orlando then told CW3, in sum and substance, for him to be discreet.”
In 2011, “when CW3 began working with Los Cachiros, Leonel Rivera told CW3, in summary and substance, that the Cachiros were selling cocaine to the Valles, and that Tony Hernández was working with them, and that Juan Orlando assisted in the “Tony Hernández’s drug trafficking operation is in the background.”
Between 2012 and 2013, the document states, “CW3 had multiple meetings with Fredy Renán Nájera Montoya, a Honduran congressman and drug trafficker, CC1, a high-ranking member of the Sinaloa Cartel, and an associate of CC1, regarding CW3’s assistance. to facilitate the control of Puerto Cortés for drug trafficking purposes.”
According to prosecutors, “CW3 was paid a total of approximately $150,000 to help facilitate port control. During one of these meetings, which occurred in San Pedro Sula, CC1 told CW3 that he would support Juan Orlando’s presidential campaign.”
Around the same time, “at Tony Hernández’s request, CW3 accompanied Tony Hernández to a gas station in Honduras following Tony requested CW3’s help with “an errand.” After arriving at the gas station, a man got out of a truck, spoke with Tony Hernandez, and placed a blue bag in Tony Hernandez’s vehicle, saying, in summary and substance, ‘this is what they sent you.'”
“On the way back to Tony Hernández’s residence, he told CW3, in sum and substance, that the bag had approximately $4 million of Valles .DTO dollars, which was for Juan Orlando’s campaign. CW3 also noted that the bag was full of US currency. Tony Hernandez called Juan Orlando in the presence of CW3 and said, in summary and substance, “I have what our friends sent,” which Juan Orlando acknowledged. “Both Tony Hernández and CW3 were armed.”
Still in 2013, “CW3 had a conversation with Juan Orlando regarding obtaining radar information to facilitate CW3’s drug trafficking with the Cachiros.”
“Juan Orlando told CW3 to contact CC8. Subsequently, on multiple occasions, CW3 spoke with CC8 regarding obtaining such information, which CC8 agreed to provide in exchange for payment. On one occasion, around 2014, CW3 unknowingly brought two confidential DEA sources to meet with CC8,” the document states.
It indicates that “during the meeting, which was recorded, one of the sources told CC8 that they wanted his consent and authorization to introduce drugs into Honduras. CC8 abruptly ended the meeting and left,” Juan Orlando subsequently told CW3, in summary and substance, that CW3 needed to be more careful not to expose Juan Orlando or CC8.”
Similarly, a second statement involved “Leonel Rivera informing his co-conspirator at the time, CW3, that the Valles, Tony Hernández and Juan Orlando were involved in his drug business.”
Likewise, they became involved in conversations regarding bribery to CW3 to help facilitate control of a seaport, as well as the Sinaloa Cartel’s support for the Juan Orlando government’s upcoming presidential campaign.
“Statement 4 involved conversations regarding approximately $4 million in bribes from Valle drug trafficking for Juan Orlando’s presidential campaign.”
“Statement 5 involved conversations between CW3 and CC8 regarding obtaining radar information in exchange for payment.”
Guatemalan drug trafficker Fernando Chang Monroy will also be called to the trial, who will state that starting in 2010 the Valles worked in coordination with Tony Hernández and Alexander Ardón for the Sinaloa cartel.
Chang Monroy will testify that Miguel Arnulfo Valle Valle, who bribed El Tigre Bonilla, “approximately every three months to protect his narcotics shipments. The payments, which would vary in frequency and amount, were paid by the Valles either directly to Bonilla or to two National Police officers.”
On their side, Alexander Ardón, former mayor of El Paraíso Copán, and Devis Rivera Maradiaga will also testify in this trial.
The Prosecutor’s Office also intends to offer at trial certain statements made by Miguel Valle to CW2, a member of the Sinaloa Cartel.
“In 2012, CW2 was working with CC1 to ship planes loaded with cocaine on behalf of the Sinaloa Cartel from Venezuela to Honduras, for subsequent distribution north through Mexico to the United States. Miguel Valle purchased some of those shipments and took them to airstrips operated by another co-conspirator (“CC7”), and then transported them to one of the Valle ranches.”
During that transportation, “CC7 coordinated the protection of the shipments by armed security provided by “El Tigre” Bonilla.
In particular, prosecutors expect CW2 to testify that in 2012, Miguel Valle informed CW2 that he had sent two King Air planes, loaded with thousands of kilograms of cocaine supplied by CW2, to the airstrips that CC7 operated in Honduras.”
