Abogado S Santo Yo

Case 1:12-cr-00217-JCC Document 33
Filed 12/07/12 Page 1 of 31 PageID# 132
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division UNITED STATES OF AMERICA, v. MAURICIO SANTOYO VELASCO, Defendant ) ) ) ) ) ) )
CRIMINAL NO. CR 1:12-CR-217
DEFENDANT MAURICIO SANTOYO VELASCOS MEMORANDUM IN AID OF SENTENCING
By: John Kenneth Zwerling, Esq. 114 N. Alfred Street Alexandria, VA 22314 jz@zwerling.com (703) 684-8000 Oscar S. Rodriquez, Esq. 4500 Le June Road Coral Gables, FL 33146 osrlaw@aol.com (305) 445-2000
Date: November 26, 2012
Mauricio Santoyo Valasco Sentencing Memorandum November 26, 2012 Page 2
I.
PROCEDURAL BACKGROUND In October 2010, Mauricio Santoyo Velasco (hereinafter: Mr. Santoyo), a retired General
with the National Police of Columbia, is informed by a relative of former Columbian President Alvaro Uribe Velez, that he, Mr. Santoyo, is under investigation by U.S. authorities for suspicion of narcotics trafficking. Mr. Santoyo, who served the country of Columbia in a law enforcement capacity for over 25 years, immediately made arrangements to meet with agents of the U.S. Drug Enforcement Agency and representatives of the Department of Justice. Four meetings (debriefings) were held in Aruba and in the United States. Mr. Santoyo retained attorneys in Columbia and Florida. He hoped his cooperation in the matter would result in a non-prosecution. Instead, on May 24, 2012, Mr. Santoyo was indicted by a federal grand jury in the EDVA for Conspiracy to Distribute Five Kilograms or More of Cocaine in violation of 21 USC 959(a), 960 and 96. Upon the unsealing of the indictment, Mr. Santoyo sought not to challenge his extradition to the United States (despite the fact that had he done so, he may have successfully prevailed for over a decade) and instead on July 2, 2012, Mr. Santoyo effectively waived extradition and self-surrendered to the DEA in Bogota, Colombia. He voluntarily agreed to accompany agents to the United States. He has been incarcerated at the Alexandria Detention Center Arraigned since arraignment on July 6, 2012. Both during the investigation into his wrongdoing and after his self-surrender, Mr. Santoyo cooperated extensively with the U.S. law enforcement and intelligence agents (at great risk to his and his familys personal safety). Plea negotiations quickly ensued and lead to an agreement. On August 20, 2012, Mr. Santoyo waived further indictment and entered a guilty plea pursuant to a Criminal Information, admitting that (from October 2001 through November 2008) he had Provided Material Support to a Designated Foreign Terrorist Organization (United Self-Defense Forces of Colombia, or AUC), in violation of 18 USC 2339B.1
Despite being designated as a foreign terrorist organization, the AUC was initially created as an umbrella organization of regional far-right paramilitary counter-insurgency groups in Colombia, each with a goal to protect different local economic, social and political interests by fighting left wing guerilla insurgents in their areas. Formed in April 1997, at the height of kidnappings for ransom and the assassinated of government officials, the AUC was supported by elements in the Colombian government and the Colombian Armed Forces. The group's sponsors 2
Pursuant to the Plea Agreement and FRCP Rule 11 (c) (1) (C), the defendant and the government agree that Mr. Santoyo shall be sentenced to no less than 10 years and not more than the statutory maximum of 15 years of imprisonment. The sentence to be imposed will cover all criminal conduct from October 2001 through November 2008. The conduct to be punished essentially involves the taking of monies from the AUC for information involving law enforcement investigations and planned arrests of members of said AUC. Mr. Santoyo is himself not charged with any personal actions of violence or drug trafficking. The terms of the plea agreement require that Mr. Santoyo continue to cooperate fully and truthfully with the United States, and provide all information known by him regarding all criminal activity during his 30-year tenure in law enforcement, although as stated in the PSR, there is no evidence of relevant conduct prior to October 2001. The government, at its sole discretion, reserves the right to seek a further reduction of sentence pursuant to FRCP Rule 35(b). Both parties are free to argue for a sentence within the agreed upon range of 10 to 15 years imprisonment. We note that the Plea Agreement, pursuant to Section E contemplates a three level reduction for Acceptance of Responsibility. As the defendant both initiated and continued to cooperate truthfully with law enforcement, self surrendered, waived extradition, agreed to detention and timely entered a plea of guilty, we respectfully request that Paragraph 38 of the PSR be amended to reflect such adjustment. Additionally, as a procedural matter and acknowledging that the 11 (c) (1) (C) plea requires a sentence below the applicable guideline range, for the record, the defendant nonetheless
included landowners, cattle ranchers, multi-national mining or petroleum companies, multi-national fruit companies, politicians, law enforcement, including judges, prosecutors, attorneys, the army and the police. This is discussed further in this memorandum. The history and politics of Colombia is discussed throughout this memorandum. It is set forth in greater detail in following books and periodicals, which were used by defense counsel for research purposes: Garcia Marquez, Gabriel, News of a Kidnapping, New York: Penguin, 1998. Kirk, Robin, More Terrible Than Death: Drugs, Violence, and Americas War in Colombia, New York: Public Affairs, 2003. Parenti, Christian, Colombias Deep Divide, The Nation: June 12, 2006. Wilkinson, Daniel Death and Drugs in Colombia, Bogota: Random House, 2011. 3
directs the Courts attention to both a 12-level enhancement as the offense involves crime of terrorism and an adjudication of a criminal history category of VI (PSR, Par. 35). Regarding the criminal history category, we note the Mr. Santoyo has never previously been arrested and does not qualify as a career offender (PSR, Par. 45). Nonetheless, the severity of the assigned criminal history category may impact on the severity of the correctional institution to which he is designated.2 It over states the seriousness of his criminal history. In imposing a sentence between the agreed upon range of 10 to 15 years, this Honorable Court is required to consider the factors as set forth in 18 U.S.C. 3553(a). Said factors include: (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need for the sentence imposed: (A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense; (B) to afford adequate deterrence to criminal conduct; (C) to protect the public from further crimes of the defendant; and (D) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner; (3) the kinds of sentences available; (4) the advisory guideline range; (5) any pertinent policy statements issued by the Sentencing Commission; (6) the need to avoid unwarranted sentence disparities; and (7) the need to provide restitution to any victims of the offense. Moreover, this Honorable Court is required to make an individualized assessment based on the facts presented, Gall v. United States, 128 S. Ct. 586, 597 (2007) and to impose a sentence sufficient, but not greater than necessary to accomplish the goals of sentencing. Kimbrough v. United States, 123 S. Ct. 558, 570 (2007) (emphasis added). Mr. Santoyo stands before this Honorable Court after having served his country over 25 years (from 1977 to 2001) without any hint of impropriety or criminality. He is a man who risked his life and that of his family every day that he put on the uniform of a policeman. He was assigned to the investigation of homicides, drug offenses, and other violent crimes. Moreover, he led hundreds of
