Tom Diaz

Posts Tagged ‘immigration’

Coulter, Kaus and Those Uppity Brown People

In Cultural assassination, Ignorance of History, politics, The Great Stupid, The So-called "News Media", Tired Old Republicans on March 9, 2014 at 2:14 pm

Leading Conservatives, Presidential Candidates Speak At CPAC Gatheringkaus

This from The Huffington Post about two of the most spiritually ugly “pundits” in America today:

Conservative firebrand Ann Coulter and the Daily Caller’s Mickey Kaus held a one-sided debate on Saturday that mostly served as a 50-minute screed from Coulter on the “browning of America” due to immigration.

Among other reasons to oppose reform, Coulter said: It would help Democrats.

“You want the Democrats who want more immigrants, particularly illegal immigrants, because they need brand new voters, just warm bodies, more votes,” she said. “Amnesty goes through, and the Democrats have 30 million new voters. I just don’t think Republicans have an obligation to forgive law-breaking just because the Democrats need another 30 million voters.”

The debate was ostensibly between a conservative and a liberal — Kaus said he voted twice for President Barack Obama — but the two speakers shared the same view on immigration. Although they discussed a variety of topics, immigration became the principal focus — and not exactly in the softer tone many Republicans have been attempting on the issue to avoid alienating Latino voters.

On that front, Kaus wasn’t much different from Coulter.

“Democrats have a perfectly good reason to be for amnesty, which is craven ethnic pandering that’s going to ensure our power for the next two generations, but what is the Republican excuse?” Kaus asked while talking about Republicans who support reform.

Coulter praised 2012 Republican presidential nominee Mitt Romney’s comments on immigration, which were widely considered to hurt his efforts to win over Latinos. She said she supported Romney because he was the “most aggressive” on immigration.

Coulter said only MSNBC seems to have noticed — and celebrated — the “browning of America.” “But if you don’t celebrate it, you’re a racist,” she said sarcastically.

She mocked those who are more sympathetic to undocumented immigrants, saying most undocumented people are young men who crossed the border without authorization. She also said it’s wrong to claim concern about children when discussing deportations.

“It’s not as if people crossing the border illegally in the back of trucks marked pico de gallo, hiding in barrels, running from the border guards — it’s not like they did not know what they were doing was wrong,” she said. “Everyone acts like they stumbled into the country.”

http://www.huffingtonpost.com/2014/03/08/ann-coulter-cpac_n_4926558.html?ncid=fcbklnkushpmg00000013

I just love it when bloviaters like Coulter and Kaus denigrate, disparage, and demean immigrants and the modern immigrant experience, because it adds more mass to the right-wing death spiral, which has already reached terminal velocity. In their ignorantly misshapen view, the only authentic immigrant experience was (a) white European imperialist “colonizers” committing genocide, (2) mass importation of black slaves by white European imperialists committing genocide, and (3) white European imperialists opening the valve for “brown” Europeans [Eastern and Southern Europeans] just enough to provide labor to be exploited by the white European imperialist industrial enterprises. After that, circa 1924, the ladder goes up, “quotas” are imposed, **and** immigrants of other ethnic origin are an existential threat to be denigrated, disparaged, and demeaned. [Putting aside the earlier, very racist Asian Exclusion Acts of the late 19th century.] This is why millions of Latinos, I for one example, who hold some cultural values similar to the Entity Formerly Known as the Republican Party will never, never, ever vote for a Republican Presidential Candidate.

That Kaus resorts to the “P” word–ethnic “pandering”–shows the paucity of his intellectual arsenal.  It’s as if civil rights legislation in the 1960s was “racial pandering.”And the minimum wage is “pandering to the poor.”

Mickey, get a clue. The days of the Big House are over.

(Curiously, Ron Paul may prove to be the crucial exception, but he is not really a Republican, but a radical Libertarian. Hillary should be very afraid of him.)

ALEX SANCHEZ — ACCUSED SECRET SHOT-CALLER — SPEAKS TO HIS SUPPORTERS

In bad manners, Corruption, Crime, Cultural assassination, Drugs, Gangs, Informants and other sophisticated means, Latino gangs, RICO, RICO indictments, Transnational crime on March 17, 2010 at 10:50 am

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

Alex Sanchez, the “anti-gang activist” who was accused last June of being a secret MS-13 gang shot-caller, is out on bail.  (For background details, start here and follow the links.)

Sanchez’s lawyer successfully beat back an Associated Press motion to make public the transcript of the star-chamber secret bail hearing conducted under the octogenarian aegis of  Federal Quirky Judge For Life Manuel Real.  (Go here for details.) His Honor agree to protect the spineless political hack(s) who testified on behalf of Sanchez.

Lesson: the public has no right to know anything and the First Amendment rights of a Free Press do not reach into the Realm of El Rey Real.

