Chupeta Transcript

Case 1:04-cr-01064-SLT Document 36 Filed 03/05/10 Page 1 of 48 PageID #: 139
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Court Transcriber: For the Defendant:
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------X : UNITED STATES OF AMERICA, : : : : v. : : JUAN CARLOS RAMIREZ-ABADIA, : : Defendant. : ------------------------------------X
04-CR-01064 225 Cadman Plaza East Brooklyn, New York March 1, 2010
TRANSCRIPT OF CRIMINAL CAUSE FOR GUILTY PLEA BEFORE THE HONORABLE STEVEN M. GOLD UNITED STATES MAGISTRATE JUDGE APPEARANCES: For the Government: CAROLYN POKORNY, ESQ. ANDREA GOLDBARG, ESQ. JUSTIN LAIRD, ESQ. United States Attorneys Office Eastern District of New York 271 Cadman Plaza East Brooklyn, New York 11201 PAUL NALVEN, ESQ. ALEXEI SCHACHT, ESQ. DAVID S. ZAPP, ESQ. Nalven & Schacht 350 Fifth Avenue Suite 1422 New York, New York 10118
RUTH ANN HAGER TypeWrite Word Processing Service 211 N. Milton Road Saratoga Springs, New York 12866
Proceedings recorded by electronic sound recording, transcript produced by transcription service
2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 record. MS. POKORNY: Carolyn Pokorny, Andrea Goldbarg and Good afternoon. (Proceedings began at 4:14 p.m.) COURT CLERK: Criminal cause for guilty plea,
United States of America v. Juan Carlos Ramirez-Abadia, Docket Number 09-CR-772 [sic]. Counsel, please state your appearances for the
Justin Laird for the Government. THE COURT: MR. NALVEN:
Good afternoon. For the defendant Ramirez-Abadia Paul Your Honor, the record
Navel, N-A-V-E-L, Nalven & Schacht.
should reflect with the Courts permission that my partner Alexei Schacht is at counsel table and also our co-counsel David Zapp. THE COURT: And we have a Spanish interpreter.
Please state your name for the record as well. THE INTERPRETER: Anderson, previously sworn. THE COURT: Thank you, sir. Good afternoon, Your Honor. Peter
Mr. Ramirez-Abadia, are you able to understand what Im saying once its translated into Spanish for you by Mr. Anderson? THE DEFENDANT: THE COURT: Yes, Your Honor. Now, I have had the opportunity
Okay.
to look at some of the documents that have been presented to
3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 me in anticipation of todays proceeding and I do have some questions. First of all, as I understand it, the defendant
will be pleading guilty to Count I of two separate indictments, one of which is from another district. I dont
have the underlying documents that reflect the consent of the prosecuting offices in those two districts to proceed here, but I believe I have a representation from the Government in the written agreement that that is the case. MS. POKORNY: Thats right, Your Honor. The case
was successfully transferred to Judge Townes and so there -the appropriate documentation has been filed with the clerk of this court. THE COURT: Thank you. Directing my attention to
the agreement itself, Ill start simply and try to work up. On paragraph 5 of my copy at least and I think of the original that has now been handed up to the Court, on page 5, paragraph 3, the top -- very top line there is a date by which the defendant is to proceed in order to be eligible for a certain benefit under the guidelines. That date has passed. This is
at the top -- very top line on page 5. was an intention to amend that date. MS. POKORNY: Okay.
I dont know if there
So I think we should cross that
out and write in todays date and -THE COURT: MS. POKORNY: Okay. -- we can initial that. Thank you for
4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 catching it. THE COURT: MR. NALVEN: THE COURT: Why dont we start with that? Thank you, Judge. Sure. Thank you, everyone. I have some
questions about the penalty provisions articulated on pages 2 and 3 of the agreement. First, with respect to page 2 which
delineates the penalty provisions for the 21 U.S. Code 848 count in paragraph theres a reference to a minimum term of supervised release which tracks the typical Title 21 narcotics statute provisions, but Im not seeing that in 848. I thought
that without a specific mandatory minimum supervised release term in the offense statute we would be sent back to Title 18's provisions, which do not have mandatory minimum supervised release terms or life supervised release terms. Can you help me with that? [Pause in the proceedings.] THE COURT: MS. POKORNY: THE COURT: If this were a Title 18 offense -Yes. -- it would be a man -- it would be a
maximum five-year supervised release term with up to five years of incarceration as a penalty for revocation assuming its a Class A felony, which I do assume because of the life imprisonment possibility. MS. POKORNY: Well, I see what youre saying that
its not specifically -- theres no supervised relief
5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 provision seemingly in 848 so let me just check the other statute I cited to see if that ties it in. Well, its an
interesting question that I really hadnt focused my attention on it, frankly. I suppose we can advise the defendant that
conceivably he might be entitled to some lesser term of supervised release and it doesnt harm to warn him that he may face a greater one and that theres -- but you -- a quick reading makes me think that youre correct, but I havent had sufficient time to look into it. But at first blush it seems
as though what youre stating is correct. THE COURT: All right. Well, Ill try to articulate
it in a way thats fair to the defendant but if youre not satisfied, anybody, feel free to object and suggest something different to me. Turning my attention to page 3 and the penalties for Section 1963 I believe that Section 1963(a) states that the maximum penalty is 20 years absent a predicate act for which life imprisonment is a penalty but the agreement, unless Im missing it, does not specify the predicate act based upon which the Government contends that a sentence of life imprisonment is available and I wonder -- and I dont know -I obviously dont have the benefit of the defendants allocution yet. MS. POKORNY: THE COURT: Yes. I presume we would agree that the
6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 defendant would have to allocate to that particular racketeering act in order for the life imprisonment penalty to be triggered and I want to make sure that our proceeding includes such an allocution. MS. POKORNY: THE COURT: Yes. Can the Government direct me to the
count -- to the racketeering act that it believes carries life imprisonment as a potential penalty? MS. POKORNY: THE COURT: MS. POKORNY: Yes, Your Honor. Um-hum. Which is paragraphs 10 and 11, I should Racketeering Act I.
conspiracy to distribute and manufacture cocaine. add, its paragraphs 10, 11, and 12. THE COURT: MS. POKORNY: Okay. And --
Thats -- that carries a statutory And Racketeering
term of imprisonment of ten years to life. Act III, which is paragraph 15. THE COURT: MS. POKORNY: Um-hum.
And international cocaine distribution
conspiracy that also carries a sentence of ten to life. THE COURT: And does the defendant intend to
allocute to those specific racketeering acts, counsel? MR. NALVEN: We have prepared an allocution, Judge, Hes -- I mean,
thats kind of an all-embracing allocution.
if Your Honor wanted to do a count by count hes prepared but
7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 acts? MR. NALVEN: THE COURT: Exactly, Judge. Okay. Okay. Specifically. I think I only weve taken -THE COURT: Intended to encompass those racketeering
Thank you.
have one more question. MS. POKORNY: THE COURT: Okay. And I think I know the answer but I Maybe you can help me.
dont know why its the answer.
When I read Count I of the respective indictments it was hard for me to see how a defendant could be charged with both because the enterprises that are described and the predicate acts that are charged seem to overlap and I am wondering what the Governments position is on why these are separate offenses and not two iterations of the same one. MS. POKORNY: Yes, Your Honor. At the very least
the Eastern District has one or more acts that are distinct. They include Racketeering Act I, which is the murder of a specific individual named Vladimir Viegelman, V-I-E-G-E-L-M-AN, that is not charged in the other indictment. And