Prosecutors seek to offer statements made to Leonel Rivera by Carlos Alberto Valladares Zúñiga, a corrupt Police official who conspired with Los Cachiros and the defendants.
“Specifically, Carlos Valladares, who participated with Los Cachiros led by Leonel Rivera, by supporting their drug trafficking activities and participating in acts of violence.” In particular, in 2011 and 2013, “Leonel Rivera facilitated a drug trafficking shipment from Venezuela to Honduras of approximately 375 kilograms of cocaine. The drug shipment was eventually delivered to the Valles in exchange for approximately $2.5 million. While that money was being transported back to Leonel Rivera, it was seized by police officers.”
“Leonel Rivera’s associates then paid, following his instructions, a portion of the money to Bonilla and others, as a bribe for their release. ”Prosecutors expect Leonel Rivera to testify that, three days following the shipment of narcotics described above was delivered to the Valles, he provided one of Leonel Rivera’s workers identified as CC8 with the sum of $2.5 million in cash in exchange for that shipment”.
“CC8 then hid the money in a sports vehicle, which was leading a caravan transporting the drug money. Shortly following, CC8 called Leonel Rivera to inform him that he had learned from the driver of the truck that the Police had found out that the officers had stopped the vehicle at gunpoint and had informed the driver of the vehicle that they had taken the address to “Bonilla”
Likewise, according to the driver of the vehicle, the police officers reported that Bonilla had ordered the officers to stop the truck because there was money inside.
“The government anticipates that Leonel Rivera will also declare that, upon learning that the truck had been detained, he called Carlos Valladares, who he knew was in the area. Valladares told Leonel that his options were to bribe Bonilla or try to exchange the truck for another similar vehicle, because Bonilla was heading to the police station where the car was following being detained,” the document reveals.
“Carlos Valladares told Leonel Rivera that he needed $500,000 to provide to Bonilla and other police officers.”
On the other hand, it is noted that starting in 2008, the witness identified that “CW4 heard leaders of the Sinaloa Cartel, including El Chapo, discuss the logistics of receiving loads of cocaine from the “Hernández”, the “Hernández Brothers”, “Don Antonio Hernández” in Honduras. While CW4 stayed on El Chapo’s property in Mexico and provided security for cocaine shipments that CW4 understood came from Honduras.”
Also, in 2010, “CW4 was guarding a landing strip in Mexico at the behest of El Chapo’s security and Sinaloa Cartel member Jorge Iván Gastelum Ávila, also known as “Cholo Iván,” also known as “50” ( “Cholo Iván”), when a plane arrived that, according to members of the Sinaloa Cartel, was carrying Tony Hernández from Honduras. Cholo Iván, on that occasion, referred to the individual who arrived as “Don Antonio.” Under the direction of Cholo Iván, CW4 transported Tony Hernández to one of El Chapo’s properties to attend the meetings.”
Likewise, that in 2012, “Cholo Iván ordered CW4 to provide security for El Chapo while he flew from Sinaloa, the stronghold of the Sinaloa Cartel, to Tapaculo, near Mexico’s border with Guatemala.”
“According to Cholo Iván, the CW4 was to provide security while El Chapo crossed from Mexico to Guatemala to meet. However, following the plane trip to Tapaculo, Cholo Iván informed CW4 that other Sinaloa Cartel security elements were already in Guatemala, so CW4 would remain in Tapaculo and wait for El Chapo to return,” the document states.
“While waiting for El Chapo’s return, CW4 heard updates from members of the security team over the radio, including that El Chapo had left Guatemala by helicopter for Honduras, and that El Chapo had reached his final destination in Honduras: a ranch owned by El Chapo. of the Hernandez brothers”
It reveals that “while CW4 was living in Costa Rica and working for the Sinaloa Cartel, CW4 twice received messages from Iván Archivaldo Guzmán Salazar (“Iván”), son of El Chapo and current head of the Sinaloa Cartel, ordering CW4 to travel to Honduras to pay a bribe to a particular lieutenant in the Honduran security forces.”
“CW4 understood that this payment was intended to guarantee, among other things, the safe passage of members of the Sinaloa Cartel through Honduras. Iván’s second message regarding these bribes, in 2018, included an instruction to tell the lieutenant that he should wait for further instructions because a speedboat transporting narcotics was on its way from Colombia to Honduras.
“After receiving both messages, CW4 traveled to Honduras and paid the bribe to the lieutenant. On the second occasion, CW4 also delivered Iván’s message to the lieutenant while he was sitting at a table with Bonilla.”
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