Meanwhile, Sanchez’s supporters cooked up this nicely done video in which The Mother Teresa of Gangsterdom turns his soulful eyes to you (woo-woo-woo) in thanks.  (Go here for link to the Simon & Garfunkel song, “Mrs. Robinson,”  to which the preceding parenthetical refers, kid.)

A nice touch in this video — which is making the rounds of the “immigration rights” movement — is the background music, a cover of Bob Marley’s “Get Up, Stand Up (For Your Rights).” None of Sanchez’s bobbleheads want to get up, stand up, for their right, much less the right of the public, to know what went on behind locked doors in the chambers of Doktor Herr Schiedsrichter Real.

And completely forget about the rights of ordinary people to be free from gang violence.

As Kurt Vonnegut once wrote: poo-tee-wheet, poo-tee-wheet.  Joltin’ Joe — a “Real” role model — may be gone, but we still have Alex!

Look around you, all you see are sympathetic eyes

Stroll around the grounds until you feel at home …

Our nation turns its lonely eyes to you, woo woo woo …

Joltin' Joe -- Son of Immigrants ... Not a Gangster

DiMaggio was born in Martinez, California, the eighth of nine children born to immigrants from Italy, Giuseppe (1872–1949) and Rosalia (Mercurio) DiMaggio (1878–1951). He was delivered by a midwife identified on his birth certificate as Mrs. J. Pico. He was named after his father; “Paolo” was in honor of Giuseppe’s favorite saint, Saint Paul. The family moved to San Francisco, California when Joe was one year old.

Wikipedia

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

In bad manners, Crime, Gangs, Informants and other sophisticated means, Latino gangs, RICO, RICO indictments, Transnational crime, undercover investigations on November 23, 2009 at 1:34 pm

 

 

 

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

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

 

Judge Manuel L. Real

 

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

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

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

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

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

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

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

 

 

Tom Diaz, "No Boundaries: Transnational Latino Gangs and American Law Enforcement"

 

“Tom Diaz has worn out some shoe leather—much like a good detective—in gathering facts, not myths or urban legend. “

—Chris Swecker, Former Assistant Director of the FBI’s Criminal Investigative Division.

“Few people know more about the subject than Tom Diaz and no single book tells the whole story better than No Boundaries. If you really want to know what organized crime in America looks like today, then read this alarming book.”

—Rocky Delgadillo, former City Attorney of Los Angeles

Order No Boundaries from Amazon.com

 

The Stakes

 

If You Indict Mother Teresa, You Better Convict

 

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

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

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

The government has ten days to reply.

The Basic Claim — Sanchez Was Denied a Fair Hearing

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

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

The Life of Alex

 

 

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Court Shifted the Burden of Persuasion

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

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

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

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

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

This Case Should Be Reassigned to a Different Judge on Remand

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

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

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

 

 

Government's Serve

 

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

In Afghanistan, bad manners, Crime, Gangs, Latino gangs, politics, Terrorism, Terrorism and counter-terrorism, Transnational crime on November 10, 2009 at 12:14 am
Cho-GunDM_468x396

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

FNfivesevn

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

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

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

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

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

FNfivesevnwithammo

High Capacity of the Fiveseven Adds to Its Mass Killing Power

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

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

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

Beltway Snipers Chose Bushmaster AR -15 Clone

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

bushmaster_ar15_carbine

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

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

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

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

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

800px-GLOCK_19

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

“Tom Diaz has worn out some shoe leather—much like a good detective—in gathering facts, not myths or urban legend. “

—Chris Swecker, Former Assistant Director of the FBI’s Criminal Investigative Division.

“Few people know more about the subject than Tom Diaz and no single book tells the whole story better than No Boundaries. If you really want to know what organized crime in America looks like today, then read this alarming book.”

—Rocky Delgadillo, former City Attorney of Los Angeles

Order No Boundaries from Amazon.com

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

In bad manners, Crime, Drugs, Gangs, Guns, Informants and other sophisticated means, Latino gangs, Transnational crime, undercover investigations on November 4, 2009 at 4:53 pm
gang_members12_6_07

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

Now it’s definite.

And it’s personal.

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

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

Tom Diaz, "No Boundaries: Transnational Latino Gangs and American Law Enforcement"

“Tom Diaz has worn out some shoe leather—much like a good detective—in gathering facts, not myths or urban legend. “

—Chris Swecker, Former Assistant Director of the FBI’s Criminal Investigative Division.

“Few people know more about the subject than Tom Diaz and no single book tells the whole story better than No Boundaries. If you really want to know what organized crime in America looks like today, then read this alarming book.”

