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Cablegate: Extradition: Colombia: Farc Members Julio Enrique

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100682
SOURCE: CBLEXCLS.002946
DRAFTED BY: L/LEI:GHARRIS -- 09/28/2009 202-647-7933
APPROVED BY: L/LEI:PPRUGH
DOJ/OIA:TBLACK (SUBS)
WHA/AND:MBEHAR
DESIRED DISTRIBUTION:
CA/VO/F/S
------------------B9C75C 281454Z /38
O 281432Z SEP 09
FM SECSTATE WASHDC
TO AMEMBASSY BOGOTA IMMEDIATE
INFO DEA HQS WASHINGTON DC IMMEDIATE
DEPT OF JUSTICE WASHINGTON DC PRIORITY

UNCLAS STATE 100682

SENSITIVE

E.O. 12958: N/A

TAGS: PREL CJAN CVIS CO

SUBJECT: EXTRADITION: COLOMBIA: FARC MEMBERS JULIO ENRIQUE
LEMOS-MORENO,AND LUIS FERNANDO-MORA PESTANA (CO:DOB:11/1/1969 AND 4/19/1977)

1. (U) SENSITIVE BUT UNCLASSIFIED. THIS CABLE CONTAINS
SENSITIVE LAW ENFORCEMENT INFORMATION. PLEASE PROTECT
ACCORDINGLY. THIS INFORMATION SHOULD BE RELEASED TO THE HOST
GOVERNMENT IN ACCORDANCE WITH THE INSTRUCTIONS BELOW. THIS
IS AN ACTION CABLE.

2. (SBU) At the request of the United States Department of
Justice, Office of International Affairs (DOJ), Embassy is
asked to present a diplomatic note along the lines of the
text in paragraph 3 below. Per DOJ, Julio Enrique Lemos-Moreno, aka Virgilio Antonio
Vida Mora, aka Silver ("Lemos-Moreno") and Luis Fernando
Mora-Pestana, aka Virgilio Antonio Vidal Mora, aka Silver
("Mora-Pestana") are known to be located in Colombia, at a
location known to law enforcement authorities there. Please
contact in-country Drug Enforcement Administration ("DEA")
Special Agent Nestor Laserna, Bogota at 301-985-9343, or
in-country Federal Bureau of Investigations ("FBI") Special
Agent Roberto Falero, Bogota at 011-571-315-2124, for more
information regarding the location of the fugitives. The
case is being prosecuted for the United States in the
Southern District of New York by Assistant United States
Attorneys Jeffrey Brown, who can be contacted at
212-637-1110, and Rebecca Ricigliano, who can be contacted at
212-637-2486. Magdalena A. Boynton, DOJ Trial Attorney,
Office of International Affairs, is handling matters related
to the provisional arrest and extradition of the fugitives.
She can be contacted at 202-514-0032.
DOJ advises the Department (L/LEI) that draft affidavits from
prosecutor and agent concerning this request have been
received.