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In fairness, we believe Mr. Santoyos Offense Level should be 39 (42 minus 3 levels for Acceptance of Responsibility and he should be viewed as a Criminal History Category I offender. His USSG range should more fairly be consider 262-327 months, not 360-Life per the PSR. 4
operations and investigations to rescue kidnap victims in Colombia. He himself was shot during one of the many successful rescues. He is deeply, deeply humbled and ashamed of his actions (none of which involve his direct participation of any crime of violence) and sought to escape the enormous pressures to provide information to criminal elements by retiring from the police force. When he learned of the underlying investigation, he voluntarily met with agents of several American law enforcement and intelligence agencies in locations outside of Colombia. Upon the unsealing of the indictment, he surrendered to agents of the Drug Enforcement Agency in Colombia; immediately accompanied them to the United States; waived extradition (had he not it is likely that he would still be in his home country); agreed to detention and continued to cooperate with authorities at grave risk to both himself and family members still residing in Colombia. He is deeply patriotic and deeply religious. For over 25 years he served law enforcement with distinction and bravery until he succumbed to a combination of a misguided belief that aid to right wing paramilitary factions was essential to the preservation, indeed survival, of his beloved Colombia and financial inducements (defense objects to specific amounts of bribery referenced in PSR).3 He is totally prepared to accept
responsibility for his actions. However, given the unique nature of the facts herein, the exemplary background of Mr. Santoyo, and his immediate surrender and cooperation even before indictment, and his belief that the AUC was necessary to combat left wing guerrilla insurgents destroying the country, we respectfully request that the Court impose a sentence of ten years of imprisonment. The following is an analysis of the factors of 3553(a)(2)(A)-(D). When reviewed together and recognizing that this Honorable Court is to arrive at an individualized assessment that imposes a
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In brief, counsel objects to 13-18 of the PSR. Mr. Santoyo did not receive bribes in amounts ranging from $50,000 to $100,000. The claim that he received $100,000 monthly is preposterous on its face (this man lived quite frugally and there is no evidence he was in possession of such wealth). He financed the construction of his sugar refinery via bank and a regrettable $25,000 loan (repaid) from a Pacho CiFuentes (a known trafficker but also the son of a Columbian kidnap victim aided by Mr. Santoyo), He was never paid 20 million pesos and 100 million pesos to transfer corrupt officers to sabotage investigations. His actions did not lead to perpetrators escaping arrest nor was he given a $200,000 prized stallion (it was a $3,000 brood mare). Most objectionable is the claim an official was paid $280,000 to promote Mr. Santoyo to the rank of Corporal. 5
sentence that is sufficient and not greater than required, we believe that the Court should impose the requested sentence. II. BACKROUND OF MAURICIO SANTOYO VELASCO A. Familial Background and Early Childhood
Mauricio Alfonso Santoyo Velasco was born in San Jose de Pare, Colombia on November 25, 1958. He is 53 years old. San Jose de Pare is an agricultural municipality of approximately 5,000 people where growing sugar cane and the production of artisanal brown sugar called Panela is ubiquitous. Mr. Santoyos family was no exception. Yes, he enjoyed a middle class upbringing where his family was involved in the production of the Panela and maintained a farm where they engaged in agriculture and the raising of pigs and cattle. However, his childhood was characterized by hard work: early mornings tending to chores before school, helping his father on the ranch after school, looking after his younger sisters in the evenings. His family was close-knit, loving, deeply religious and proud. His father, a prominent local citizen, instilled in young Mauricio and his brothers a strong sense of duty and honor toward God, family and country. Mr. Santoyos father, Luis Alfonso Santoyo, was rancher, farmer, town constable and the commandant (mayor) of their town, responsible for village administration. His mother, Hilda Maria Velasco, was a homemaker dedicated to raising her and Luis three sons and four daughters. Mr. Santoyos father died in 1999 of prostate cancer at the age of 69. His mother still maintains a residence in San Jose de Pare at the home where she raised her family. Mr. Santoyo attended elementary school in the city of Bucaramanga, completed his middle school studies at San Jose Institute of La Salle, and graduated high school from the National Institute for Middle Education. He was an above average student. Julio Cesar Santoyo Velasco, states in his letter to the Court on behalf of his older brother, all of the children were raised in a home where the principle of serving others ruled our lives,
principles that our parents taught us by example4 The careers to which Mr. Santoyo and his siblings have dedicated themselves illustrate that they took their upbringing and family values to heart. After completing high school, all seven of the children went on to pursue advanced degrees, studies, and professional careers in and outside of Colombia. The common theme of all of their pursuits is that they embarked upon careers paths that exemplify the strong values, morals, and national pride instilled in them from very young age. His oldest sibling, Hilda Consuelo Santoyo Velasco, 58 years old, is licensed in Social Work and a professor at the school of Integrated Pedro Santos in Santander, Colombia. The oldest brother is Luis Salomon Santoyo. He was a former police officer who died at the age of 57 of diabetes and renal failure. Clema Azucena Santoyo Velasco, 56 years old, has a degree in Psychology. She is a coordinator for the Ministry of Education at the Escuela Normal Superior, in Charala, Santeder, Colombia and a child psychologist. Younger brother Julio is 51 years old and recently retired as an officer with the National Police. Maria Amanda Santoyo Velasco, 49 years old, is a social worker and has worked at the National Prison Institute of Colombia, in Bucaramanga, Colombia for the past 17 years. Mr. Santoyos youngest sister, Linda Aura Santoyo Velasco Smith, 48 years old, is a registered nurse and has a masters degree in health administration. She lives in Denver, Colorado. She works as a program manager for health education at the Tepeyac Clinic in Denver. Most if not all the families in the small town of San Jose de Pare have lived there for generations. Friendships began at a young age and many people in the town married people whose families have known each other for decades. Mr. Santoyo and his wife were no different. Mauricio met his wife, Elizabeth Olarte Villamil, when he was 17 and she was 14 years old. The two families were close, of like means, and shared the same values and backgrounds. In
hindsight, Mr. Santoyo believes that it was only natural that they would eventually marry. She is the only woman that he has ever loved. They carried on their courtship for eight years until their marriage on April 27, 1985, in San Jose de Pare. The have been married for 28 years and have three
4
See Exhibit 1, which contains all character letters submitted to the Court in anticipation of Mr. Santoyos sentencing. 7