—Rocky Delgadillo, former City Attorney of Los Angeles

Order No Boundaries from Amazon.com

M16assaultrifle

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

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

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

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

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

ak47

AK-47 Was Other Choice of MS-13 Gangsters

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

MS 13

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

AVENUES GANG BUSTED FOR SMUGGLING ALIENS

In bad manners, Crime, Drugs, Gangs, Latino gangs, Mexico, Transnational crime on October 17, 2009 at 9:28 pm
Deported?  No problema!  Federal Indictment Charges Avenues Gang's Drew Street Clique Operated Door to Door Immigration Smuggling Service that Included Illegal Reentry Option

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

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

Internet Website, City of Calexico, CA

Kinda “homey,” right?

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

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

ICE Press Release

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

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

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

  • Transnational criminal organizations are increasingly adapting their cellular structures to a variety of opportunistic crimes.  Structures originally set up for drug trafficking can also be used for smuggling aliens, trafficking human beings, extortion, and trafficking in firearms.
  • Retired Los Angeles Sheriff’s Department Sgt. Richard Valdemar is bang on when he says (as he did to me several months ago) that so-called “street gangs” like the Avenues have jumped in the alien smuggling game as a source of revenues.
  • Background on the Mexicali–Calexico Border Crossing

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

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

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

    Overview

    Defendants … would arrange for unidentified co-conspirators to smuggle illegal aliens into the United States by methods that included jumping over the international boundary fence, walking through the Calexico Port of Entry using fake or falsified documents, riding in cars entering the United States through the Calexico Port of Entry using fake or falsified documents, concealing themselves in hidden compartments in vehicles, and wading through the New River in and around Calexico, California.

    Defendants … would negotiate the price and method that would be used to smuggle illegal aliens into the United States from Mexico… [and] would instruct illegal aliens to wait at particular locations in Mexicali, Mexico, in order to be smuggled into the United States.

    The Safe Houses

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

    Defendants … would meet illegal aliens once they had been smuggled into the United States and take them to a residence in Holtville, California….until transportation from the area could be arranged.

    Defendants … would [also] harbor and conceal recently smuggled illegal aliens at a residence on West Avenue 34 in Los Angeles…[and] would arrange and coordinate transportation for illegal aliens from the Los Angeles area to other locations in the United States.

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

    The Prices

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

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

    Rodriguez told an unidentified co-conspirator that previously-deported illegal aliens were smuggled into the United States undetected through the Port of Entry at a price of $3,500 to $4,500.

    Alvarez told an unidentified co-conspirator that Alvarez charged $4,000 to smuggle an illegal alien into the United States from Mexico through the use of a false green card.

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

    Special Rate for Chinese

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

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

    Gangster Family Values

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

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

    Interesting, no?

    Bonus Round

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

    Caen ocho polleros

    Supuestamente tienen nexos con una pandilla en LA

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

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

    THE MEXICAN MAFIA — NATIONAL AND TRANSNATIONAL POWER, PART TWO

    In Crime, Drugs, Gangs, Guns, Latino gangs, Mexico, RICO, RICO indictments, Transnational crime on August 30, 2009 at 9:28 pm
    Cartels and Drug Routes Depicted in 2008 by Stratfor, Private Intelligence Service

    Cartels and Drug Routes Depicted in 2008 by Stratfor, Private Intelligence Service

    This three part series posting excerpts from federal court cases on the Mexican Mafia (“Eme” or “La Eme”) continues with a look at the powerful prison gang’s trans-border connections.  (The first posting, here, provided an overview of Eme’s organization and its operations).

    U.S. government reports about drugs and gangs often discuss the links among U.S. prison and street gangs, drug trafficking, and the Mexican drug trafficking organizations (DTOs), or cartels.

    But these reports are more often than not maddening in their generality.  They lack what some call fine detail or “granularity.”  Empty calories come to mind.

    A recent federal RICO case brought against members of the Mexican Mafia in San Diego provides some interesting detail to fill in some of the blanks, at least in one major racketeering case.

    First, the generalities.

    The Mexican Side — The Drug Trafficking Organizations

    Probably every sentient being in the United States gets it by now that the Mexican DTOs are the wholesale source of most illicit drugs trafficked in the United States.  To set the stage, however, here is an excerpt describing the nature and role of the DTOs from the National Drug Threat Assessment 2009, published by National Drug Intelligence Center (December 2008).  The excerpt touches on the relationships between U.S. gangs and the DTOs, but only in the most general way:

    Mexican DTOs are the greatest drug trafficking threat to the United States; they control most of the U.S. drug market and have established varied transportation routes, advanced communications capabilities, and strong affiliations with gangs in the United States. Mexican DTOs control a greater portion of drug production, transportation, and distribution than any other criminal group or DTO. Their extensive drug trafficking activities in the United States generate billions of dollars in illicit proceeds annually. Law enforcement reporting indicates that Mexican DTOs maintain drug distribution networks or supply drugs to distributors in at least 230 U.S. cities. Mexican drug traffickers transport multiton quantities of drugs from Mexico into the United States annually using overland, maritime, and air conveyances. The use of varied conveyances enables Mexican drug traffickers to consistently deliver illicit drugs from Mexico to warehouse locations in the United States for subsequent distribution.