3. (SBU) Begin text:
(Complimentary opening) and has the honor to request the
provisional arrest and detention for extradition purposes of
Colombian nationals Julio Enrique Lemos-Moreno and Luis
Fernando-Mora Pestana, in accordance with Article 35 of the
Constitution of Colombia of 1991, as amended by the
Extradition Reform Act, which entered into force on December
17, 1997; the applicable procedural criminal legislation
regarding extradition; relevant treaties to which both
Colombia and the United States are party; and applicable
principles of international law. The Embassy also requests
the seizure of all articles, property, funds and/or proceeds
in the possession of the fugitives at the time of arrest,
which may serve as evidence of the offenses charged, so they
may be surrendered with the fugitives upon their extradition
to the United States. The Embassy considers this request to
be urgent. The Embassy has the honor to inform the Ministry that a
formal extradition request with supporting documents will be
submitted within sixty days of the provisional arrest of the
fugitives for extradition purposes in accordance with the
applicable procedural criminal legislation regarding
extradition Article 530 of the 2000 Colombian Code of
Criminal Procedure. Julio Enrique Lemos-Moreno and Luis Fernando-Mora Pestana
(hereinafter "defendants"), are wanted to stand trial in two
separate criminal cases in the United States District Court
for the Southern District of New York. In criminal case
number 08-CR-1290, an indictment filed on December 18, 2008,
the defendants are charged with one count of conspiracy to
provide material support to a designated foreign terrorist
organization, in violation of 21 USC Section 2339B.
In criminal number S6-09-CR-109, a superseding indictment
filed on May 12, 2009, the defendants are charged in Count
One with conspiracy to commit hostage taking, in violation of
18 USC Section 1203, and in Count Two with hostage taking,
and aiding and abetting that offense, in violation of 18 USC
Sections 1203 and 2. On December 18, 2008, the above court issued arrest warrants
for the defendants based upon the indictment in criminal
number 08-CR-1290. On May 12, 2009, the same court issued
arrest warrants for the defendants based upon the superseding
indictment in criminal number S6-09-CR-109. The arrest
warrants in both cases remain valid and executable.
Facts supporting indictment in case number 08 Cr. 1290
(Providing Material Support): The charges against the defendants stem from an investigation
of the 57th Front of the Fuerzas Armadas Revolucionarias de
Colombia-Ejercito del Pueblo (the "FARC") involving
judicially authorized wire intercepts by the Panamanian,
Colombian, and U.S. governments. The FARC 57th Front
operates in the area of the Colombia-Panama border, in the
Panamanian province of Darien and the Colombian department of
El Choco. Defendant Mora-Pestana is the Deputy Commander of
the FARC's 57th Front. The investigation targeted the 57th Front's use of
Panama-based maritime smugglers to provide the 57th Front
with material support in the form of shipments of weapons,
explosives, food, communication equipment, and other
supplies. The investigation revealed that the FARC's 57th
Front supports its terrorist activities, and those of the
FARC, through, among other means, the following:
On February 22, 2008, off the coast of Panama, five 57th
Front guerrillas ("CC-1 through CC-5"), who were stranded on
a boat, forcibly boarded a Panamanian police patrol boat that
had been dispatched to assist them. The FARC guerrillas held
the Panamanian police officers at gunpoint, and subsequently
engaged them in a shootout, shooting one police officer in
the face. The guerillas were eventually arrested by
Panamanian police in possession of: explosives and
detonators; four fully loaded AK-47 automatic weapons; one
Galil rifle; machetes; approximately 708 live rounds of
ammunition for the AK-47 and approximately 213 rounds for the
Galil rifle; nine empty AK-47 magazines and five empty Galil
magazines; six military backpacks containing personal items
such as clothing and toiletries; communication equipment,
including one portable radio, one cell phone with SIM card,
approximately seven SIM card holders with codes, and one SIM
card; FARC uniforms, including rubber military boots, arm
bands, berets, and eleven camouflage uniforms. Subsequent ion
scans of the 57th Front's boat returned a positive result for
the presence of cocaine. These materials were to be used by
the FARC's 57th Front, and possibly, other FARC units, to
support its terrorist activities in Colombia, Panama, and
elsewhere. On February 23, 2008, during a judicially authorized U.S.
wire intercept, Mora-Pestana and one of his associates,
Juanito Cordoba- Bermudez, discussed the apprehension and
possible injury or death of the captured 57th Front
guerrillas referenced above. In a subsequent conversation
that day, the two men discussed the firefight and arrests of
the guerrillas, and the seizure of the equipment in their
possession. On February 24, 2008, Mora-Pestana and
Cordoba-Bermudez discussed the events leading to the arrests
of the captured guerrillas, and the fact that Cordoba
Bermudez was attempting to hire an attorney for them.
On February 27, 2008, a communique was issued under the name
of an element of the FARC, warning the government of Panama
that it had put itself in "very dangerous position" by
"kidnap(ing) 6 members of our army ... a few days ago;" that
"Front 57 FARC-EP supports in El Choco over six thousand men
who have been trained and armed accordingly;" and threatening
that if the Panamanian government did not "free our kidnaped
comrades ... in perfect health," the 57th Front had
"instructions to take all the necessary hostages from the
(Panamanian) National Police Force, to take (Panamanian)
public officials, or (Panamanian) local politicians in order
to force this into an exchange (of prisoners)" and
"authorization to use full force, any equipment and all
necessary actions." On March 1, 2008, Mora-Pestana and
Cordoba-Bermudez were heard during a wire intercept
discussing the impact of the February 27, 2008, communique on
the Panamanian legal proceedings against the captured
guerrillas. Between March 8 and March 12, 2008, a series of calls was
intercepted between Mora-Pestana, other identified FARC 57th
Front guerrillas, and an individual later arrested by the