additionally -- Im going to get the exact numbers accurate -violations 5 through 9 of our continuing criminal enterprise count, Count I, are distinct drug loads that were not charged in the Washington, D.C. RICO indictment. THE COURT: Thank you. All right. I think Im
8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Thank you. Mr. Ramirez-Abadia, you are here today because your lawyers have indicated that you wish to surrender your right to trial and enter a plea of guilty pursuant to a written agreement you have made with the prosecution. Before I may ready to begin unless counsel have anything else theyd like to raise. I wonder if the interpreter could just step -- push
the microphone a little further away because Im hearing you through the speaker. THE INTERPRETER: THE COURT: Yes, Your Honor.
And its a little distracting to me.
hear any pleas of guilty you wish to offer today I want to be certain that you understand that I am not the Judge who is presiding over your case. The Judge whos presiding over your Judge Townes is
case is United States District Judge Townes.
the one who will decide whether any guilty plea you offer today should be accepted and if so how your sentence should be determined. I am a magistrate judge and I do not have the authority under the law to take those steps. Judge Townes, If you
who is a District Judge, will be taking those steps.
wish, you have the absolute right to present your plea of guilty to Judge Townes and if that is your choice there will no prejudice to you. You will be permitted to enter pleas of
guilty on the same terms and conditions that are being offered
9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sit? THE DEFENDANT: THE COURT: your lawyer? Yes, sir. to you today on a different day convenient to Judge Townes. In the alternative, though, if I have your consent and agreement I do have the authority to be the Judge who hears your plea of guilty. If you decide to proceed before
me, I will arrange for this entire proceeding to be recorded. That way Judge Townes will have a full record of everything weve said to each other before she is called upon to decide whether to accept your plea or how to determine your sentence. Do you understand me? THE DEFENDANT: THE COURT: Yes, Your Honor.
Do you wish to give up your right to
have Judge Townes be the Judge who hears your plea and do you agree to present it instead to me? THE DEFENDANT: THE COURT: Yes, Your Honor.
Are you making this decision voluntarily
and of your own free will? THE DEFENDANT: THE COURT: Yes, Your Honor.
Have you been threatened or promised
anything to encourage you to make this agreement? THE DEFENDANT: THE COURT: No, Your Honor.
Can you see this form from where you
Did you review this form in Spanish with
Did you understand it and did you sign it?
10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 questions. THE DEFENDANT: THE COURT: Yes, Your Honor.
Counsel, are you aware of any reason why
your client should not consent to proceed before me for these purposes? MR. NALVEN: THE COURT: None, Your Honor. I find the defendants consent knowing
and voluntary and Ive added my endorsement to the consent form reflecting that finding. Mr. Ramirez-Abadia, before I may recommend to Judge Townes that Her Honor accept any plea of guilty you decide to offer today, I need to ask you a long list of questions. questions are very important. The
They are designed to make sure
that you understand what a serious decision it is you are about to make and what the consequences of that decision are. The questions are also designed to protect the prosecution and the Court by creating a record that will demonstrate that I explained to you what your rights were, that will demonstrate that you said you understood your rights and wanted to waive them or give them up. Once that happens if you go forward
with a guilty plea it will be legally valid and permanently binding upon you. Accordingly, I urge you to listen carefully to the If youre not sure you understand my question tell
me and I will try to say it again in different words and make it clearer. If you want to ask me a question or have a
11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 private conversation with your lawyer just tell me and Ill give you the opportunity. THE DEFENDANT: THE COURT: Is that clear? Yes, Your Honor.
Its very important that you tell me the
truth today and I will direct that you be placed under oath before we proceed. Please rise with your attorney. Please raise your right hand.
THE CLERK:
(Juan Carlos Ramirez-Abadia, Defendant, Sworn.) THE COURT: You may be seated now. Now that you are
under oath when you answer my questions you do so subject to penalties of perjury or making a false statement. That means
that if you lie to me this afternoon new charges could be brought against you just for that. THE DEFENDANT: THE COURT: Is that clear?
Yes, Your Honor.
Tell me your full name. Juan Carlos Ramirez-Abadia. How old are you?
THE DEFENDANT: THE COURT: MS. POKORNY: THE COURT:
Thank you.
Forty-seven. How much formal schooling have you had? High school.
THE DEFENDANT: THE COURT:
Are you having any difficulty
understanding the interpreters translation of my words? THE DEFENDANT: THE COURT: No, sir.
Are you now or have you recently been
seeing a doctor, psychiatrist or other health care
12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 professional for any physical or mental or emotional problems? THE DEFENDANT: THE COURT: No, sir.
In the last 24 hours have you taken any
narcotics, drugs, medicine, pills or alcohol? THE DEFENDANT: THE COURT: No, sir.
Have you ever received medical treatment
or been hospitalized for drug or alcohol abuse or psychiatric problems? THE DEFENDANT: THE COURT: Never.
Is your mind clear today? Yes, sir.
THE DEFENDANT: THE COURT: on here so far? THE DEFENDANT: THE COURT:
Do you understand everything thats gone
Yes, sir.
Counsel, if Ive already asked you this Are you appointed or retained? Retained, Your Honor. Have you discussed the matter of
forgive the repetition. MR. NALVEN: THE COURT:
pleading guilty carefully with your client? MR. NALVEN: THE COURT: Yes. Does he in your judgment understand the
rights hell be surrendering if he enters a guilty plea? MR. NALVEN: THE COURT: Yes, Your Honor. Absolutely.
Is he capable of understanding the
nature of this proceeding?
13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. NALVEN: THE COURT: Yes, Judge. Do you have any doubt about his
competence to plead at this time? MR. NALVEN: THE COURT: None whatsoever. Have you alerted him to the maximum and
minimum sentence and fine that could be imposed, discussed with him the likely operation of the sentencing guidelines as contemplated by his agreement and alerted him to the collateral consequences of a conviction? THE DEFENDANT: THE COURT: Yes, Your Honor.
Thank you.
Mr. Ramirez-Abadia, have you had enough time to go over your case and the documents in your case very carefully and have you, in fact, done so? THE DEFENDANT: THE COURT: Yes, sir.
Are you satisfied to have the lawyers
who are representing you here today be the attorneys who are defending you in this case? THE DEFENDANT: THE COURT: Yes, sir.
If you could no longer afford their
services and you demonstrated that fact to me I would appoint a lawyer at no cost to you to defend you in connection with further proceedings in this case. You should not plead guilty
because you believe you cannot afford the fees necessary to defend the case. Do you understand me?
14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 attorneys? THE DEFENDANT: THE COURT: Yes, sir. THE DEFENDANT: THE COURT: Yes, sir.
Do you wish to proceed with your current
You are before the Court in connection One filed in the United States
with two separate indictments:
District Court for the District of Columbia under Docket Number 04-CR-126 and one before this court, the United States District Court for the Eastern District of New York under Docket Number 04-CR-1064 and in that case it is the third superseding indictment. indictments? Have you received copies of these two
Have they been explained to you carefully by
your lawyers in Spanish and do you understand what you are accused of in these charging documents? THE DEFENDANT: THE COURT: Yes, sir.
In the Washington D.C. indictment you
