Blog dedicated to reporting on Mexican drug cartels
on the border line between the US and Mexico

Thursday, January 31, 2019

El Chapo Case: Proposed instructions to jury and breakdown of counts for jury deliberation

Chivis Martinez Borderland Beat

Keegan Hamilton tweeted:

"Just got a sneak preview of the defense's closing argument: A powerpoint presentation flashed on the screens in the courtroom with this picture of El Mayo Zambada. Seems it will be all-in on the "Chapo was a fall guy" theory."

Chivis: I have heard that today Jeffrey Lichtman will close for the defense

Below is information gleaned from court documents regarding proposed jury instructions and verdict sheets.  I had posted the sheets proposed by the government but below are the revised sheets and instruction and objection by the defense of some points which are noted 

Proposed from filing

As you have heard throughout the trial, many of the acts alleged to have taken place occurred outside the United States. Nevertheless, American law provides that the defendant may be prosecuted here in the Eastern District of New York if you find, by a preponderance of the evidence, that the defendant was first brought into the United States in connection with these charges within the Eastern District of New York. It does not matter if the defendant was brought to the United States involuntarily or in the custody of law enforcement officers. The Eastern District of New York encompasses the boroughs of Brooklyn, Queens, and Staten Island, as well as Nassau and Suffolk Counties on Long Island.

Preponderance of the evidence

To prove something by a preponderance of the evidence means to prove that it is more likely true than not true. It is determined by considering all of the evidence and deciding which evidence is more convincing. If the evidence appears to be equally balanced, or if you cannot say upon which side it weighs heavier, you must resolve this question against the government.

Proof by preponderance of the evidence is a lower standard than proof beyond a reasonable doubt. This is the only time in this case that you may use the preponderance of the evidence standard to find that a legal element has been established.


At all times relevant to this Superseding Indictment, unless otherwise indicated:

1. Since the late 1980s, the Mexican Federation (the “Federation”) existed as an organized crime syndicate founded upon longstanding relationships between Mexico’s major drug trafficking kingpins. The Federation functioned as a council with representatives from the respective drug trafficking organizations of its principal leaders, including the defendant JOAQUIN ARCHIVALDO GUZMAN LOERA, also known as “El Chapo.

Two Leaders

In the early 2000s, JOAQUIN ARCHIVALDO GUZMAN LOERA and ISMAEL ZAMBADA GARCIA formed a partnership that led to the transformation of the Federation into the Sinaloa Cartel, which became the largest drug trafficking organization in the world. The Sinaloa Cartel had a structure that included thousands of members, including: (a) the leadership of the Sinaloa Cartel, who were the ultimate decision makers in the organization with respect to its drug trafficking and money laundering activities, as well as its corruption and enforcement activities undertaken to preserve and protect its illegal activities;

(b) security personnel, who protected the leadership of the Sinaloa Cartel and engaged in
 violent acts to further the goals of the organization; (c) plaza bosses, who controlled certain territories for the Sinaloa Cartel and were responsible for transporting drugs through those territories; (d) transporters, such as boat and submarine crews, pilots and truck drivers, who transported drugs from Colombia through Mexico and into the United States; and (e) money launderers, who funneled drug proceeds from the United States back to Mexico. While at times there have been rifts and infighting among the leaders of the Sinaloa Cartel, they generally coordinated their criminal activities, shared and controlled Mexico’s trafficking routes, resolved conflicts over territory, minimized inter-organization violence and ensured the Sinaloa Cartel received official or non-official protection.

Acts of violence

ISMAEL ZAMBADA GARCIA and other leaders of the Sinaloa Cartel also employed “sicarios,” or hitmen, who carried out hundreds of acts of violence, including murders, assaults, kidnappings, assassinations and acts of torture at the direction of the defendants. 

The defendants directed and ordered these acts of violence for a variety of reasons, including but not limited to:

(a) Promoting and enhancing the prestige, reputation and position of the Sinaloa Cartel with respect to rival criminal organizations;

(b) Preserving and protecting the power, territory and criminal ventures of the Sinaloa Cartel, including but not limited to the Sinaloa Cartel’s control over drug trafficking routes over the U.S.-Mexico border;

(c) Enforcing discipline amongst its members and associates by punishing disloyalty and failure; and

(d) Protecting members of the Sinaloa Cartel from arrest and prosecution by silencing potential witnesses and retaliating against anyone who provided information or assistance to law enforcement authorities.