    Mexico- and U.S.-based Mexican drug traffickers employ advanced communication technology and techniques to coordinate their illicit drug trafficking activities. Law enforcement reporting indicates that several Mexican DTOs maintain cross-border communication centers in Mexico near the U.S.-Mexico border to facilitate coordinated cross-border smuggling operations. These centers are staffed by DTO members who use an array of communication methods, such as Voice over Internet Protocol, satellite technology (broadband satellite instant messaging), encrypted messaging, cell phone technology, two-way radios, scanner devices, and text messaging, to communicate with members. In some cases DTO members use high-frequency radios with encryption and rolling codes to communicate during cross-border operations.

    Mexican DTOs continue to strengthen their relationships with U.S-based street gangs, prison gangs, and OMGs for the purpose of expanding their influence over domestic drug distribution. Although gangs do not appear to be part of any formal Mexican DTO structure, several Mexican DTOs use U.S.-based gangs to smuggle and distribute drugs, collect drug proceeds, and act as enforcers. Mexican DTOs’ use of gang members for these illegal activities insulates DTO cell members from law enforcement detection. Members of most Mexican Cartels–Sinaloa, Gulf, Juárez, and Tijuana –maintain working relationships with many street gangs and OMGs.

    The U.S. Side — The Prison and Street Gangs

    The National Gang Threat Assessment 2009 (National Gang Intelligence Center, January 2009) discusses — again in a general way with a few lame “examples” — the interfaces of U.S.-side gangs with the Mexican DTOs and other criminal organizations:

    Gang Relationships With DTOs and Other Criminal Organizations

    Some larger gangs have developed regular working relationships with DTOs and other criminal organizations in Mexico, Central America, and Canada to develop sources of supply for wholesale quantities of illicit drugs and to facilitate other criminal activities. According to law enforcement information, gang members provide Mexican DTOs with support, such as smuggling, transportation, and security. Specific examples include:

    Some prison gangs are capable of directly controlling or infuencing the smuggling of multihundred kilograms of cocaine and methamphetamine weekly into the United States.

    Cross-Border Gang Activity

    U.S.-based gang members are increasingly involved in cross-border criminal activities, particularly in areas of Texas and California along the U.S.-Mexico border. Much of this activity involves the trafficking of drugs and illegal aliens from Mexico into the United States and considerably adds to gang revenues. Further, gangs are increasingly smuggling weapons from the United States into Mexico as payment for drugs or to sell for a significant profit. Examples of such cross border activities include:

    Street and prison gang members have established networks that work closely with Mexican DTOs in trafficking cocaine and marijuana from Mexico into the United States for distribution.

    Some Mexican DTOs contract with gangs in the Southwest Region to smuggle weapons from the United States to Mexico, according to open source information.

    A Case In Point

    This is where specific facts alleged in an actual case help fill in the picture.

    The following excerpt from an affidavit filed in support of a criminal complaint in the pending case of United States V. Mauricio Mendez (U.S. District Court for the Southern District of California, Docket No. 3:09-mj-00473-RBB, filed Feb. 13, 2009) alleges in some detail how the drug trade is actually working on the ground between at least this Mexican Mafia crew and a Mexican DTO:

    Beginning in early 2008, a drug trafficking group associated with the Arellano-Felix drug trafficking organization began to interact with, and pay “taxes” to, the Mexican Mafia.  The Arellano-Felix group paid its “taxes” to the Mexican Mafia primarily by providing representatives of the Mexican Mafia with drugs.

    In early September 2008, agents recorded a meeting between the leader of the Arellano-Felix group and defendants [Mauricio] Mendez and [Ruben] Gonzalez.  The purpose of the meeting was to discuss the Arellano-Felix group’s aiding another Mexican drug trafficking group associated with the Mexican Mafia.  One of the leaders of the other drug trafficking group was defendant Jorge Lerma-Duenas.  Lerma-Duenas’ group claimed to have a means of smuggling bulk shipments of marijuana and other drugs through the international ports of entry by using commercial trucking from Mexico.  However, Lerma-Duenas’ group claimed that a switch in the drivers of the commercial trucks had interfered with their smuggling scheme.  Mendez stated that he and other gang members intended to travel to Mexico in order to disable the uncooperative driver so that the other, co-opted driver could retake the route — it was Mendez’s stated intent to break both of the uncooperative driver’s legs.  Mendez sought the Arellano-Felix group’s aid in providing additional security for Mendez for the trip to Mexico.  The leader of the Arellano-Felix group agreed to provide security for Mendez but also sought to form a larger relationship with Lerma-Duenas’ drug trafficking group in order to use Lerma-Duenas’ trucking route to smuggle marijuana for the Arellano-Felix group.  Over the next weeks, agents recorded more meetings in which these topics were discussed between the leader of the Arellano-Felix group, Mendez and Lerma-Duenas.  Mendez also brought members of his crew to these meetings…

    Cross-border relations apparently are not limited to the business of drugs.  The affidavit also describes a 2008 kidnapping and attempted murder in San Diego that was commissioned from Mexico:

    The next series of events arises out of the armed kidnapping and subsequent attempted murder of a male victim by defendant Mendez’s crew.  In a recorded meeting, Mendez admitted that the kidnapping was committed on behalf of individuals in Mexico.  The kidnapping was foiled when the victim succeeded in fleeing his kidnappers.  At the time, one of the kidnappers…attempted to shoot the victim but missed.  Officers recovered a .40 caliber shell casing at the scene of the shooting.