are charged in Count I with knowingly and unlawfully participating in the activities of an enterprise the prosecutors call the Norte Valle Cartel which participation included committing a series of racketeering acts that constituted a pattern of racketeering activity including agreeing with others to manufacture and distribute cocaine outside the United States to be brought into the United States and to launder the money generated by that activity. Do you
understand what you are accused of in the Washington, D.C.,
15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 indictment? THE DEFENDANT: THE COURT: Yes, sir.
In the Eastern District indictment you
are charged with a different crime but one that also involves your alleged role in what the prosecutors call the Norte Valle Cartel. In this indictment you are charged with being a
leader of that organization and committing a series of crimes in connection with its activities including the murder on or about December 2, 1993 of Vladimir Viegelman and the agreement with other members of the cartel to import cocaine into the United States from a foreign country. Do you understand the
charge against you the Eastern District indictment? THE DEFENDANT: THE COURT: Yes, sir.
You have a right to plead not guilty to
these charges and all of the other charges pending against you and it doesnt matter whether you committed these crimes or not with respect to that right. Every defendant, one who is
guilty or one who is not guilty, has the right to plead not guilty and require the prosecution to prove its case at trial. Do you understand? THE DEFENDANT: THE COURT: Yes, sir.
If you were to plead not guilty or
persist in any previously entered not guilty pleas youve made then under the Constitution and laws of the United States you would be entitled to a speedy and a public trial by jury with
16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the assistance of your attorneys on all of the charges that are pending against you. THE DEFENDANT: THE COURT: be innocent. Is that clear to you? Yes, sir.
At your trial you would be presumed to
The prosecution would be required to overcome
this presumption of innocence and prove that you were guilty by competent evidence and beyond a reasonable doubt. You
wouldnt have to prove that you were innocent and if the prosecution failed to prove that you were guilty beyond a reasonable doubt, the members of the jury would have the duty to return a not guilty verdict and Judge Townes would instruct them accordingly. Is that clear? Yes, sir.
Thats why juries sometimes find a
defendant not guilty even though the members of the jury believed the defendant probably committed the crimes hes been charged with. Probably is not enough for a conviction.
Jurors are instructed that they must find a defendant not guilty unless they are convinced beyond a reasonable doubt that he committed the crimes with which he has been charged. Do you understand? THE DEFENDANT: THE COURT: Yes, sir.
If you proceeded to trial then during
the course of your trial the prosecutions witnesses against you would be required to come into the courtroom and present
17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 their testimony against you right in front of you and your attorneys. Your attorneys would have the right to question Your
the prosecution witnesses on cross-examination.
attorneys would have the right to raise questions to the evidence that the prosecution attempted to offer against you and working closely with you your attorneys would have the right to call witnesses, present evidence, and make arguments to the jury before they considered their verdict during the course of your trial. Is that clear to you? Yes, sir.
At your trial you yourself would have
the right to testify as a witness in your own defense if that was the choice that you made; on the other hand, no one could require you to testify at your trial over your objection. That is because the United States Constitution says that no one may be required to say anything that is selfincriminating. If you decided that you did not want to
testify in your own defense at your trial, no one could make you and Judge Townes would instruct the members of the jury that they could not take your silence into account or hold it against you when they decided what their verdict should be. Do you understand that? THE DEFENDANT: THE COURT: Yes, sir.
On the other hand, if you offer the
guilty pleas contemplated by your plea agreement and Judge
18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Townes decides that they should be accepted, you will as a result be surrendering your constitutional right to a trial and all of the other rights that I have just described to you. There will be no further trial of any kind in your case. You
will have no right to appeal from the judgment of guilt that will be entered against you; rather, Judge Townes will essentially convict you of these crimes based upon your admissions in my courtroom this afternoon and that will free the prosecution of any responsibility to prove that you committed these crimes. THE DEFENDANT: THE COURT: Is that clear? Yes, sir.
If you proceeded to a trial and the jury
found you guilty of these crimes by their verdict you would be entitled to take an appeal to a higher court and ask that higher court to review the legality of all of the proceedings leading up to the jurys verdict of guilt. But when you plead
guilty your conviction is based upon your own words that you chose to speak and in that circumstance there is no right to appeal from the conviction that results. that? THE DEFENDANT: THE COURT: Yes, sir. Do you understand
If you plead guilty, I will have to ask
you questions about what you did in connection with the offenses with which you were charged. Those questions are
designed to satisfy me and Judge Townes that your pleas of
19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 guilty are based upon facts that really happened. You do not
have to answer these questions unless you wish to finalize and go forward with your guilty plea. If you do answer these
questions and you admit that you committed the crimes you are charged with your answers will be a surrender of your right not to say anything that is self-incriminating. understand that? THE DEFENDANT: THE COURT: Yes, sir. Do you
Do you still wish to give up your right
to trial and all of the other rights that I have been describing to you today? THE DEFENDANT: THE COURT: Yes, sir.
I am told that you are making this
decision pursuant to the terms of a written agreement you have made with the prosecution. Courts Exhibit 1. The agreement has been marked as It is typewritten.
It is 19 pages long.
There is a handwritten amendment in the first line on page 5 and a second handwritten amendment at the begin -- in the middle of paragraph 20 on page 18. look at Courts Exhibit 1 now. MR. NALVEN: THE COURT: Thank you so much. Do you recognize this document and does Im going to ask you to
your signature appear upon the final page of it? THE DEFENDANT: THE COURT: Yes, sir.
Before you signed this document was it
20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 signed? THE DEFENDANT: THE COURT: Yes, sir. attorneys? THE DEFENDANT: THE COURT: Yes, sir. read to you verbatim in Spanish? THE DEFENDANT: THE COURT: Yes, sir.
Did you carefully review it with your
Did you understand the document that you
Do you have any questions about your
agreement that you would like to ask me or discuss privately with your lawyers before we proceed? THE DEFENDANT: THE COURT: No, sir.
Is everything that is written down in
your agreement clear to you? THE DEFENDANT: THE COURT: Yes, sir.
Does your agreement contain in writing a
full accurate statement of everything you and the prosecution have agreed to with respect to your case? That question
didnt translate well; I can see by the look on your face. Referring you back to this agreement is everything that you and the prosecutors agreed to written down in here and is it written down accurately and fairly? THE DEFENDANT: THE COURT: Yes, sir.
Has anyone promised you anything in
return for your guilty pleas other than what is written down
21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in your agreement? THE DEFENDANT: THE COURT: No, sir.
As Ive said before, your agreement
contemplates pleas of guilty to two separate charges, one from the Eastern District of New York and one from the Federal Court in Washington, D.C. I need to review with you now the