children. Son, Juan Felipe Mauricio Santoyo Olarte, 26 years of age, recently graduated college with a bachelors degree in Business Administration. Until his fathers self surrender in the instant case, he was managing the family business that manufactured and sold panela. He is single and lives with the family. Middle child, Sebastian Mauricio Santoyo Olarte is 21 years old. He is in college studying business administration. Because of his fathers arrest and the accompanying struggles confronting their family, Sebastian has suspended his studies to help support the family. He is also single and lives with the family. The familys youngest child is Mauricio Alfonso Santoyo Olarte. He is 12 years old and a sixth grader in middle school. He has been diagnosed with Epilepsy, the medical condition that produces seizures affecting a variety of mental and physical functions. While medication and other treatments have helped Mauricio live and control his Epilepsy, stress has exacerbated his condition. Currently living in the United States, away from his doctors, friends and extended community support, he continues to have seizures that, at times, severely limit his development and progress in school. He requires constant supervision as the seizures can come at any time. Mr. Santoyos wife, Elizabeth, is an attorney. She was practicing domestic civil law in Bogota, Colombia until Mr. Santoyo surrendered. She is currently in this country as per a tourist visa that will expire early next year. It is likely that she and the children will be separated from Mr. Santoyo for many years. The issue of their ability to return to the U.S. for prison visits is under negotiation but logistics, security and customs and immigration law may preclude the family from visiting (at least regular visits appear to be out of the question). B. Career in Law Enforcement
In January 1977, at 18 years old, Mauricio Santoyo Velasco, following in the footsteps of his father and older brother, began his career in law enforcement when he entered the General Santander Police Academy in Bogota, Colombia. This is the national institute in Colombia that
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trains officers to serve in the National Police. The National Police in Colombia (CNP) as in many other Latin American countries is an armed civilian federal police force, not unlike the Federal Bureau of Investigation or the Drug Enforcement Administration, but with a hierarchical structure similar to that of the armed forces. The CNP is the largest police force in Colombia. Although the CNP is not part of the military, it is technically controlled by the Ministry of Defense. Mr. Santoyo always knew that he wanted to work in law enforcement and to serve his country. He worked very hard to get an opportunity to pursue the rigors and academics of an officers training program and was accepted at the Academy. His training went very well. He was one of the top students in his class. He graduated from the Academy in November of 1978 as a Second Lieutenant and was immediately assigned to the 4th District in the Las Cruzas neighborhood in Bogota. This was, and is, a dangerous area with high rates of criminal activity ranging from murder to petty crimes. Mr. Santoyo worked as a shift commander, with a force of 80 policemen under his command. He oversaw street patrols and ran local investigations of robberies, drug dealing and murders at risk to himself and his brother officers. Although this was huge responsibility for a 20-year-old, his leadership skills during officer candidacy training had been observed and respected by his superiors. A year later he was assigned to work as an instructor for the police academy in the city of Villavicencio where he trained rank and file policemen. In 1980, he was promoted to the rank of Lieutenant, and subsequently assigned to work at the Directorate of Judicial Police and Investigation in Bogota. This office in Colombia is similar to the Federal Bureau of Investigation in the U.S. and serves as the primary investigation component of the government. Mr. Santoyo was initially assigned to the investigation of homicides. His superiors recognized his skills and success and he was eventually granted jurisdiction to investigate narcotics, organized crime, and kidnapping cases on a nationwide (federal) basis.
In 1982, Mr. Santoyo was assigned to work as an officer of the Anti-Extortion and AntiKidnapping Operations Group (GOES) in Bogota. Part of the departments mission was the investigation of kidnapping and extortion crimes. The agency led armed confrontations against the criminals who orchestrated these crimes. These operations led to the rescue of many of the kidnap victims and the arrest of the perpetrators. Mr. Santoyo excelled in this position and felt great satisfaction thwarting acts of extortion and kidnapping at the time when this criminal activity was omnipresent in Colombia. He felt as if he had found his calling within the police force and his superiors agreed. As a result of his extraordinary efforts and professionalism, he was appointed in 1987 to be chief of the GOES unit and promoted to the rank of captain. During this time, Mr. Santoyo helped lead many rescues in different regions of Colombia and also was involved in special anti-drug operations. The danger to both Mr. Santoyo, and potentially to his family, can in no way be overstated. In a letter written by his wife, Elizabeth, she relates: In general, the life of my children along with mine has been marked by many fears and uncertainties. I can remember precisely, as if it were today, the countless times my husband had to leave the house in the middle of the night in response to myriads of operations. I remember him leaving in an impeccable uniform, which I was always proud of, but also with a gun attached to his leg, with another one attached to his waist, and with a series of protective gear, unfamiliar to the general public. For obvious reasons, we could not ask any details of the missions he was undertaking or the length of time or expected risks factors. From the minute he left our home, until we heard from him again, our four lives were enveloped in an indescribable anguish and fear. To illustrate the work of, and the risk to, the defendant, we relate the case of Mr. Arturo Diaz Silva, an 80-year-old farmer and rancher who was kidnapped in February 1985 by left-wing guerilla insurgents calling their group the Revolutionary Armed Forces of Colombia (FARC). FARC demanded millions as ransom for Mr. Silvas safe release and return to his family. Mr. Santoyo was assigned to work the investigation.
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After an extensive investigation, Mr. Santoyo and the GOES group he commanded learned of Mr. Diaz Silvas location in a mountainous region in the western region of Colombia. In order to secure his release, Mr. Santoyo understood that an armed confrontation with the kidnappers was highly probable. On March 28, 1985, they embarked on the rescue mission. The kidnappers used long and short-range
weaponry to repel Mr. Santoyo and his special operations team. An armed battle with the FARC guerillas ensued. Led by Mr. Santoyo, the operations team successfully rescued Mr. Diaz Silva. He escaped unharmed after an arduous and harrowing captivity. However, during the rescue, the
kidnappers, four of whom were killed during the operation, shot Mauricio and several members of his team. A bullet entered Mr. Santoyos left hip and eventually settled in the right side of his abdomen. The wedding to his wife was scheduled two days after the rescue mission. Instead
Mauricio spent eight months recovering from his wounds and undergoing physical therapy.