    The affidavit and a subsequent indictment detail many other violent criminal acts committed by this Eme crew.  But these paragraphs speak directly to the relationship of at least this crew and the Mexican side of the violent drug trade.

    “Tom Diaz has worn out some shoe leather—much like a good detective—in gathering facts, not myths or urban legend. “

    —Chris Swecker, Former Assistant Director of the FBI’s Criminal Investigative Division.

    “Few people know more about the subject than Tom Diaz and no single book tells the whole story better than No Boundaries. If you really want to know what organized crime in America looks like today, then read this alarming book.”

    —Rocky Delgadillo, former City Attorney of Los Angeles

    Order No Boundaries from Amazon.com

    THE COMING STORM–JOBS, GANGS, AND LATINO YOUTH

    In Crime, Gangs, Latino gangs on August 11, 2009 at 6:52 pm

    chaiten_thunderstorm

    Bob Herbert’s column in The New York Times today (“A Scary Reality,” August 11, 2009), puts a finger right on what he correctly observes should be the biggest story in the nation–the continuing slow motion jobs train wreck, particularly among young people:

    The percentage of young American men who are actually working is the lowest it has been in the 61 years of record-keeping, according to the Center for Labor Market Studies at Northeastern University in Boston.

    For male teenagers, the numbers were disastrous: only 28 of every 100 males were employed in the 16- through 19-year-old age group. For minority teenagers, forget about it. The numbers are beyond scary; they’re catastrophic.

    This should be the biggest story in the United States. When joblessness reaches these kinds of extremes, it doesn’t just damage individual families; it corrodes entire communities, fosters a sense of hopelessness and leads to disorder.

    Combine the dismal jobs picture with demographic trends among young Latinos and you come up with the unpleasant prospect of  a massive storm on the gang front.  The pool of “second generation” youth from which gangs like the 18th Street gang, MS-13, the Latin Kings, and others recruit is growing.  Moreover, these young people are restless and without the prospect of employment essential to what sociologists call “socialization.”   And all this comes at a time when law enforcement resources — essential to “gang suppression” — are being cut and diverted to other priorities.

    [If this post interests you, also see this later post on the loss of manufacturing jobs specifically.]

    The Second Generation Pool

    The Pew Hispanic Center recently issued a report on the demographic profile of the nation’s Latino youth.  Here is an excerpt from the study, Latino Children: A Majority Are U.S.-Born Offspring of Immigrants, by Richard Fry, Senior Research Associate, and Jeffrey S. Passel, Senior Demographer.  (The full report is available here):

    Hispanics now make up 22% of all children under the age of 18 in the United States–up from 9% in 1980–and as their numbers have grown, their demographic profile has changed.

    A majority (52%) of the nation’s 16 million Hispanic children are now “second generation,” meaning they are the U.S.-born sons or daughters of at least one foreign-born parent, typically someone who came to this country in the immigration wave from Mexico, Central America and South America that began around 1980. Some 11% of Latino children are “first generation”–meaning they themselves are foreign-born. And 37% are “third generation or higher”–meaning they are the U.S.-born children of U.S.-born parents.

    Put simply, about one in five children under 18 are Latino and about half of them are “second generation.”  The following chart graphically illustrates the point:

    Second generation Hispanics

    Historically, most members of ethnic gangs are drawn from the second generation.  This was true of Irish, German, Jewish, and other ethnic gangs in the early 20th Century.  And contrary to conventional “wisdom,” this is also true of Latino gangs.  Lou Dobbs, Patrick Buchanan, and Nativists of their ilk do their best in the echo chamber of “news entertainment” to perpetuate the myth that the Latino gang problem is imported, and that most Latino gangsters are “illegal immigrants.”  Certainly, depending on the gang’s location, many gangsters are indeed immigrants, legal and otherwise, and in some locations may make up the bulk of a “clica” or clique.

    But the vast bulk of Latino gangster by every serious and objective study are the children of immigrants.

    Hans, Franz, and the Younger Governator--"Hear Me Now and Believe Me Later"

    Hans, Franz, and the Younger Governator--"Hear Me Now and Believe Me Later"

    “Hear me now and believe me later.”   This is the pool from which future Latino gang members are going to be drawn.  About ten percent of these children will slip into the darkness of gangs, propelled by the forces of “marginalization,” which include prominently lack of gainful employment.