penalties you face in connection with these charges. MR. NALVEN: Your Honor, could we have just one
second before we pass on to the next -THE COURT: MR. NALVEN: [Audio gap.] MR. NALVEN: Basically, Your Honor, I didnt want When Your Honor had Yes, sir. Okay.
the record to go by without correcting.
taken my client through the pedigree portion, when he said superior or superior in English what he meant was I -- is that he has substantial higher education, not high school as the interpreter indicated. THE COURT: Thank you.
Mr. Ramirez-Abadia, did you hear and understand your attorneys correction? THE DEFENDANT: THE COURT: Yes, sir.
And is it, in fact, the case that you
have some college education as well as a high school diploma? THE DEFENDANT: Yes, sir.
22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Thank you. Thanks. Id like to now
review the penalties that face you in connection with these charges. to that? THE DEFENDANT: THE COURT: Yes, sir. Can I refocus your -- can you refocus your attention
Im going to start with the Eastern
District of New York charge where youre accused under the narcotics laws of being a leader of a continuing criminal enterprise and committing a murder and the manufacture and importation of cocaine, among other things, in connection with that role. The statute you are accused of breaking, the law
you are accused of breaking requires a prison sentence of at least 20 years and authorizes a prison term as long as the rest of your life. Do you understand me? Yes, sir.
In addition, the statute calls for a Supervised release is a period of
term of supervised release.
time that doesnt even start running until you finish serving whatever prison sentence is imposed, if you ever do. If you
are ever released from prison, you will then be subject to the rules of supervised release. Although you will almost
certainly be deported from the United States if you are ever released from prison I will still tell you that if you somehow remain here you will be subject to a long list of rules that will include restrictions on your right to travel and
23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 requirements that you regularly report to a probation officer and follow the officers instructions and answer the officers questions with honesty. Whether you remain in the United
States or not, it will be a further condition of your supervised release that you commit no new crimes at all. And
if you break any supervised release rule that you are required to follow, you will be subject to an arrest and being brought before this court and being sent back to prison on this continuing criminal enterprise charge. to you? THE DEFENDANT: THE COURT: Yes, sir. Is all of that clear
As I read the statute this term of
supervised release could be as long as five years and could result in a period of incarceration of up to five years if you break any of the rules. THE DEFENDANT: THE COURT: Is that clear? Yes, sir.
The prosecution argues that as a
narcotics offense the supervised release term must be at least five years and could be as long as the rest of your life but agrees with my reading that a violation of supervised release could result in up to five years of incarceration. THE DEFENDANT: THE COURT: million dollars. Yes, sir.
You could be fined as much as two
You understand that? Yes, sir.
THE DEFENDANT:
24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 me. THE COURT: And the Government seeks a criminal
forfeiture in the amount of ten billion dollars, with a B if Im correct, including but not limited to a variety of assets described in your agreement. THE DEFENDANT: THE COURT: Not finally. Do you understand that?
Yes, sir.
Finally, as is the case -- oh, excuse
You could be required to make restitution
based upon the amount that your enterprise gained by committing the crimes with which you have been charged. that clear? THE DEFENDANT: THE COURT: imposed against you. Yes, sir. Is
A $100.00 special assessment will be Is that clear? Yes, sir.
And finally, your plea of guilty will be
grounds to deport or remove you from the United States of America and whatever you admit to in my courtroom today may be used against you in any future proceedings that might be held to determine your right to remain in or ever return to the United States. Is that clear? Yes, sir.
I want to turn your attention then to
the indictment from Washington, D.C., in which you are charged with participating in the affairs of a racketeering enterprise through a pattern of criminal activity. Do you have your
25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 attention on that case now? THE DEFENDANT: THE COURT: Yes, sir.
The penalties you face in that case are
similar but not identical to the ones Ive just described, so please focus carefully so you dont confuse them. Moreover,
they could be imposed consecutively or concurrently in Judge oTownes discretion. That means that it will be up to Judge
Townes whether you will have to finish serving all of the sentence conditions imposed in Count I in the Eastern District case before you can begin to work on satisfying the sentence in the D.C. case or whether you will get credit for both for the same effort or time incarcerated. did I confuse you? THE DEFENDANT: THE COURT: Will you repeat that, Your Honor? Im going to try that again. I Do you understand me or
Yeah.
didnt say it as well as I wanted to. The penalties in connection with the Washington, D.C. case could be imposed consecutively or in addition to the penalties imposed on the Eastern District case or concurrently meaning that each day you spend incarcerated could be attributed to both sentences. to make that decision. It will be up to Judge Townes
But in terms of pleading guilty I try
to make sure that a defendant understands the worst possible outcome and that would be consecutive sentences, in other words, having to finish the sentence in the Eastern District
26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 case before you could begin to get credit towards the Washington, D.C. case. MR. NALVEN: Your Honor, not to muddy the record at
all, I closely counseled my client on the penalty aspect of the case of both indictments and I think in a moment hes prepared to acknowledged exactly what Your Honor placed on the record. But I know his psychology as well and I would ask if
Your Honor in some way would acknowledge footnote one on page 2, which has the extradition treatment of the possible penalties. THE COURT: Yes. Okay. I overlooked that. I
appreciate your bringing it out to me. My understanding from the prosecution is that there is an agreement in this case that the defendants sentence will not exceed 30 years of 360 months. Ms. Pokorny? MS. POKORNY: Yes, Your Honor. And thats because Is that correct,
as a condition of extraditing the defendant from Brazil the U.S. Government had to assure the government of Brazil that he would not serve in excess of 30 years in prison. MR. NALVEN: hasnt done the -MS. POKORNY: MR. NALVEN: Altogether. -- [inaudible]. He said he was going Havent done -- hes done the -- he
to refer to one later on.
27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 aware. up. THE COURT: You know, the microphone is picking you
I can hear you right here. MR. NALVEN: THE COURT: Im sorry. I thought Id point you to -- I dont I dont want you to inadvertently say
mind the disturbance.
something in a sidebar with your colleague that then gets picked up by our court reporter, so if you -- if at any point you need to say something privately, just turn the green light off and it wont be overheard. MR. NALVEN: MR. ZAPP: Yes, Your Honor. I just want to make it clear to the Court
as well as to the Judge. THE COURT: Im the Judge and the Court. You
said, I want to make it clear to the Court and the Judge. Could you define the difference for me, Mr. Zapp? MR. ZAPP: Ill try. You know, theres an
understanding with respect to the plea agreement that the defendant will get 25 years by the Judge or he has the right to withdraw his plea of guilty so that this becomes somewhat difficult for him to explain to him. In fact, Im not sure if
the Court is simply saying this is what the law provides and that is separate and apart from what the plea agreement provides, so I just wanted the Court to be aware. THE COURT: Im glad you pointed it out. I was not
I need to take a closer look at that paragraph.