Wounded Mauricio Santoyo Being Carried by His Officers
Married in 1985, Elizabeth always knew of the risks to her husband, but she has steadfastly supported him and his career. There were many times that they were separated for long periods and there were days, weeks and even months when she feared for his very life. However, her pride of her husbands service to their country has sustained her even now. Continuing in her letter, she relates: Generally, we would be informed by the radio or via television of the specifics of the mission he had accomplished. It was at that instant we were grateful to God. We counted our blessings for his well-being, and simultaneously for granting my husband an opportunity to restore another familys joy, as their beloved family member returned safely to freedom. It was in that instant than our fears disappeared, and we
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were transformed into a profound feeling of pride, which filled our heart with courage and strength, preparing us for the next time, during the middle of the night, when we would see him leave our home to fulfill his duty. During this period that extends for decades prior to any allegation of criminality, Mr. Santoyo also participated in an ongoing effort on the part of the Colombian government to investigate, locate and destroy cocaine laboratories. For example, in 1984, he participated in the investigation and destruction of a large complex of cocaine laboratories owned and controlled by the drug lord Pablo Escobar. Several cocaine laboratories were destroyed and over 1,000 kilograms of cocaine was seized. Mr. Santoyo was also part of the search team formed to capture Pablo Escobar in 1989. All of these actions were undertaken at serious physical risk to himself.
Officer Santoyo on Patrol with Fellow Officer in Jungle in Pursuit of Drug Lord Escobar
In 1990, Mr. Santoyo was promoted to the rank of major and was assigned as Deputy Director of the Police Academy in the state of Boyaca, where he was in charge of training approximately 1,000 police recruits.
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In January 1993, he was appointed to act as commander of an anti-Kidnapping and antiExtortion unit in the City of Bucaramanga, resuming his earlier work focusing on the prevention and investigation of kidnapping and extortion crimes. He commanded this unit for a year and was very successful rescuing numerous hostages and conducting operations against guerilla factions in the region. In 1995, Mr. Santoyo left the above position and returned to Bogota where he completed the CNP course work to obtain his promotion to Lieutenant Colonel. During this time he also graduated with a Bachelors Degree in Business Administration from the Universidad Cooperativa de Colombia. (Note: the defense denies the allegation that Mr. Santoyos promotion to colonel was as a result of a bribe, See PSR, Par. 16). Thereafter, from December 1995 through July 1996, he served as the commander of a police precinct in Bogota, Colombia where he was in charge of over 800 officers. By the spring and summer of 1996, even by the standards of Colombia, there was an increase in kidnapping and extortions, especially in the city of Medellin. It was also during this time that ACU, an umbrella organization of regional far-right paramilitary counter-insurgency groups in Columbia, was to protect different local economic, social and political interests by fighting left wing guerilla insurgents including the FARC in their areas. Formed in April 1997, AUC was supported by elements in the Colombian government and the Colombian Armed Forces. The group's sponsors included landowners; cattle ranchers; multi-national mining, petroleum, and fruit companies; politicians; law enforcement, including judges, prosecutors, attorneys, the army and the police. By this time, Mr. Santoyo had accumulated vast experience in the investigation of violent crimes, including kidnappings and assassinations. He was appointed as the head of the Unified Action for Personal Liberty Group (GAULA). This group was responsible for fighting both the guerillas and the large-scale narcotics cartels that perpetrated these crimes. GAULA was specifically designed to stamp out the alarming amount of kidnapping and to perform counter narcotic operations
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in Medellin. Mr. Santoyo remained with GAULA until December 1999. During his time as commander, the group rescued 96 kidnapped victims held for ransom by numerous guerilla factions, drug trafficking operations, and other criminal organizations operating in and around Medellin. His work in law enforcement was extremely dangerous but he continued despite the great personal risk to himself, and arguably to his family. During these operations, six police officers under Mr. Santoyos command lost their lives. One of his men, a 22-year-old Second Lieutenant and father of a young boy, died when he sought to shield Mr. Santoyo and was instead shot in the neck and the carotid artery. He bled to death almost immediately. Mr. Santoyo will never forget his sacrifice. He was close to all of his men. They were like his brothers.
Santoyo with his Anti-kidnapping Unit after a Successful Mission to Free the Kidnapped Child of a U.S. Citizen
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The citizens of Colombia greatly respected and admired Mr. Santoyo for his work in GAULA. As his friend and former neighbor, Guilleermo Rebles, describes in his letter to the Court: I found out through the press of his courageous fight against organized crime, especially in Medellin, when he was commander of the Gaula. I respect and admire the work that he made during those years, leading members of the security forces of Colombia to face up (to) powerful criminals that threatened their lives with horrific and tortuous messages against their families to cease the actions against crime.
