Posted on 04/16/2008 9:25:16 AM PDT by SwinneySwitch
McALLEN — Convicted Gulf Cartel captain Carlos Landin Martinez wants his bling back.
But the federal government says Landin bought the jewel-encrusted pendant of the patron saint of lost causes with drug money and so it's theirs.
Neither side will budge, so it'll be up to a South Texas jury to decide the case named United States of America vs. Two Pieces of Jewelry.
The pendant of the patron St. Jude which he was wearing when he was nabbed by a federal agent is 10 karats of gold studded with 128 diamonds, 36 emeralds and one ruby, hanging from a 24-inch 14-karat gold chain, valued at $12,400.
The portly middle-aged Landin, inexplicably nicknamed "el Puma," was convicted on drug trafficking charges for collecting "pisos," or taxes, from drug traffickers who wanted to use valuable smuggling routes controlled by the Gulf Cartel. They said Landin, a retired Tamaulipas state police investigator, was the Gulf Cartel's No. 2 man in Reynosa, Mexico.
Landin was wearing the gold chain and pendant when an off-duty drug agent arrested him at a grocery store in McAllen where he was buying watermelon last year.
The federal lawsuit to keep the jewelry suprised Landin's defense team. Federal authorities returned his other personal belongings wallet, watch and rings before his trial. So why not the St. Jude and chain?
"They just want to have a trophy," speculated Landin attorney Eric Jarvis. Jarvis has not seen the jewelry or the discussed it with his client. With more charges pending against Landin in a related case and the sentencing for his January conviction scheduled for later this week "it was really never a priority for us."
DEA spokesman Will Glaspy said authorities only keep personal items of value and then try to find evidence it was purchased with ill-gotten gains.
In the their complaint, prosecutors allege that the jewelry was purchased with money traceable to "the exchange of a controlled substance."
While forfeiture lawsuits are common in drug trafficking cases, Jarvis said usually there is a clear connection, such as a semi-trailer used to transport drugs.
A Drug Enforcement Administration agent suggested in written testimony that the jewelry was a status symbol and a marketing tool that came from ill-gotten gains.
Special Agent Jaime Fernandez said in a sworn statement, "Persons who engage in large-scale drug trafficking tend to wear expensive gold jewelry as visible proof they have been successful in their past drug-trafficking ventures, as evidence that drug-trafficking ventures they propose will also be successful, and as evidence that they are criminals of consequence who it would be unwise to betray."
Caught buying a watermelon at the HEB. Sounds about right.
This is all about the government seizing assets from criminals. Assets that were clearly bought and.or used in criminal activities.
This time it’s jewelry. Other times it’s cars, cash or even houses.
Libertarians can go poop their pants over this.
I thinks it’s great!
However, the "libertarian" in me hates to hear of seizures of assets w/o overwhelming evidence of criminal activity - and the list of these seizures grows every year that we continue the futile "War on Drugs".
Libertarians can go poop their pants over this.
I thinks it’s great!
Ever heard of the “Constitution” and double jeopardy??
Libertarians can go poop their pants over this.
I thinks it’s great!
Ever heard of the “Constitution” and double jeopardy??
I think we’re all missing the real point:
BUILD THE FENCE!
El Puma ping!
If you want on, or off this S. Texas/Mexico ping list, please FReepMail me.
Oh Yeah. Liberaltarians want us quit this "futile" War on Drugs. Liberaltarians are pro-drugs.
I said earlier "Libertarians can go poop their pants..."
And if you please.... be sure to wipe up when you're done.
If I were in charge here I’d implant a listening device in the “bling” and give it back. Then have every one of his deals intercepted and soon enough another drug king would take him out for being an informant.
I have to wonder why the government wants to spend hudreds of thousands on court cases when a few thousand would net them millions in other seizures. Gawd they are dumb!
Agree ....anything one acquires through criminal activity is subject to seizure........doom on em !
1) The act of purchasing the “bling” is not criminal.
2) The “source” of the money is not provable due to the nature of money.
3) To my knowledge, there is no judgment for money as a result of the conviction
4) This is private property
5) The Constitution requires the government to provide just compensation for anything seized.
I'm of the opinion that the government can keep the item, however, it owes the defendant just compensation. The way to correct this in the future is to fine the individual and hold all such property in escrow for a time period to allow the individual to pay off the fine. If the fine is not paid, sell the property at auction to cover the fine.
Auction it off to the highest bidder and use the money to help build the WALL!
Gawd they are dumb!
They’re lawers
Well.... I’m not pro-drug. If it were up to me, I’d have the death penalty for drug dealers/traffickers.
BUT, we in this Nation have been and are currently paying, with our precious rights and treasure, for the “War on Drugs”; which by any objective measure, we are losing badly.
I would offer to trade him his bling for a few names of some colleagues of his. I would throw in another watermelon just so that there are no hard feelings.
I disagree.
Lets assume we surrender to the criminals and waive the white flag at drugs.
We would not be able to build enough prisons and hospitals fast enough to handle the millions of American drug addicts that would pop up overnight.
Our economies would crash and burn.
But who cares? We'd all be too high to give a crap.
Me too, dude! I can't wait till your state makes you an automatic felon for owning a gun they don't like, and then decide that the felony allows them to confiscate your house and car. You can say it can't happen here, but it does.
Santa Cruz county had a nice audio tape introduced of a LEO telling someone he was busting for growing pot on his window sill: "I'm going to look good driving that truck" and threatening to put his kids in foster care.
Hopefully they come get all the creepy gunowning apologists for big brother next!!
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