(Continuing Criminal Enterprise)
Violations One Through Eleven

(International Cocaine Distribution with the Norte del Valle Cartel)

Villa Cifuentes Org and Sinaloa Cartel

Other suppliers

Violations Twenty Through Twenty-Three
(Cocaine and Heroin Distribution)

(International Cocaine, Heroin, Methamphetamine and
Marijuana Manufacture and Distribution Conspiracy)

(Cocaine Importation Conspiracy)

(Cocaine Distribution Conspiracy)

(International Distribution of Cocaine –
Approximately 450 Kilograms of Cocaine)

(International Distribution of Cocaine –
Approximately 12,000 Kilograms of Cocaine)

(International Distribution of Cocaine –
Approximately 10,500 Kilograms of Cocaine)

(International Distribution of Cocaine –
Approximately 8,000 Kilograms of Cocaine)

(Use of Firearms)
(Conspiracy to Launder Narcotics Proceeds)

(Continuing Criminal Enterprise)
If any of the above-described forfeitable property, as a result of any act
or omission of the defendants:
(a) cannot be located upon the exercise of due diligence;
(b) has been transferred or sold to, or deposited with, a third party;
(c) has been placed beyond the jurisdiction of the court;
(d) has been substantially diminished in value; or
(e) has been commingled with other property which cannot be
divided without difficulty;

(Cocaine, Heroin, Methamphetamine and/or Marijuana Trafficking)

(Use of Firearms in Furtherance of Drug Trafficking)

(Money Laundering)

Defense objections to proposed instructions-

Mr. Guzmán further submits the following comments or additions:

a. Request No. 7 – Mr. Guzmán requests that the first full paragraph on page 16 read
as follows:
You may, of course, find that the existence of an agreement between two or
more persons to disobey or violate the law has been established by direct proof.

b. Request No. 8 – Mr. Guzmán requests that the fourth paragraph on page 19 read
as follows:
Thus, if you unanimously find beyond a reasonable doubt that the defendant
was a member of a criminal conspiracy charged, then ….

c. Request No. 9 – Mr. Guzmán requests that the last paragraph on page 22 read as
Your decision as to whether the defendant conspired to commit a particular
unlawful act must be unanimous. If you determine that the defendant is guilty
beyond a reasonable doubt ….

d. Request No. 10 – Mr. Guzmán requests that the first paragraph on page 25 read as
The government must prove beyond a reasonable doubt that the defendant
conspired to import cocaine into the United States. Your decision as to whether
the defendant conspired import cocaine into the United States must be

e. Request No. 11 – Mr. Guzmán requests that the last paragraph on page 27 read as
If you unanimously determine that the defendant is guilty beyond a reasonable
doubt ….

f. Request No. 12 - Mr. Guzmán requests that the last paragraph on page 29 read as
If you unanimously determine that the defendant is guilty beyond a reasonable
doubt of any of the crimes charged in Counts Five through Nine….

g. Request No. 13 - Mr. Guzmán requests that fourth and fifth paragraphs on page
31 be combined to read as follows:

With respect to violation twenty-nine, murder conspiracy, the violation charges

that the defendant, while engaged in one or more of the narcotics conspiracies as
alleged in Counts Two through Four, did knowingly and intentionally conspire to
kill or cause the intentional killing of one or more persons, (to wit: persons who
posed a threat to the Sinaloa Cartel) and such killing did result.
In order to prove this violation against the defendant, the government must prove

beyond a reasonable doubt.

Read in full letter from defense below
A part of the letter—Murder---

Second, that the defendant agreed with one or more persons to kill individuals or
groups of persons, who posed a threat to the Sinaloa cartel, specifically [NOTE:
the government will provide the list of individuals and groups of persons at the
end of trial] and such killing results. The government need not prove that the
 individual or group of persons whom the defendant agreed to kill was in fact
killed, only that there was an unlawful agreement to do so.  [strike-through indicates
 the defense wants this removed]

The third element the government must prove beyond a reasonable doubt is
that such killing occurred because of, and as part of, defendant’s engaging in
the continuing criminal enterprise (or the offense of e.g., a conspiracy to
distribute controlled substances).