Promotion Ceremony with Governor
In December 1999, Mr. Santoyo was transferred back to Bogota and was appointed Director
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of the Anti-Kidnapping Unit of the CNP. This was the CNPs national office that supported groups like GAULA and other CNP units operating in Colombia to combat kidnapping and extortion. While in this position, much of his work was dedicated to devising strategies to battle the increase of foreigners who were kidnapped and held for ransom. He designed a work plan that provided strategies and guidance on how to rescue the victims and arrest the criminals responsible for their abduction. These strategies were instrumental in the rescue of a number of foreigners abducted in October 2000. They were foreign oil workers, including five Americans, who were kidnapped by guerillas, believed to be a FARC unit, operating along the border with Ecuador. Through Mr. Santoyos leadership, the safe rescue of some of those abducted, including one of the Americans, was secured. It is of great significance that the actions and career of Mr. Santoyo, spanning 25 years and detailed above, all occurred before there is any indication of improprieties (specifically receipt of bribes) by the defendant. Indeed, the governments Statement of Facts and the PSR reference no relevant conduct until October, 2001. After decades of service at enormous risk to himself, the defendant was earning approximately $4,000 a month. In May of 2001, terrorism increased in the city of Medellin. Two car bombs exploded, one in the parking lot of a shopping center, the other next to a park. As result of the bombings, 15 people died and 90 people were wounded. Kidnapping of judges, lawyers, prosecutors and high-ranking government officials dramatically escalated. In response, then President Pastrana ordered Mr. Santoyo to create an elite anti-terrorist group in Medellin. He remained in this position, an obvious target for assassination or abduction, until January 2002. During his tenure leading this unit, they had successful results. They arrested and brought to justice the terrorists responsible for the two car bombs placed in the shopping center and park. Their operation prevented other attacks. The amount of terrorist attacks in the region dropped dramatically. In January of 2002, the very life of presidential candidate Alvaro Uribe Velez and his family
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was at risk due to his stated platform to eradicate rebel groups wreaking havoc on the country. The police directorate transferred Mr. Santoyo to Bogota to be head of security for the candidate. Candidate Uribe started his political career in his home state of Antioquia. He was the mayor of Medellin, Antioquia in 1982. Thereafter, he was Colombian Senator between 1986 and 1994, and Governor of Antioquia between 1995 and 1997. He was intimately familiar with the security environment in Medellin and the good work Mr. Santoyo was doing there combating terrorism. Candidate Uribe hand-picked Mr. Santoyo to head his security squad. On April 14, 2002, in the city of Barranquilla, the candidate was a victim of a terrorist attack when a bomb exploded as his motorcade crossed over a bridge in the city, killing seven people and wounding more than 20. The attack caused serious hearing damage to Mauricio, who still hears constant noise in both ears. This is a constant reminder of the danger Mr. Santoyo faced during his career with the CNP. Mr. Santoyos uncle, James Velsco, recalls his nephews heroics that day in his letter to the Court wherein he writes: For example, his spirit of service to others has no limits: sufficient to observe, and this impacted my soul, how in the attack that the FARC guerillas, communist terrorist group, made the then candidate Alvaro Uribe in Barranquilla, Colombia in 2002, Mauricio down the car and hurried to protect the candidate putting his life in danger because of these terrorists usually finish off their victims after the attacks. In August 7, 2002, Alvaro Uribe Velez was elected president of Colombia. Mr. Santoyo stayed on as Head of Security. Next to the president of the United States, President Uribe would become the subject of more death threats than any other leader in the world. It was Mr. Santoyos job to keep the president and his family safe. The task was far from easy. Indeed, on the day of the presidents inauguration, there was a terrorist attack against Uribes residence (Casa Nario). Twenty mortars were launched from the top of a building in a neighborhood in downtown Bogota. President Uribe was rushed to the nearby capital building. Several people were killed and others were wounded during the attack. Mr. Santoyo was provided with intelligence prior to the attack (he received a warning from US agents as well as his own informants) and deftly had moved the
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President to a safe location prior to the attack. Mr. Santoyo continued to serve as Head of Security at the service of President Uribe until May 2005 when he was administratively suspended due to an investigation into illegal wiretapping. Although initially demoted, Mr. Santoyo appealed the matter and was ordered reinstated into the CNP. It should be noted that the support that Mr. Santoyo gave to the AUC, as set forth in the governments Statement of Facts, involved providing information secured through wiretaps and actually gathering information through illegal wiretaps. However, it cannot be overstated that by this time that the AUC had come to be viewed as ally in the war against left wing narco-terrorists and maintained the unspoken support of the government, the judiciary, law enforcement, the military, landowners, and businessmen. Returning to the force, Mr. Santoyo was assigned to work as Undersecretary of Police by the Ministry of Defense. In January 2007, he began the necessary training and coursework required to become a general, and was promoted to the rank of Brigadier General in December 2007. Again it should be noted that while law enforcement is under the control of the Ministry of Defense, it is a civilian police force and the National Police in Colombia (CNP) is not unlike the several federal law enforcement agencies of the United States. In April 2008, he was appointed by President Uribe to be the Police Attach to the diplomatic mission in Rome, Italy. Upon his return from Italy in May of 2009, and following a long and distinguished career, undertaken at enormous personal risk and sacrifice, Mr. Santoyo retired. In 2010, an economic development group Chihuahua State Economic Development, formed by entrepreneurs in Mexico, hired Mr. Santoyo to address deteriorating security that impacted negatively on business. Mauricio developed and presented a strategy and plan to address the chaotic security situation. As a member of the development group, businessman Jose A. Enriquez explains in his letter to the Court: During 2010 he [Mr. Santoyo Santoyo] assisted us to develop proposals for the new State Governor of Chihuahua in the fields of kidnapping, extortion and auto theft. His philosophy and clear understanding of the problems was always
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delivered with a human perspective from somebody who wants (the) best for mankind. During Mr. Santoyos 30-year career with the CNP, he received 19 commendations for distinguished service. In addition, he received numerous commendations from state and local governments for his leadership skills and success at battling kidnapping and extortion during his tenure. From 1999 through 2001 alone, the CNP credits him with 297 successful hostage rescues involving over millions in ransom requests. Forty-two of those rescues necessitated an armed confrontation with the kidnappers. In a letter written to Your Honor by Carlos Francisco Arroyave, a farmer, relates how in 2000 he was abducted and held for ransom. In his letter, he writes: The General Santoyo for me and my family has been the person that I have an infinite gratitude for giving a complete turnaround in my life, in the most difficult times in this country, where the victim was most horrible scourge that can suffer any human being on earth.. I was kidnapped on February 11, 2000 by the narcoterrorist organization ELN (National Liberation Army). The General Santoyo supported and advised my wife Maria Helena and to calm my children because these criminals threatened to kill me if I did not agree with the intentions of the guerrilla front, thanks to all his help and the work was provided by staff I still believe in his honesty and my respect to him is the same as is always been, because I remember.who helped my family so we could be together and happy again. many cases like mine and his great GAULA work as commander allowed us to unite again Colombian families (and) today enjoy the freedom..
