Antonio Oseguera Cervantes

Antonio Oseguera Cervantes (Spanish pronunciation: [an'tonio ose'ɣera θeɾˈβantes]; born 20 August 1958) is a Mexican suspected drug lord and former high-ranking leader of the Jalisco New Generation Cartel (CJNG), a criminal group based in Jalisco. His brother is Nemesio Oseguera Cervantes (alias "El Mencho"), the leader of the CJNG and one of Mexico's most-wanted drug lords. In Mexico, he was formally charged in 2015 for drug trafficking and being in possession of military-exclusive firearms.

Antonio Oseguera Cervantes
Born (1958-08-10) 10 August 1958
Aguililla, Michoacán, Mexico
Other namesTony Montana
Joel Mora Garibay
EmployerJalisco New Generation Cartel
RelativesNemesio Oseguera Cervantes (brother)
In this Spanish name, the first or paternal surname is Oseguera and the second or maternal family name is Cervantes.

On 3 December 2015, Oseguera Cervantes was arrested while driving in Tlajomulco, Jalisco. He was imprisoned at the Federal Social Readaptation Center No. 11, a maximum-security prison in Sonora. The following year, the United States Department of the Treasury sanctioned him under the Foreign Narcotics Kingpin Designation Act for providing financial and material assistance to the CJNG. A judge later released him from prison after determining that there were violations in his due process.

Early life and career

Antonio Oseguera Cervantes was born on 10 August 1958, in Aguililla, Michoacán, Mexico.[1] He uses another formal name, Joel Mora Garibay,[2] and often goes by his alias "Tony Montana".[3] He reportedly has five brothers: Nemesio, Juan, Miguel, Marín, and Abraham.[4] His criminal background dates back to the 1990s. In 1996, Oseguera Cervantes was arrested for heroin charges in the U.S. and deported to Mexico, where he renewed his drug trafficking activities.[5] Several of his siblings were also accused of heroin distribution or other crimes in the U.S. that decade.[6][7] In 2001, Oseguera Cervantes was released from a prison in Mississippi after being convicted for property damage.[lower-alpha 1][9]

His brother Nemesio (alias "El Mencho") is the leader of the Jalisco New Generation Cartel (CJNG) and one of Mexico's most-wanted drug lords.[10] Under his sibling, Oseguera Cervantes was responsible for supervising the buying and selling of firearms for the CJNG. He was also responsible for managing money laundering schemes and passing on information of law enforcement activities to the CJNG.[6][11] According to Mexican security forces, he mostly coordinated the CJNG operations while based in the Guadalajara Metropolitan Area.[12]

On 27 October 2016, the United States Department of the Treasury sanctioned nine Mexican nationals, including Oseguera Cervantes, under the Foreign Narcotics Kingpin Designation Act (also known as the "Kingpin Act") for their alleged involvement in money laundering and/or international drug trafficking.[13] They were accused of providing financial and material assistance to his brother Nemesio and his in-law Abigael González Valencia (alias "El Cuini"), the two leaders of the CJNG and Los Cuinis.[lower-alpha 2] As a result of this sanction, Oseguera Cervantes' assets in the U.S. were frozen and U.S. citizens were prohibited from carrying out transactions with him; the other individuals sanctioned were Julio Alberto Castillo Rodríguez; González Valencia clan members Arnulfo, Édgar Edén, Marisa Ivette, Noemi, and Elvis; businessman Fabián Felipe Vera López and attorney María Teresa Quintana Navarro.[15]

Arrest

On 3 December 2015, Oseguera Cervantes was driving in Tlajomulco, Jalisco, when he noticed the presence of the Federal Police and the Mexican Army.[16][17] As he tried to avoid passing through them at a checkpoint near his home, the officers ordered him to stop.[lower-alpha 3][19] The police had followed his tracks for six months and knew that he was trying to live under a low profile to avoid the detection of law enforcement. Oseguera Cervantes was driving a 2010 Volkswagen Jetta, was not accompanied by a bodyguard, and claimed to be a clothing merchant.[20] He identified himself using an ID with his other alias, Joel Mora Garibay.[8] The police arrested him and seized his vehicle, two assault rifles, a handgun, and a package with an undisclosed amount of narcotics.[lower-alpha 4][23] The Federal Police chief Enrique Francisco Galindo Ceballos confirmed his arrest the following day in a press conference.[24] He stated that Oseguera Cervantes was a high-ranking leader of the CJNG and that his arrest was a major blow to the group's financial circle.[25]