    Which brings us back to Herbert’s perceptive clarion call.

    The Youth Employment Picture

    Herbert’s data come from The Great Recession of 2007-2009: Its Post-World War II Record Impacts on Rising Unemployment and Underutilization Problems Among U.S. Workers, a recently-released study from the Center for Labor Market Studies at Northeastern University in Boston.  (Full study in pdf here.)  This is a chart from the study showing comparative “labor underutilization rates” — a broader measure than just the unemployed which captures such people as those who are not fully employed or not looking because “what’s the point?” — by ethnicity:

    Unemployment by ethnicity

    You can see that Hispanics and Blacks generally are neck and neck in this broader measure of the Great American Nightmare.  Now take a look at the youth rates in this chart showing underutilization by age groups:

    Unemployment by age

    (Ignore the partial sentence.  I couldn’t figure out a way to erase it.)

    Net assessment?  The Latino gang problem is going to get worse before it gets better.  The best we can hope for is for the success of the continuing federal-led effort to break up gang leadership structures and prevent the emergence of a true Latino Mafia.

    THE FEDS AND GANGS–A GAO REPORT WORTH READING

    In Crime, Gangs, Latino gangs, politics, RICO, RICO indictments, Transnational crime on July 29, 2009 at 3:53 pm

    No Boundaries coverThe United States Government Accountability Office has just published a great report on the role of federal law enforcement in combating gangs.  Like all GAO reports, it’s kinda, sorta wonky, but it captures the 411 on the federal effort.  Fairly Civil highly recommends this read for anyone who cares about the looming transnational gang threat and what we are — and are not — doing about it.

    The summary page from the report follows.  The full report is available here.

    United States Government Accountability Office

    July 2009

    GAO-09-708

    COMBATING GANGS: Better Coordination and Performance Measurement Would Help Clarify Roles of Federal Agencies and Strengthen Assessment of Efforts Highlights

    What GAO Found

    Various DOJ and DHS components have taken distinct roles in combating gang crime, and at the headquarters level, DOJ has established several entities to share information on gang-related investigations across agencies. However, some of these entities have not differentiated roles and responsibilities. For example, two entities have overlapping responsibilities for coordinating the federal response to the same gang threat. Prior GAO work found that overlap among programs can waste funds and limit effectiveness, and that agencies should work together to define and agree on their respective roles and facilitate information sharing. At the field division level, federal agencies have established strategies to help coordinate anti-gang efforts including federally led task forces. Officials GAO interviewed were generally satisfied with the task force structure for leveraging resources and taking advantage of contributions from all participating agencies.

    Federal agencies have taken actions to measure the results of their gang enforcement efforts, but these efforts have been hindered by three factors. Among other measures, one agency tracks the number of investigations that disrupted or shut down criminal gangs, while another agency tracks its gang-related convictions. However, agencies’ efforts to measure results of federal actions to combat gang crime have been hampered by lack of a shared definition of “gang” among agencies, underreporting of information by United States Attorneys Offices (USAOs), and the lack of department-wide DOJ performance measures for anti-gang efforts. Definitions of “gang” vary in terms of number of members, time or type of offenses, and other characteristics. According to DOJ officials, lack of a shared definition of “gang” complicates data collection and evaluation efforts across federal agencies, but does not adversely affect law enforcement activity. DOJ officials stated that USAOs have underreported gang-related cases and work, in part because attorneys historically have not viewed data collection as a priority. In the absence of periodic monitoring of USAO’s gang-related case information, DOJ cannot be certain that USAOs have accurately recorded gang-related data. Further, DOJ lacks performance measures that would help agencies to assess progress made over time on anti-gang efforts and provide decision makers with key data to facilitate resource allocation.

    DOJ administers several grant programs to assist communities to address gang problems; however, initiatives funded through some of these programs have had mixed results. A series of grant programs funded from the 1980s to 2009 to test a comprehensive community-wide model are nearing completion. Evaluations found little evidence that these programs reduced youth gang crime. DOJ does not plan to fund future grants testing this model; rather, DOJ plans to provide technical assistance to communities implementing anti-gang programs without federal funding. DOJ also awarded grants to 12 communities during fiscal years 2006 to 2008 under another anti-gang initiative. The first evaluations of this initiative are due in late 2009, and no additional grants will be funded pending the evaluation results.

    Mural with gang 2

    THE FIRE IS JOE 2008 — IT’S OUR ASH IF MEXICO FAILS, NOT TO MENTION NORTH KOREAN AND PAKISTANI NUCLEAR WEAPONS

    In Crime, Gangs, Guns, Latino gangs, Mexico, Terrorism and counter-terrorism, Transnational crime on January 18, 2009 at 2:32 pm
    forest_fire

    THERE'S A FIRE DOWN BELOW THE BORDER -- IT COULD BE OUR ASHES

    “Away out here they got a name
    For rain and wind and fire
    The rain is Tess, the fire Joe,
    And they call the wind Maria.”