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Santoyo Toasted by Rescued Farc Kidnap Victim the Former Governor of Antioquia
Mr. Santoyo was instrumental in preventing any kidnappings from even occurring. In her letter to the Court, Luz Mary Ariza de Hoyos, Mr. Santoyos friend and neighbor relates how he protected she and her children when she writes: As a result of the success of his business, my son, myself, and my other two children became kidnapping targets for the Colombian guerrillas. They began to extort money from my son. In desperation I contacted Coronel (now general) Julio Santoyo; he immediately referred me to his brother, General Mauricio Santoyo-Velasco, Chief of Security for former President Uribe of Colombia. Also without knowing me, General Mauricio Santoyo-Velscao, immediately arranged for the protection of me and my family. Under his watch, Mr. Santoyo is also credited for resolving over one thousand incidences of extortion, resulting in more than 1,500 arrests. He had a distinguished career as an entry-level officer investigating robberies, murders and other violent crimes and went on to be a respected trainer of new cadets. Likewise, he is credited with helping track down some of Colombias most wanted criminals
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such as Pablo Escobar and FARC leader Martin Sombra. In November 30, 2007, an informant gave Mr. Santoyo important information regarding his whereabouts. Also known as Martin the Shadow, he was responsible for managing all of the hostages being held by the FARC. He was their jailer. In fact, he was intimately involved in the investigation of the kidnapping three American security contractors kidnapped by the FARC on February 13, 2003, when their plane crashed while flying over the Colombian jungle on an anti-narcotics mission. Immediately after their crash landing, pilot American Tommy Janis, and army sergeant Luis Alcides Cruz were murdered. The three surviving Americans spent over five years in FARC captivity under the direction of Martin Sombra. They were famously liberated by the Colombian military on July 2, 2008, along with thenpresidential candidate Ingrid Betancourt. Moreover, Mr. Santoyo is credited with rescuing a 9 year old boy, Dagoberto Ospina, who was then the leader of a group of children peacemakers in Colombia. He was kidnapped by the guerillas. Mr. Santoyos, cousin, Jaime Quiroga, shares his thoughts regarding the young boys rescue and other good work he did combatting kidnapping ELN and the FARC in his letter to the Court when he recalls: I remember 16 [years]ago when an international band acting in complicity with the ELN guerilla group kidnapped for trafficking of foreigners who came to our country to work in multinational companies, was dismantled. Situation giving rise to the writing of a book called The Last Mission Werner Mauss which recounted the heroic deed in which the General Santoyo unravel and disintegrated achieving the operation of these criminal network, and also remember 13 years ago as participated in the liberation and rescue of the little boy 9 years, Dagoberto Ospina, leader of a group of children peacemakers, also kidnapped by the guerillas and the facts recounted here are hundreds of stories had a happy ending when retrieving members various domestic and foreign households were kidnapped and later rescued by him. C. Present Status of Wife and Family in the United States
During Mr. Santoyos law enforcement career, his family lived in Bogota. He was often gone for long periods of time on missions and, of course, missed many family events and the daily joys of his three sons growing up. As his son Sebastian writes in his letter to the Court: During my childhood, there very few times that I could spend time with my father,
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because the places where he was working were dangerous and unsafe for me and my family. He always preferred for us to be in a safe place. The times we did spend together, I remember with great intensity. He taught me to be a good student and soccer player, but more importantly, as a child, he and my mother taught me a lot of love to help others, to give a hand to those most in need, to be a good man, useful to society, to be honest and generous, because our actions are watched by God at all times. Although his absences were hard on the family, they understood the importance of his work. When he finally retired, Mr. Santoyo rejoiced in being reunited with his extended family and looked forward to watching his younger son, Mauricio, who suffers with epilepsy grow and develop. Unfortunately, Mr. Santoyos legal troubles made this a short-lived dream and he painfully knows that he only has himself to blame. Mr. Santoyos wife, mother, and three children are presently in Bethesda, Maryland, where they can be as close to him as possible. Except for the youngest boy, Mauricio, who is enrolled in middle school, everyone is in limbo waiting for the next time they are able to visit their father, husband, and son, respectively. They know that soon Mr. Santoyo will be transferred to a different facility and they fear being separated from him for years to come. Moreover, this has been a radical change for the family. Given Mr. Santoyos selfsurrender, and waiver of extradition, which signaled his intention to cooperate with American authorities, the family now fears for its safety when they return to Colombia. They cannot help but be anxious as to risk of reprisals upon returning to their country. As his son Sebastian states in his letter to the Court: Before, we lived a normal life without opulence and luxury, but quiet. Now we fear for our safety and that of our father. My house is now a place where seeing tears are normal, where every day we feel sadness and despair. His son Juan Felipe had plans to marry which were indefinitely postponed when he accompanied his father to the United States. Similarly, his brother, Sebastian, has abandoned his undergraduate studies in Law and left his longtime girlfriend behind.
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Although the youngest son, Mauricio, is in school, his fathers absence has saddened him deeply. He struggles to understand why they are in this new world and cannot fully comprehend the trouble confronting his father. Due to stress, he is experiencing an increase in epileptic seizures. He needs to be watched at all times. Lacking health insurance in the United States, the family is concerned that he is being deprived of medical care. His mother Elizabeth describes his seizures in her letter to the court when she states: For safety reasons, we have had to leave Colombia. As a result, during the past couple of months the epileptic episodes have increased. I find myself alone in this foreign country, accompanied by my 80 yr. old mother in-law- and three children. Each time an epileptic fit befalls my son, our world collapses even more, and we feel more alone in this generous country which has been kind to offer us shelter and safety, but where we are not even able to access medical insurance for his treatment. Our fears increase and overflow, and our only refuge are our prayers to God. Mr. Santoyos mother, Hilda, left behind not only her simple and calm life but much of her extended family. She is deeply saddened by her sons conduct and its effect on his wife and children. She prays every day that the Court has mercy on her husband so that, given his familial circumstances, her son can one day return home to be with his family. She looks back on her sons lives and the sacrifices they made dedicating their lives, often at the expense of their families, for the CNP and Colombia when she relates in her letter to the Court: Your Honor, I delivered three sons to serve our country, I remember when I took my son Mauricio to the General Santander School, was a boy of seventeen years who went to the police with joy to serve his country. Years passed and always distinguished for his good work for his dedication to serving the community, and he is a good son, brother, husband, friend, and father. For that I ask your mercy for him. The family in Colombia misses them dearly and fears for the familys safety. In her letter to the Court, Elizabeths niece, Maria Teresa Parra Olarte explains that others have concluded that Mr. Santoyos self-surrender to the United States must be related to his cooperation. She relates that since the charges against Mauricio were made public, she and other family members are aware that many of their friends and peers have turned their back on them, undoubtedly fearing reprisals
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themselves. As made clear in the letter of Mr. Santoyos sister in law, Rosalbina Benito Diaz, writes that (most of) his friends have abandoned him. Only a few friends have supported him and are with him in this bad time. Now people, who honored him, admired and wanted to be friends dont know him. III. OFFENSE CONDUCT Since the 1940s, the government of Colombia has been engaged in a longstanding civil conflict with left wing guerilla insurgents, such as the FARC and the ELN. In the early 1980s, drug barons, large land owners, industrialists, and bankers, with the cooperation of the government began to create private military units to combat these left-wing guerilla forces. By the mid-1990s, the largest and most well organized paramilitary group in Colombia was the Rural Self-Defense Group of Cordoba and Uraba (ACCU). The escalation of violence between the paramilitaries and the guerillas caused the president to issue decrees, adopted as permanent legislation in 1991, that criminalized membership in, or support to, any paramilitary group. By 1994, however, the government modified the law and adopted a new legal mechanism for funding and supporting paramilitaries, known as Chapter 5 of Decree 356. Paramilitaries could reorganize and continue operating under Chapter 5, which allowed private groups to provide for Special Vigilance and Private Security Services. These private security groups, known commonly by their Spanish-language acronym convivir, were comprised of civilians who received permission from the government for a license to provide for their own security in high-risk areas. Convivirs were permitted to use arms that were otherwise restricted for military use. In reality, Convivir units were fronts for the paramilitaries, such as the AUC, from their inception. These Convivir units worked closely with the military and CNP in an effort to defeat the left-wing guerilla insurgency. They shared a common goal. By late 1990s, AUC had the support, albeit unspoken, of the civilian government, businesses, law owners, the judiciary, multi-national corporations, and other professionals.