28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. NALVEN: My understanding -- my understanding at
the bench conference was that Your Honor was going to address that later on when we talked about promises and conditions, Your Honor. that. I have no doubt Your Honor is going to get to
Just in terms of the penal -- overall penalty phase,
the aggregate sentence, we thought it was important to point out the extradition treatment. THE COURT: I see. Yes. I hadnt focused on it as
carefully as I should and I appreciate your bringing it up now. Going back to the 30-year provision I understand the escape clause, to use an informal term, for a sentence exceeding 25 years. Has -- whats to prevent Judge Townes
from imposing more than 30 years, if anything? MS. POKORNY: The U.S. Government has assured the
government of Brazil that we will take all steps necessary to ensure that he does not serve in excess of 30 years, which would include things such as reducing the charges if necessary. We had to do whatever is necessary to make sure And so prior to sentencing we
that we keep that promise.
would ask Judge Townes to commit that shes willing to help us achieve that goal and if she were to signal that she objected then we would have to take steps necessary. THE COURT: MS. POKORNY: I understand. And I would prefer if we stick with
29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the agreement because perhaps we might state things that stray a little bit from the agreement, so I would suggest if were going to discuss paragraph 14 to simply state that if those conditions are satisfied then and only then could the defendant receive a sentence of 25 years. THE COURT: MS. POKORNY: MR. NALVEN: Okay. And that would be -Your Honor, I dont want to muddy the
waters either and I sincerely dont think I am, but Im listening to a conversation in here where the Court is saying that what is to prevent Judge Townes from giving this defendant 30 years and do you understand that and the fact is that there is such a provision that would allow the defendant to withdraw his plea of guilty if he didnt get 25 years. there seems to be some tension there and -THE COURT: But its not automatic. Its subject to So
the conditions of paragraph 14. MR. NALVEN: THE COURT: MR. NALVEN: THE COURT: Thats correct. Okay. Thats correct. I understand and I appreciate the time
weve taken to clarify all of this but I feel we need to go back and explain what weve already done and where were headed. Mr. Ramirez-Abadia, what I have been trying to
30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 explain to you are what the maximum penalties are that the law provides. Because of the manner in which you were brought
before this court and because of paragraph 14 of your agreement there are other factors that affect your maximum exposure in the case and certain rights you may have to challenge your sentence or withdraw your guilty plea, but I want to start by making sure you understand the maximum sentences available under the statute and then we will talk about how those maximum sentences may or may not be available to Judge Townes when she decides your sentence. I know its
complicated to do it that way but its our pattern and if you can stay with me thats the way I would like to proceed. you understand me so far? THE DEFENDANT: THE COURT: Yes, sir. Do
So although on the one hand the
prosecutor has now committed on the record of this proceeding as she has in writing in your agreement, referring to footnote 1 on page 2, that the prosecution understands it has made a commitment to the government of Brazil that you will not serve more than 30 years in prison. The statute -- the law on the
books in the United States says with respect to the Eastern District count that your sentence must be at least 20 years and could be as long as the rest of your life, that you will be subject to a term of supervised release and if you break the supervised release rules you could be sent back to prison
31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 for up to five years, and has the financial penalties in terms of fine, forfeiture, restitution and special assessment, and the collateral consequence in terms of deportation that I have already explained to you. THE DEFENDANT: THE COURT: Do you understand all of that? Yes, sir.
With respect to the charge against you
from Washington, D.C., again, a second term of life -- I know thats a foreign concept to a layperson but as lawyers and judges we understand that one can be brought before the Court on two separate charges, each of which carry a possible sentence of up to life in prison and those sentences could as a theoretical matter be imposed consecutively. However, I acknowledge as your lawyers I think would have me acknowledge at this point that the Government is committed that your maximum exposure for both counts will remain at the 30-year level and that they will do whatever they can -- everything they can to make sure that Judge Townes does not impose sentences on both counts that exceed that term of incarceration. Is that correct, Ms. Pokorny? Yes, sir. With respect to the Washington, D.C., Here because
MS. POKORNY: THE COURT:
count supervised release applies there as well.
supervised release does not require incarceration consecutive terms are possible. A second term of supervised release of up
to five years could be imposed on the Washington, D.C., count
32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3. MS. POKORNY: THE COURT: No. Or twice the amount that was gained by Do you with a penalty of up to five years of incarceration should supervised release rules be broken. THE DEFENDANT: THE COURT: Yes, sir. Is that clear to you?
Just to make the waters a little
muddier, what would the Governments position be if we were to say a sentence of 30 years was imposed, withdrawal of the guilty plea were made, and supervised release were violated? Would the defendant be subject to additional incarceration under the circumstance? MS. POKORNY: be a separate offense. I think he could be because that would He cannot serve more than 30 years on
this offense, but that does not speak to him committing some future violation of supervised release or some future crime. THE COURT: Did you hear and understand what the
prosecutors position in that regard would be? THE DEFENDANT: THE COURT: Yes, sir.
On the second charge from Washington,
D.C., you could subject to a fine that would be either $250,000.00. Is there any pecuniary loss theory in this case? For the RICO? Yeah. Im looking at the bottom of page
MS. POKORNY: THE COURT:
your racketeering activities, whichever is greater.
33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 understand that? THE DEFENDANT: THE COURT: Yes, sir.
A criminal forfeiture judgment could be
entered or would be entered in this case involving the same ten billion dollars and other assets set forth in the agreement? Do you understand that? THE DEFENDANT: THE COURT: charge as well. Yes, sir.
Restitution could be ordered under this
That would not be imposed consecutively if You only have to make that once. Do
you make restitution. you understand that?
Yes, sir.
Of course, to the extent that different
conduct is charged in each count and the different conduct caused a restitution obligation to arise, the restitution might not overlap completely. THE INTERPRETER: Is that clear?
Your Honor, may the interpreter
have a repetition of that phrase? THE COURT: Ill try. Thank you.
THE INTERPRETER: THE COURT:
To the extent that there are different
action -- criminal actions in the Washington, D.C., count than in the Brooklyn, New York count different restitution obligations might arise and you could therefore be subject to different restitution obligations in each count. Do you
34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 understand that? THE DEFENDANT: THE COURT: Yes, sir.
A second $100.00 special assessment will Is that clear? Yes, sir.
be imposed on this charge. THE DEFENDANT: THE COURT:
And your plea of guilty to this charge
will provide a separate and independent ground for your deportation or removal from the United States. understand that? THE DEFENDANT: THE COURT: Yes, sir. I want to turn your Do you
Excellent.
attention then to what we call the Sentencing Commission guidelines. These guidelines will be calculated by Judge