Nicaraguan authorities driving a truck containing ten rifles
in a secret compartment. In the calls, Mora-Pestana
inquired, in coded conversation, when the weapons would be
delivered to the Front. On March 27, 2008, after the rifles
were seized at the Nicaraguan border, Mora-Pestana discussed
the seizure with an identified logistical support associate
of the 57th Front, who explained that the rifles had been
seized and that the arrested individual would be released
from jail shortly. As set forth more fully below, to support the 57th Front's
activities, Mora-Pestana directed the kidnapping for ransom
of an American citizen in Panama in April 2008. Information
from a confidential source has revealed that Mora-Pestana
provided 10,000 dollars to assist in the kidnapping, and
directed other 57th Front guerrillas in conducting ransom
negotiations. Facts supporting superseding indictment in case number S6 09
Cr. 109 (Hostage taking): The investigation also has revealed that on or about April 4,
2008, in the vicinity of Costa del Este, Panama, Roque Luis
Orovio LobOn and other co-conspirators, including several
corrupt Panamanian police officers, kidnapped Cecilio Juan
Padron for ransom on behalf of the FARC's 57th Front, of
which defendant Luis Fernando Mora-Pestana is the second in
command. Padron is a United States citizen and businessman,
who was living in Panama at the time. The FARC's 57th Front
operates around the Colombia-Panama border, in the Panamanian
province of Darien and the Colombian Department of El Choco.
It supports its terrorist activities and those of the FARC
through, among other means, hostage taking and narcotics
trafficking. On April 4, 2008, in the vicinity of Costa del Este, Panama,
co-conspirators, with the assistance of corrupt Panamanian
police officers, kidnapped for ransom Cecilio Juan Padron.
During the course of the kidnapping, a satellite telephone
used by Mora-Pestana was used in furtherance of the
kidnapping. The satellite telephone was the subject of a
U.S. judicially authorized wire intercept. Among the
intercepted calls from Mora-Pestana's phone was a call made
from Mora-Pestana's satellite telephone on April 11, 2008, to
contact Padron's family in Panama. During the call, an
unidentified male spoke with Padron's ex-wife in Panama and
requested that she contact someone at Padron's bank in
Panama, and that she get a personal number for one of the
bankers so Padron could call the bank. Several calls were
intercepted from Mora-Pestana's phone on April 30, 2008,
involving another unidentified male. During these calls, the
unidentified co-conspirator contacted the private banking
division of a bank in Panama City. During the calls, the
individual asked to speak with one of Padron's private
bankers, and identified himself as a "friend of Cecilio
Padron." A review of U.S. judicially authorized wire intercepts
revealed that defendant Lemos-Moreno was planning the
kidnapping of Padron in the week of March 2008. On March 28,
2008, Lemos-Moreno was heard speaking to an individual by the
name of "Carlitos." During the call, Carlitos described to
Lemos-Moreno, in coded terms, the planning of the kidnapping,
informing Lemos-Moreno that they would have the "product" on
Thursday (referring to April 3rd), and that it would be
"delivered" the next day, April 4, 2008. On April 3, 2008,
the two men spoke again, and Carlitos informed Lemos-Moreno,
again in coded terms, that the kidnapping had been postponed
from April 3rd to April 4th because Padron had not been alone
on April 3rd, and as a result, the kidnappers had not had the
opportunity to seize him. In the intercepted call, Carlitos
confirmed that he would be providing Lemos-Moreno with "good
merchandise," a reference to Padron. Lemos-Moreno was also
heard discussing the kidnapping with Carlitos after it
occurred. In a series of calls placed on April 7th and 8th,
the two men discussed Padron, including his various
affiliations and attributes. The two men also discussed the arrest of a corrupt Panamanian
police officer who had assisted with the kidnapping,
and the need to hire an attorney for the Panamanian officer
in order to keep him from cooperating with authorities.
Geo-location information for the calls made on April 11,
2008, indicate that on that date the satellite telephones
belonging to defendants Mora-Pestana and Lemos-Moreno were in
the same vicinity, approximately 10 miles south of Jacque,
Panama, at the time of the calls. A co-conspirator of Mora-Pestana's revealed that prior to the
kidnapping, in approximately February 2008, co-defendant
Roque Orovio Lobon requested that the co-conspirator request
funding from Mora-Pestana to commit the kidnapping. The
co-conspirator did so, and received $10,000 dollars from
Mora-Pestana to finance the kidnapping. Following the kidnapping, the same co-conspirator stayed in
contact with Mora-Pestana by both telephone and in-person
meetings. During one of the meetings, Mora-Pestana informed
the co-conspirator that Orovio Lobon would receive payment
for the kidnapping when Mora-Pestana and the FARC received
the ransom payment for Padron. The ransom payment was later
paid in Panama, and Padron was released in Panama.
The provisional arrest and extradition of fugitives are
authorized in accordance with Article 35 of the Constitution
of Colombia of 1991, as amended by the extradition reform
act, which entered into force on December 17, 1997, the
applicable procedural criminal legislation regarding
extradition, and applicable principles of international law.
Seizure and surrender of articles are covered by the
applicable procedural criminal legislation regarding
extradition. All of the actions taken by the defendants in
this case took place subsequent to December 17, 1997.
The Embassy wishes to inform the Ministry that Luis Fernando
Mora-Pestana is a citizen of Colombia, born on November 1,
1969. He holds Colombian cedula number 12.002.392.
Julio Enrique Lemos-Moreno is a citizen of Colombia, born on
April 19, 1977. He holds Colombian cedula number 71.985.826.
(Complimentary closing)

End text.
4. (U) Please send Department a copy of the note for L/LEI,
Room 5419, and cable effective date of fugitive's arrest
pursuant to U.S. request. Please report developments,
captioning response cables for L/LEI-V. Prugh and G.Harris
and DOJ/OIA-M. Boynton. Embassy's assistance is greatly
appreciated.

CLINTON

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