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Throughout his tenure with the CNP, Mr. Santoyo was living in a world where he was investigating crimes perpetrated by every facet of the criminal element. At the direction of his superiors, he was in constant contact with informants who were a part of, or who had direct links to, the paramilitaries operating throughout the country. These informants were themselves dangerous characters who could not always be trusted. Nevertheless, contact with these informants was one of the primary ways to investigate kidnapping and extortion cases. Mr. Santoyo began his career fully intending to protect and serve his country and its people. Up and until his criminal behavior beginning in November 2001, he was a highly respected officer admired for his success in battling kidnappers, extortion, and other serious crimes. He was a police officer who retained his personal and moral integrity. One can only speculate as to his motivation for accepting bribes from members of the AUC. His was an incredibly complex situation. Of course, counsel does not deny the financial rewards of providing information to the AUC. However, by 2001, at the time of the beginnings of his criminality, there is little doubt that he had come to believe that the left wing insurgents were destroying his country and that their violence was escalating daily. Indeed by May of 2001, when Mr. Santoyo was ordered by Colombias president to create an elite anti-terrorist group, terrorism in Medellin had reached an unprecedented level. In the spring of that year, two car bombs exploded leaving 15 people dead and another 90 persons wounded. Kidnapping of judges, lawyers, prosecutors, and even high-ranking government officials dramatically escalated. Shortly thereafter, Alvaro Uribe Velez was elected president on a platform to eradicate leftist rebel groups such as the FARC and ELN. Long before his election, the FARC killed President Uribes father in a failed kidnapping attempt. Both President Uribe and Mr. Santoyo believed that forces aligned with FARC had to be eradicated. The President and his family were the targets of numerous terrorist attacks and it was the job of Mr. Santoyo to provide presidential security. Thus, while the accepting of bribes cannot be condoned, we must recognize the incredibly
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complex political and para-political backdrop against which Mr. Santoyos crimes were committed. While he undoubtedly profited financially, although not to a fraction asserted by cooperators as reflected in the PSR, a greater part of his motivation was grounded in a belief that his country was being destroyed by leftist terrorist guerillas and that paramilitary organizations such as the AUC were essential in combating a common enemy. As the saying goes sometimes the enemy of my enemy is my friend. In the mind of Mr. Santoyo, who had dedicated his career to fighting crime, he came to believe that there was no option but to aid the AUC, whom he saw as necessary in saving the very fabric of the country he had sworn to protect. Mr. Santoyo has had difficulty articulating to counsel precisely when and why he crossed the line into criminality. From what he has said however, it appears that it happened incrementally over an extended period. He was worn down it seems. By being threatened with death daily, by being surrounded by abject corruption everywhere he turned particularly on the government he was protecting, by working in a system that constantly disappointed him. Instead of being lauded for his work, he was investigated for catching dangerous revolutionaries with illegal wire taps. He was shot and still bears the scar, nearly lost his hearing in bridge bombing/death attempt on candidate Uribe (to this day he has partial hearing in both ears and has a constant ringing), spent weeks and months away from home missing important milestones in the lives of his children. And, he lived in fear constantly being paid a meager salary while everyone around him got rich. He gave in to financial inducements - no doubt. But his crossing the line was in many respects the result of environment, weariness and exposure to decades of trauma. He was honorable, good man. They system finally corrupted him. Upon reflection, there is no doubt that accepting bribes and trading law enforcement information (gathered from wiretaps) for money can never be right. As such, Mr. Santoyo has demonstrated exceptional acceptance of responsibility for his criminal conduct. When American law enforcement began its investigation, Mr. Santoyo left the legal protections of his country and met with agent officially on four occasions, in Aruba and in the United States. Thereafter, when he learned of the indictment, he self surrendered to agents of the Drug Enforcement Administration and
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voluntarily accompanied them to the United States. He did not contest extradition, which may well have saved him from any criminal prosecution and certainly would have delayed same for years, if not decades. Instead, Mr. Santoyo admitted his criminality; co-operated fully and truthfully with law enforcement both before and after criminal charges were lodged; and stands willing to accept his punishment. Through his actions, he has demonstrated extraordinary acceptance of responsibility.
IV.
APPLICATION OF STATUTORY SETENCING FACTORS A. Nature and Circumstances of the offense and history and characteristics of the offender.