    (“They Call the Wind Maria” is from the 1951 Broadway musical comedy Paint Your Wagon, lyrics by Alan J. Lerner and music by Frederick Loewe.)

    Some years ago the Pentagon used to be called “the Puzzle Palace.” Then James Bamford wrote a book about the National Security Agency titled The Puzzle Palace and the term was preempted for the code-breaking entity (also known as “No Such Agency” in an earlier era).  One can easily see how each connotation is distinctly apt:  the NSA solves puzzles.  The Pentagon is a puzzle.

    One of the pieces of the current Pentagon puzzle is something called the United States Joint Forces Command.  Never heard of it?  Wonder what it does?  Wonder no more.  Here’s the command’s official description of its “mission and strategic goals”:

    The United States Joint Forces Command provides mission-ready joint-capable forces and supports the development and integration of joint, interagency, and multinational capabilities to meet the present and future operational needs of the joint force.

    Clear on that? If this multisyllabic concatenation of jargon is an example of the kind of prose Bush the Lesser got from Strategic Genius Donald Rumsfeld’s Pentagon, no wonder the Iraq adventure went bad.

    A more sharply written product of the command is an intriguing document titled the Joint Operating Environment 2008, also known as JOE 2008.  JOE is described as an “historically informed, forward-looking effort to discern most accurately the challenges we will face at the operational level of war, and to determine their inherent implications.”  It’s a kind of road map of bad stuff that can happen military-wise through the 2030s.  (You can download a pdf of the 51-page report here.)

    Poor JOE 2008 got itself into an appendage wringer the moment it was released to the public last December, with this statement:

    The rim of the great Asian continent is already home to five nuclear powers: China, India, Pakistan, North Korea, and Russia.

    Uh-oh.  Did someone say, “North Korea”? That put some nameless, faceless, but exceedingly honest bureaucrat’s appendage right smack in the kimchi.  See, the United States has vowed it will never accept North Korea as a nuclear power.  JOE hit the fan and someone commanded the command to clarify things thusly:

    The statement regarding North Korea does not reflect official U.S. government policy regarding the status of North Korea. The U.S. government has long said that we will never accept North Korea as a nuclear power. This clarification has been communicated to the embassy of the Republic of Korea.

    Well, that certainly “clarifies” things.  However, according to a report in The New York Times today, North Korea could have as many as six nuclear bombs.  The matter thus seems to turn on what the meaning of “is” is.  For more background on the Korea kerfuffle, see this Korea Times piece.  But, because JOE 2008 was originally an internal document, a fair inference would seem to be that this is a case of truth colliding with diplomatic fiction.

    JOE 2008 also made this sobering observation:

    In terms of worst-case scenarios for the Joint Force and indeed the world, two large and important states bear consideration for a rapid and sudden collapse: Pakistan and Mexico.
    ….
    The Mexican possibility may seem less likely, but the government, its politicians, police, and judicial infrastructure are all under sustained assault and pressure by criminal gangs and drug cartels.  How that internal conflict turns out over the next several years will have a major impact on the stability of the Mexican state.  Any descent by Mexico into chaos would demand an American response based on the serious implications for homeland security alone.

    ….

    A serious impediment to growth in Latin America remains the power of criminal gangs and drug cartels to corrupt, distort, and damage the region’s potential.  The fact that criminal organizations and cartels are capable of building dozens of disposable submarines in the jungle and then using them to smuggle cocaine, indicates the enormous economic scale of this activity. This poses a real threat to the national security interests of the Western Hemisphere.  In particular, the growing assault by the drug cartels and their thugs on the Mexican government over the past several years reminds one that an unstable Mexico could represent a homeland security problem of immense proportions to the United States. 

    Drug Traffickers Are Building Submarines Like These in the Jungle (DEA Photo)

    Drug Traffickers Are Building Submarines Like These in the Jungle (DEA Photo)

    As observed elsewhere on Fairly Civil, Mexico is indeed in an exceedingly violent existential struggle with drug trafficking organizations, largely armed by smugglers who easily acquire their military-style killing machines — including semiautomatic assault rifles, Barrett 50 caliber anti-armor sniper rifles, and “vest-busting” handguns like the FN FiveSeven — on the wide-open U.S. civilian firearms market.  Latino street gangs — like the 18th Street gang and MS-13 — are increasingly involved in the traffic of both drugs and guns, as described in detail in my forthcoming book from the University of Michigan Press, No Boundaries: Transnational Latino Gangs and American Law Enforcement (Spring 2009).

    A failed Pakistan is truly scary (what happens to its 50 nukes?).  But a truly failed Mexico — JOE 2008 does not predict such a result, but merely observes this could happen — would put all kinds of evil right across the border.