Townes and will provide Her Honor with a range of months within which the law suggests your sentence should be set. take it that the Governments position is that the guideline range would exceed 30 years in this case. MS. POKORNY: THE COURT: Yes, sir. The final decision about the guidelines Judge Townes has not calculated I
will be made by Judge Townes.
the guidelines yet and Her Honor wont do so until she receives something called a presentence report. hasnt been written yet. That report
Once it is ready you and your
lawyers and the prosecutors will all be permitted to read it. You will then have an opportunity to appear before Judge
35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Townes at which time you may instruct her or direct her attention towards anything in the report with which you disagree. range. The prosecution predicts that Judge Townes will decide upon a guideline range exceeding 360 months but that they will persuade Judge Townes, it is their hope and expectation, to be bound by their commitment, that you will not be incarcerated for longer than that making any guidelines calculations in excess of 30 years moot. that? THE DEFENDANT: THE COURT: Yes, sir. Do you understand Only then will Judge Townes calculate the guideline
Paragraph 14 of your plea agreement
indicates that if its terms are met the Government will seek Judge Townes imposition of a sentence of 25 years and that if Judge Townes declines to agree to that application by the Government that you will be permitted to withdraw your guilty plea if all of the other terms of paragraph 14 are met and only if all of the other terms of paragraph 14 are met. state that correctly from the Governments perspective? MS. POKORNY: I would add that both sides will be Did I
recommending the specific sentence of 25 years if the conditions of paragraph 14 are met. THE COURT: point of view? Is that correct from defense counsels
36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 parole. Judge. MR. NALVEN: Thank you. THE COURT: Mr. Ramirez-Abadia, did you hear and Thats our understanding as well,
understand everything weve just said about paragraph 14 and 25 years and how its not automatic? THE DEFENDANT: THE COURT: Yes, sir. No matter what sentence you
Very well.
receive if the conditions of paragraph 14 are not met you will have no right to withdraw your plea of guilty. The only right
you would have would be to appeal from the length of your sentence if you have grounds to contend that it was unlawfully imposed. Do you understand that? [Off the record.] THE COURT: Okay. Were back on the record. Well --
Mr. Ramirez-Abadia, I know youve consulted with your lawyer. Do you remember what I said to you and do you understand it? THE DEFENDANT: THE COURT: Yes, sir. Now, you may have heard of
Very well.
Parole is a program of early release from a prison There is no
sentence but parole is a New York State program.
parole in Federal Court or federal prison, so you will not be released early from whatever sentence Judge Townes imposes on parole. Do you understand me? THE DEFENDANT: THE COURT: Yes, sir.
Assuming you meet the conditions of
37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 paragraph 14 and you receive a sentence of the full 25 years, you will have no right to withdraw your guilty plea because you decide at some future date it was a bad idea or you dont want to do it anymore. today. Youre committed as you go forward
Do you understand? THE DEFENDANT: THE COURT: Yes, sir.
Do you have any questions you would like
to ask me or discuss privately with your attorneys about the charges against you, the rights youre being asked to surrender, the penalties you face, the terms of your agreement or anything else? THE DEFENDANT: THE COURT: No, sir.
Is everything thats been said during
this proceeding by me, by the prosecutors, and by your lawyers clear to you? THE DEFENDANT: THE COURT: Yes, sir.
Are you ready to enter your pleas? Yes, sir.
Counsel, do you know of any reason why
your client should not proceed with the guilty pleas contemplated by this agreement? MR. NALVEN: whatsoever. THE COURT: Mr. Ramirez-Abadia, with respect to No, Your -- no, Your Honor. None
Count I of Eastern District indictment 04-CR-01064-S-3 in
38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 which you are charged with leading a continuing criminal enterprise how do you plead, guilty or not guilty? THE DEFENDANT: THE COURT: Guilty.
With respect to Count I of the
indictment from Washington, D.C., Number 04-CR-126 in which you are charged with participating in the affairs of a racketeering enterprise through a pattern of racketeering activity how do you plead, guilty or not guilty? THE DEFENDANT: THE COURT: Guilty.
Do you make these pleas of guilty
voluntarily and of your own free will? THE DEFENDANT: THE COURT: Yes, sir.
Have you been threatened or forced by
anyone to plead guilty to these charges? THE DEFENDANT: THE COURT: No, sir.
Have you been promised anything other
than what is written in your agreement with the Government as further described or in this proceeding in my courtroom this afternoon in return for these pleas of guilty? THE DEFENDANT: THE COURT: No, sir.
I understand we are at the point in the
proceeding where I will call upon you to explain to me what you did that makes you guilty of these offenses. I understand
that with the help of your attorneys you have prepared a written statement you would like to read and file with the
39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Court. I have no objection to that procedure provided we Your lawyers may have helped you
understand the following.
find the words but the facts that they communicate are your responsibility. What I mean by that is you will recall that I
placed you under oath at the beginning of this proceeding. You are about to tell me certain things that you have knowledge of, I believe, that no one else in the room has knowledge of. the Court. You are representing these facts under oath to
Your lawyers may have helped you with the style
and completeness of your presentation, but this must be the truth as you recall it or you are subject to the penalties of perjury. Is that clear to you? THE DEFENDANT: THE COURT: Yes, sir.
You may tell me then either in your own
words as you recall them or by reading the statement your lawyers have helped you prepare what you did that makes you guilty of these offenses. THE DEFENDANT: THE COURT: MR. NALVEN: Yes, sir.
How are we going to do this? We have an agreement if its okay with
the Court paragraph by paragraph. THE COURT: Thats fine. Beginning in the late 1980s up until
THE DEFENDANT:
the end of the period covered by the two indictments against me and up to my arrest in the summer of 2007 I engaged in
40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 numerous narcotics and narcotics trafficking with other crimes as detailed in the indictment -- the two indictments against me. I admit that I am guilty of all crimes charged in those
two indictments. THE COURT: Now, I assume that although you two are
reading that you are subscribing to the translation in the written document -- or maybe you even authored it. know. Can you help me out with that? THE INTERPRETER: Yes, Your Honor. I reviewed the I I dont
document, the translation into English of this document. believe it to be a professionally done translation and is accurate in its entirety. THE COURT: Thank you very much. So I am simply reading what
THE INTERPRETER:
Mr. Ramirez-Abadia is reading into the record. THE COURT: MR. NALVEN: Thank you very much. And, Your Honor, I can state as an
officer of the Court that Mr. Ramirez-Abadia took a personal pen [ph.] in preparation of both documents. He was very
closely counseled and participated in every line. THE COURT: Thank you. During the course of my narcotics
THE DEFENDANT:
trafficking I became one of the leaders of the CCE Enrico [Ph.] organizations known as the North Valley Cartel. As such
I was responsible for the importation into the United States
41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of more than 150 kilos of cocaine. In addition, much of the
cartels financial proceeds were laundered by the enterprise of which I was a leader. I personally made more than ten In order to further
million in profit from this enterprise.
the aims of the enterprise, a narcotics conspiracy, I and others ordered the kidnapping and murder of various people including the murder of Vladimir Viegelman. I also bribed