As stated above, Mauricio Santoyo stands before this Honorable Court after having served his country over 25 years without the hint of impropriety or criminality. He is a man who risked his life and that of his family every day that he put on the uniform of a police officer. He is responsible for the safe return of hundreds kidnap victims in Colombia. He himself was shot during one of the many successful rescues and suffered serious hearing damage as a result of an assassination attempt on then President Uribe. He is deeply humbled and ashamed of his actions (which can be summarized as receiving money to provide information about, and from, wiretaps to the AUC) and sought to escape the enormous pressures to provide information to criminal elements by retiring from the police force. He co-operated with authorities even during the investigation phase. Thereafter, he voluntarily surrendered to agents of the Drug Enforcement Agency in Colombia, waived extradition, agreed to detention and continued to cooperate with authorities at grave risk to both him and family members still residing in Colombia. He is deeply patriotic and deeply religious. For over 25 years he served law enforcement with distinction and bravery until he succumbed to a combination of financial inducements and a misguided belief that a criminal organization such as the AUC was necessary to stabilize and protect his county. He is totally prepared to accept responsibility for his actions. However, given the unique nature of the facts herein, the exemplary background of Mr. Santoyo, and his immediate surrender and cooperation, we respectfully request that the Court impose a sentence of ten years of imprisonment. We note that even with such a sentence, Mr. Santoyo will
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be in his mid-sixties by the time of his release and the years of imprisonment will be filled with loneliness, separation from his family, and possible physical risk to himself. B. Affording adequate deterrence to criminal conduct.
For the reasons discussed in this pre-sentence memorandum, a sentence of ten years is more than adequate to deter similar criminal conduct. We note that many of Mr. Santoyos bad acts were grounded in large part in good, but misguided, intentions. His cooperation with American authorities even before his investigation was complete and his voluntary submission to prosecution, when he could have sought to legally contest extradition for years, sends a strong message as to the punishment this country will impose upon even the most contrite and co-operative defendant. C. Protecting the public from further crimes of the defendant
Even before the investigation and indictment leading to his arrest, Mr. Santoyo had retired from the police force. Upon learning of the indictment, Mr. Santoyo surrendered to agents of the Drug Enforcement Administration in Colombia and immediately waived extradition. From the time of his surrender, he has provided complete and truthful information regarding all criminal conduct known to him. Clearly, the retirement, surrender and cooperation, both before and after indictment, coupled with an unblemished record of 25 years in law enforcement fully demonstrate that Mr. Santoyo Velasco poses no threat of any future crimes. It is also doubtful that he will ever be able to safely return to Columbia. D. Providing the defendant with needed educational or vocational training, medical care, or other correctional treatment
Mr. Santoyo is an educated man with significant experience in law enforcement and holds a college degree in business administration. Thus, this factor is inapplicable. However, importantly, we note, given his career in law enforcement and his cooperation in this matter, he may be at grave risk in our federal prison system. Indeed, significantly, as Your Honor is well aware, the U.S. Bureau of Prisons is full of Columbian smugglers, kidnappers, revolutionaries, and drug lords. Some of these criminals still maintain lethal networks of cohorts who if given the opportunity would surly exact revenge on a law enforcement professional of Mr. Santoyos caliber and reputation. Many
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Columbian of these prisoners some very violent ones are incarcerated in the U.S. as a result of his efforts. E. The kinds of sentences available.
The government and Mr. Santoyo have entered into a plea agreement governed by Rule 11 (c)(1)(C). As such, the only sentence available is a sentence within the range of ten to fifteen years. As indicated herein, given in part due to Mr. Santoyos extraordinary acceptance of responsibility, including self-surrender, waiver of extradition, and full cooperation with the government, the defense requests a term of 10 years imprisonment. We also respectfully request that the Court recommend that Mr. Santoyo be confined at FCI Coleman (low security). F. The advisory Sentencing Guidelines range.
The plea herein is pursuant to Rule 11 (c)(1)(C). The Sentencing Guideline range exceeds both the terms of the agreement and the statutory maximum. However, as stated above, the defense requests that the PSR be amended to grant a three level reduction for acceptance of responsibility as contemplated both by the Plea Agreement and the actions of the defendant including, cooperation with the government, self surrender, waiver of extradition, and the entry of a timely plea of guilty. Additionally, as a procedural matter and acknowledging that the 11 (c) (1) (C) plea requires a sentence below the applicable guideline range, for the record, the defendant nonetheless objects to both a 12 level enhancement and an adjudication of a criminal history category of VI in that his actions are outside the heartland and the intention of Congress to punish crimes of terrorism and requests a variance for that reason. (PSR, Par. 35) G. The need to avoid unwarranted sentencing disparities among similarly situated defendants.
There are no codefendants or cases related to this offense. The investigation remains ongoing. However, given Mr. Santoyos extraordinary acts of acceptance of responsibility (self surrender, waiver of extradition, and full cooperation with law enforcement), any potential disparity would likely be the result of lesser sentences for defendants similarly situated. H. The need to provide restitution to any victims of the offense.
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As stated in paragraph 33 of the PSI, there are no restitution issues for the Court to address in this case. Moreover, the defendant, by the terms of his Plea Agreement has agreed to forfeiture of all property derived from criminal activity. V. CONCLUSION Mr. Santoyo has dedicated his entire life to protecting his country and its citizens. Often he did so at serious risk to himself. We respectfully request that this Honorable Court impose the minimum sentence of ten years. One need only examine the photographs attached herein that give testament to the lives that Mr. Santoyo literally saved. We conclude by referencing the words of United States District Judge Jed Rakoff of the Southern District of New York: But surely, if ever a man is to receive credit for the good he has done, and his immediate misconduct assessed in the context of his overall life hitherto, it should be at the moment of his sentence, when his very future hangs in the balance. This elementary principle of weighing the good with the bad, which is basic to all of the great religions, moral philosophies, and systems of justice, was plainly what Congress had in mind when it directed courts to consider, as a necessary sentencing factor, the history and characteristics of the defendant. United States v. Adelson, 441 S. Supp. 2d 506, 513-514.
Respectfully submitted, /s/ John Kenneth Zwerling John Kenneth Zwerling, Va. Bar No. 08201 ZWERLING, MOSELEY & SEARS, P.C. 114 North Alfred Street Alexandria, Virginia 22314 Ph: 703-684-8000 Fax: 703-684-9700 jz@zwerling.com
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CERTIFICATE OF SERVICE I hereby certify that on the 7th day of December, 2012, I have electronically filed the foregoing Notice of Appearance with the Clerk of Court using the CM/ECF system which will send a notification of such filing (NEF) to all counsel of record.
/s/ John Kenneth Zwerling John Kenneth Zwerling, Va. Bar No. 08201 ZWERLING, MOSELEY & SEARS, P.C. 114 North Alfred Street Alexandria, Virginia 22314 Ph: 703-684-8000 Fax: 703-684-9700 jz@zwerling.com
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DEFENDANT MAURICIO SANTOYO VELASCOS MEMORANDUM IN AID OF SENTENCING

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