To prove this element, the government must establish that the defendant’s
agreement with one or more other people to counsel, command, induce,
procure, or cause the killing of the victim(s) was related in some meaningful
way to the activity charged in either Counts Two, Three or Four.
You may find that the conspiracy to murder was related to the drug
conspiracy in Counts Two, Three or Four if you find that there was a
connection between the defendant’s role in the conspiracy to murder and his
or her participation in the activity charged in Counts Two, Three or Four.
For example, a defendant engaging in drug distribution who conspires to kill
his or her spouse in a purely non-drug-related domestic dispute would not
satisfy this element. The government must prove that at least one of the
defendant’s purposes or motives in conspiring to kill the victim(s) was
related to the drug distribution activities charged in Counts Two, Three or
Four. It not necessary for the government to prove that this was the sole
purpose, or even the primary purpose, for the conspiracy. What the
government must prove is that there was some substantive connection
between the defendant’s role in the drug distribution activity and his role in
the conspiracy to murder, even if there were other motives or purposes for
the conspiracy to murder.




  1. Better yet, does it talk to all the limitations and exhortations posited inside the only legal-historicity existing to attract your commitment.
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  2. Wasnt that Ultimate-powerful CDS federation got humiliated when they killed rodolfo back in 2004 and waged rivalry toward their ally and when they got kicked out from Nuevo laredo by los Zetas in 2006 when Barbie fleed and switched his operations to Acapulco? CDS than began paying Mexican marines to clear that Tamaulipas plaza for them, but Los Zetas and CDG were too organized to not fall into that trick

    1. Organized ?
      Please ... look at all the Cdg and z factions that are out today fighting each other for the right to extort the locals .. Tamaulipas based cartels have always been a joke .. yea they waged war but when it comes down to it they are some of the poorest cartels around ... where’s the money at ?
      En Culiacan cabrones!

    2. @8:44 Dude think before saying anything, CDG and Zetas or better La Compania were a lot organized before they split, imagine when you have violent top dogs such as Lazca Trevino Efra, Rex(others) Coss Tony Tormenta, C-900 and rest of Osiel's relatives..., Sauceda Gamboa brothers etc being together under the Osiel Cardenas orders, their tactics of recruiting Kaibiles, foot soldiers and moving product to US. the prison breaks they've made the fights CDG and CDS took in Nuevo Laredo and Tamaulipas and in Michoacan till LFM broke out them because of Zetas running the show outta there Tisico had no problem with Zetas as he saw them as support from CDG side but after he got arrested the new leaders such as Chango Tuta and el Mas loco thought the split would be better for them, but after arresting of Chango you would hear that he begged Zetas to re-alliance with his LFM crew, but it was too late for him as Zetas always thought that Betrayal is a Betrayal, CDS was not match to them and we've seen that, CDS didnt even hold a square meter in Tamaulipas back then, even La Barbie switched from NL to Acapulco(BLO) in 2006, when they thought that paying Government to clear the Tamaulipas after Government officialy started drug war and persence of marinas in streets became common would been more effective and to focus on other things. Hell even Alfredo had been doing some business with CDG before Chapo ratted him out in return BLO allied themselves with CDG-Z. Los Zetas and Gulf Cartel combined were one of the most fast growing and stable running cartels at that time, thats why the DEA offered green light to Osiel to ruin the relationships between Zetas and Gulfs in return to lower his sentence instead of life time prison

    3. Cds lost in tamaulipas because they were fighting in cdg turf. Look what happened to Zetas when they invaded Sinaloa chapo personally took care of business. Also on alfredo he was dealing with Zetas since 2006, that's treason a against Cds.

    4. You all said alot of bull crap that was absolutely pointless. 10:11 dude for real... That was a whole lot a gibberish and none of it pertained to the post. You should try thinking before word vommiting again or at least make it interesting. Even if the original post was zeta or golfo related, it would still be too much sh*t. Why are you bringing up early 2000's?? Lol

    5. 1:39 QUE??????? if you think it is gibberish that tells me you have little historical knowledge and are the very person who should read the such comments and research.


    6. 10:11 el mas loco, chango and la tuta were golfos that MADE la familia michoacana to take out Zetas that were trying to take michoacan plaza and extort the local drug dealers there.. el tisico had nothing to do with that and that's the reason he got smoked last year when he went to michoacan to sit with the big dogs from michoacan. That's what really happened boy

    7. 1:39 did you just say gibberish? Did you get that word from eminem's rap song?are you just lieing thru your ass?

  3. Holy Macrol! Ouch Chapo and Zambrada are cooked. Chapo the fall guy lol give me a break. He was El jefe de murders, to build his empire.

    Luna Apaghta

  4. Lmao Lichtmann is going hard (finally!). For a second I thought he was the prosecutor for Zambada’s trial

  5. El Chapo is doomed either way. CIA will take him out.

    1. Lol why would the cia take him out at all??

    2. We have a tin foil hat wearer amongst our midst

  6. Ni modo violador de niñas de 13 años


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