many law enforcement and Government officials in order to help myself and the enterprise to gain valuable information and to avoid detection and prosecution by law enforcement. Regarding the charges for my criminal activities which were accomplished in Columbia and other countries during the 1980s until my extradition to the United States in August of 2008 I conspired with others and organized a criminal enterprise of which I was the leader. It was composed of
various fronts, one dedicated to drug trafficking in Columbia and Mexico as well as the United States and in other Latin American countries. And as part of said activity I sponsored
the creation of cocaine laboratories that we own and laboratories that we shared with others or contracted. For the transportation of cocaine produced in the above-mentioned laboratories I used maritime transportation methods such as fishing vessels, merchant vessels, speed boats -- speed boats and submarines. I also exported cocaine
using aviation transport methods in all its forms using both
42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 public airports and clandestine air strips. We also utilized
a front dedicated to money laundering which received currency in the United States, Mexico, Brazil and other countries in Latin America in transporting it to Columbia where it was entered into the financial system through cash and the use of sham companies. And I also had hid assets that were the
fruits of drug trafficking in the name of nominees [ph.] or straw owners. We maintained other fronts dedicated to
committing acts of official corruption in Columbia with the aim of the enterprise avoiding prosecution. We also had a front that functioned as offices of collection and assassination dedicated to acts of violence among which were committed kidnappings and murders ordered by me as leader of the enterprise and by my lieutenants and our subordinates. I declare myself guilty of all this conduct
that I led and supervised that comprised a criminal organization as an alias Chupeta. All of the allegations in
the Eastern District indictment are true. All of the allegations in the District of Columbia indictment are true but two, paragraph 21(a) of that indictment states that I conspired with other persons to murder members of a group called Los Burros [Ph.]. allegation is not true. Paragraph 21(f) of the same That
indictment states that I personally shot and killed Luis Alfonso Ocampo Fomagay [Ph.]. This allegation is also not
43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 true. I did, however, conspire with others in the indictment
to lure him to a meeting at which we knew that others working for the enterprise would kill him at our behest. THE COURT: Mister -- this may be overly technical
since some of this in implicit in whats already been said, but its not explicit. Mr. Ramirez-Abadia, did the
enterprise, the North Valley Cartel have more than five members? THE DEFENDANT: THE COURT: Yes, sir.
Did the North Valley Cartel generate
receipts in excess of ten million dollars during any particular 12-month period? THE DEFENDANT: THE COURT: Yes, sir.
I assume that the Government is
satisfied with the allocution and that the interstate commerce elements are met by the references to drug importation, among other things. Is there anything else you would have me
inquire of the defendant? MS. POKORNY: Ill just put on the record briefly
that venue is established by various means including drugs and money coming through our district in addition to the murder of Vladimir Viegelman, which is a violation one of the Brooklyn indictment actually occurred in Queens, New York. THE COURT: Do you agree with the prosecutors
representation to the Court that Mr. Viegelman was killed in
44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Queens, New York? THE DEFENDANT: THE COURT: Yes, sir.
One thing I neglected to focus on as I
was listening, Ms. Pokorny, that you might be able to help me with was the fact that we talked earlier about the racketeering acts that carry life, Ive lost track of that
but I -- now that Im saying it out loud I think the drug description meets those requirements. MS. POKORNY: Thats correct. The Racketeering Act
I and Racketeering Act III charged cocaine distribution he allocuted to 150 kilograms along with [inaudible] five kilograms. THE COURT: Right. And that also meets the 30 times
500 grams for purposes of the CCE -- 300 times 500 grams. [Off the record.] MS. POKORNY: -- Your Honor is going to put in the
record that you recommend that Judge Townes accept the release. THE COURT: MS. POKORNY: Yeah. So Ill just put on the record that we
will follow-up then also. THE COURT: Based on the information given to me I
find that the defendant is acting voluntarily, that he fully understands his rights and the consequences of his plea, and that his plea has a basis in fact. I therefore recommend that
45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Judge Townes accept the defendants pleas of guilty to Counts I of the two indictments weve been referring to throughout these proceedings. I understand that sentencing will be
scheduled by Judge Townes chambers at some point in the future. Is there anything further for my attention before we close the record? MR. NALVEN: Judge, youve already -- Your Honor Just our application that
already made reference to it.
default versus of the allocution English and Spanish be filed in the [inaudible] Court. THE COURT: MS. POKORNY: THE COURT: MS. POKORNY: MR. ZAPP: Yes, I will see to that. Yes, thank you. Thank you everybody. Thanks to the marshals.
Your Honor, if I could just put on the
record this is not consensually germane to the plea but my client would feel much better. I could simplify this. My
client was arrested in Brazil on August 8th of 2007 for the extradition purposes only and Im holding so that the record will reflect -- Im holding the decision which simply says preventative detention for extradition number 590 and it says that the person -- country that wants the defendant Juan Carlos Ramirez-Abadia also known as Chupeta is the United States of America.
46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The defendant was in continuous custody since the 7th -- or since the 8th of August 2007 until he left for this country so he was never outside of the custody and he left on August 22nd of 2008. And Im also holding a Supreme Court
decision of the country of Brazil which states that for the time that he was in continuous custody on this extradition warrant he should be given credit. That was one of the
conditions that Brazil asked from the Government of the United States so the Court should know that the country of Brazil has recommended that. THE COURT: Well, I will not deem the Governments
silence to be acquiescence to your point but Im sure it will be taken up and fully aired between now and sentencing. there anything else? MR. ZAPP: Well, I was under the impression, Your Is
Honor, that the Government knew about this and knew -- because Im only -- Im only reciting facts. THE COURT: Im not reciting any --
Well, its a funny time to bring it up
if its part of the agreement. MR. ZAPP: No, its not. Its not. I just -The
sometimes these things -- Ill tell you the problem. problem is that when people try to verify this by the
Government it goes from State Department to State Department and it comes all the way back and it sometimes is never resolved. And you have a situation where a man may be doing
47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 and -- doing 26 years rather than 25 years and totally undeservedly. MS. POKORNY: Im -- I will acknowledge that under
the statute your presence is required to give him credit for time spent awaiting extradition and the U.S. Government promised the Government of Brazil that whatever amount of time that is he is entitled to that. THE COURT: All right. Thank you, everyone. Id
like counsel to stay behind just to help me with what gets filed and by whom. MR. NALVEN: Thank you, Your Honor.
(Proceedings concluded at 5:34 p.m.) * * * * * *
48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Dated: March 4, 2010 Ruth Ann Hager I certify that the foregoing is a court transcript from an electronic sound recording of the proceedings in the aboveentitled matter.