    Mexico Before The Mexican American War

    Mexico Before The Mexican American War

    Putting aside the sensitive and imponderable question of the likelihood of a collapse, what seems to have grabbed the attention of Mexican authorities is the JOE’s  reference to “an American response.”  Alarm bells were quite fairly raised, given the history of U.S. incursions into Mexico, particularly the ripping off of a huge chunk of Mexican territory in the name of Anglo-Saxon “Manifest Destiny” in the so-called Mexican American War.  (This sordid history is also laid out in No Boundaries.) Mexican officials read the JOE 2008 report as suggesting armed U.S. intervention might be necessary.  Secretary of Governance Fernando Gomez Mont tartly rejected that idea in an interview with CNN in which he declared “inadmissible” the suggestion of United States intervention.

    But what could the implications of a failed Mexico be for the United States?  The answer would obviously depend on the definition of failed state.  (For definition go here, and for Foreign Policy Magazine’s index of failed states, go here.)  Among the principal attributes of a failed state are “loss of physical control of its territory or a monopoly on the legitimate use of force; erosion of legitimate authority to make collective decisions; an inability to provide reasonable public services; and the inability to interact with other states as a full member of the international community.”  Here are a few impacts one can extrapolate from this definition and the JOE 2008 report.

    1.  North-bound immigration would be increased by hordes fleeing disorder.  This happened during the Mexican Revolution in the early 1900s and the wars in Central America in the 1980-1990s.   It has also been reported that some Mexicans in the United States illegally are already deciding to stay here — in spite of pressure from toughened immigration enforcement — because they fear the violence in Mexico more than they fear ICE’s raids.

    2.  The illegitimate use of force, failure to provide public services, and co-option of national decision-making would spread throughout the region and exacerbate existing economic distress. This would impel even more migrant flight.  For one example of the spread of Mexican DTO violence in the region, see this CNN report from Guatemala.

    3.  This increased immigration would add more pressure to the challenge of Latino assimilation in the United States. The JOE 2008 report addresses this issue under the rubric of “Trends Influencing the World’s Security”:

    By the 2030s the U.S. population will climb by more than 50 million to a total of approximately 355 million.  This growth will result not only from births in current American families, but also from continued immigration, especially from Mexico and the Caribbean, which will lead to major increases in America’s Hispanic population.  By 2030 at least 15% of the population of every state will be Hispanic in origin, in some states reaching upwards of 50%.  How effective Americans prove in assimilating these new immigrants into the nation’s politics and culture will play a major role in America’s prospects.  In this regard, the historical ability of the United States to assimilate immigrants into its society and culture gives it a distinct advantage over most other nations, who display little willingness to incorporate immigrant populations into the mainstream of their societies.

    4.  Intra-Mexican violence would spread to the territory of the United States. Violence by the Mexican drug traffickers is reported to have already come to the United States (mostly in the form of internal warfare, settling unpaid debts, etc.)  But first-generation ethnic groups have always stayed in touch with political developments in their home countries, and some minority of such groups has often inflicted violence on factional rivals in the United States.  Moreover, the United States has often served as a home base for exiled opponents of one or another Latin American state, launching clandestine operations from U.S. soil.

    5.  The proximity of the United States to uncontrolled Mexican territory (no man’s, or if you prefer, no woman’s land) would invite the establishment of clandestine bases and training grounds by terrorist and other armed groups wishing to do violent ill to the United States or its interests in the region. JOE 2008 makes an elegant point one can relate to this possibility, which is the ability of small, informally organized, but extraordinarily violent groups to take advantage of technology:

    One does not need a militia to wreak havoc.  Pervasive information, combined with lower costs for many advanced technologies, has already resulted in individuals and small groups possessing increased ability to cause significant damage and slaughter.  Time and distance constraints are no longer in play.  Such groups employ niche technologies capable of attacking key systems and providing inexpensive countermeasures to costly systems.  Because of their small size, such groups of the “super-empowered” can plan, execute, receive feedback, and modify their actions, all with considerable agility and synchronization.  Their capacity to cause serious damage is out of all proportion to their size and resources.

    6.  The supply of illegal drugs would explode. Freed of even minimal existing enforcement restraints in Mexico, traffickers would be free to concentrate on building and strengthening their ties and conduits with Latino (and other) gangs inside the United States.

    If you were President Obama, what would you do?

    “Tom Diaz has worn out some shoe leather—much like a good detective—in gathering facts, not myths or urban legend. “

    —Chris Swecker, Former Assistant Director of the FBI’s Criminal Investigative Division.

    “Few people know more about the subject than Tom Diaz and no single book tells the whole story better than No Boundaries. If you really want to know what organized crime in America looks like today, then read this alarming book.”

    —Rocky Delgadillo, former City Attorney of Los Angeles

    Order No Boundaries from Amazon.com

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