Chupeta Transcript

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Chupeta Transcript

Uploaded by

Copyright:

Available Formats

Case 1:04-cr-01064-SLT Document 36 Filed 03/05/10 Page 1 of 48 PageID #: 139

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Court Transcriber: For the Defendant:

Proceedings recorded by electronic sound recording, transcript produced by transcription service

Case 1:04-cr-01064-SLT Document 36 Filed 03/05/10 Page 2 of 48 PageID #: 140

Justin Laird for the Government. THE COURT: MR. NALVEN:

Navel, N-A-V-E-L, Nalven & Schacht.

to look at some of the documents that have been presented to

Case 1:04-cr-01064-SLT Document 36 Filed 03/05/10 Page 3 of 48 PageID #: 141

I dont know if there

So I think we should cross that

Case 1:04-cr-01064-SLT Document 36 Filed 03/05/10 Page 4 of 48 PageID #: 142

its not specifically -- theres no supervised relief

Case 1:04-cr-01064-SLT Document 36 Filed 03/05/10 Page 5 of 48 PageID #: 143

Case 1:04-cr-01064-SLT Document 36 Filed 03/05/10 Page 6 of 48 PageID #: 144

Thats -- that carries a statutory And Racketeering

And international cocaine distribution

thats kind of an all-embracing allocution.

if Your Honor wanted to do a count by count hes prepared but

Case 1:04-cr-01064-SLT Document 36 Filed 03/05/10 Page 7 of 48 PageID #: 145

dont know why its the answer.

Case 1:04-cr-01064-SLT Document 36 Filed 03/05/10 Page 8 of 48 PageID #: 146

And its a little distracting to me.

case is United States District Judge Townes.

who is a District Judge, will be taking those steps.

Case 1:04-cr-01064-SLT Document 36 Filed 03/05/10 Page 9 of 48 PageID #: 147

Do you wish to give up your right to

Are you making this decision voluntarily

Have you been threatened or promised

Can you see this form from where you

Did you review this form in Spanish with

Did you understand it and did you sign it?

Case 1:04-cr-01064-SLT Document 36 Filed 03/05/10 Page 10 of 48 PageID #: 148

10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 questions. THE DEFENDANT: THE COURT: Yes, Your Honor.

Counsel, are you aware of any reason why

They are designed to make sure

Case 1:04-cr-01064-SLT Document 36 Filed 03/05/10 Page 11 of 48 PageID #: 149

Its very important that you tell me the

Yes, Your Honor.

THE DEFENDANT: THE COURT: MS. POKORNY: THE COURT:

THE DEFENDANT: THE COURT:

Are you having any difficulty

Are you now or have you recently been

seeing a doctor, psychiatrist or other health care

Case 1:04-cr-01064-SLT Document 36 Filed 03/05/10 Page 12 of 48 PageID #: 150

In the last 24 hours have you taken any

Have you ever received medical treatment

Is your mind clear today? Yes, sir.

Do you understand everything thats gone

forgive the repetition. MR. NALVEN: THE COURT:

Is he capable of understanding the

nature of this proceeding?

Case 1:04-cr-01064-SLT Document 36 Filed 03/05/10 Page 13 of 48 PageID #: 151

Are you satisfied to have the lawyers

If you could no longer afford their

Case 1:04-cr-01064-SLT Document 36 Filed 03/05/10 Page 14 of 48 PageID #: 152

Do you wish to proceed with your current

with two separate indictments:

Have they been explained to you carefully by

In the Washington D.C. indictment you

understand what you are accused of in the Washington, D.C.,

Case 1:04-cr-01064-SLT Document 36 Filed 03/05/10 Page 15 of 48 PageID #: 153

15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 indictment? THE DEFENDANT: THE COURT: Yes, sir.

In the Eastern District indictment you

You have a right to plead not guilty to