Imprisonment and release

On 4 December, he was transferred to Mexico City and sent to the SEIDO installations, Mexico's anti-organized crime investigatory agency, for his legal declaration.[26] On 7 December, he was sent to the Federal Social Readaptation Center No. 11, a maximum-security prison in Hermosillo, Sonora. The Office of the General Prosecutor (PGR) confirmed that he was charged with drug trafficking and possession of military-exclusive firearms.[27] A federal court in Jalisco confirmed the charges on 15 December after it concluded that the PGR provided sufficient evidences against him. The court also specified that Oseguera Cervantes was found in possession of methamphetamine (1000.1 grams) with intent to distribute.[28]

On 18 December, Oseguera Cervantes' defense issued a writ of amparo to an appeal court in Mexico City and requested them to remove his charges. The court investigated the injuries he had after he was arrested, and analyzed whether he was tortured to confess or if they were a result of him resisting arrest. The court struck the injunction after it considered that the charges against him were serious in nature and that the arrest was lawful.[29]

On 15 July 2016, an appeal court in Jalisco granted Oseguera Cervantes a writ of amparo after it discovered that he was formally charged with drug trafficking and possession of military-exclusive weapons without a required signature by a judge in one of the documents used in the case.[30] The unsigned court document contained information about fingerprint evidence that linked Oseguera Cervantes to the weapons and drugs seized at the moment of his arrest. It also included information of the defense's vehicle and his mental and behavioral exams conducted by criminal investigators. The appeal court stated that the lack of signature affected Oseguera Cervantes' legal representation and thus constituted a violation in the legal process. This pushed back the case against Oseguera Cervantes to its initial stages.[31] He was later released from prison after a judge considered that there were violations in his due process.[32]

See also

Sources

Footnotes

  1. One source confused this date with 18 July 2008.[8]
  2. Abigael González Valencia was arrested on 28 February 2015, in Puerto Vallarta, Jalisco.[14]
  3. Other sources state he was arrested early in the morning of 4 December 2015.[18]
  4. Preliminary reports confused Oseguera Cervantes with Otoniel Mendoza (also known as "Tony Montana"), a former member of the CJNG who was arrested in 2012.[21][22]

References

  1. "Kingpin Act Designations; Counter Terrorism Designations Removals". Office of Foreign Assets Control. 27 October 2016. Archived from the original on 2 April 2017.
  2. "Capturan a hermano del 'Mencho', líder del Cártel Jalisco" (in Spanish). Telemundo. 4 December 2015. Archived from the original on 10 April 2017.
  3. Mosso, Rubén (15 December 2015). "Dan formal prisión a hermano de 'El Mencho'" (in Spanish). Milenio. Archived from the original on 19 March 2016.
  4. "Encarcela PGR a hermano de 'El Mencho'" (in Spanish). El Diario de Juárez. 7 December 2015. Archived from the original on 10 April 2017.
  5. Rivera, Carolina (26 October 2016). "Nueve mexicanos más en la 'lista negra' de EU" (in Spanish). Milenio. Archived from the original on 29 October 2016.
  6. Huerta, Juan Carlos (4 December 2015). "Cae el hermano de 'El Mencho' en Jalisco". El Financiero (in Spanish). Archived from the original on 1 March 2017.
  7. "Hermanos del 'Mencho' Oseguera viven fuera de México" (in Spanish). SDP Noticias. 16 June 2015. Archived from the original on 1 March 2017.
  8. Flores Martínez, Raúl (5 December 2012). "Capturan al hermano del 'Mencho' en Jalisco". Excélsior (in Spanish). Archived from the original on 12 December 2015.
  9. "Cae hermano de 'El Mencho', su operador financiero" (in Spanish). El Informador. 5 December 2016. Archived from the original on 15 February 2017.
  10. "Capturan a Antonio Oseguera, hermano de 'El Mencho', en Jalisco" (in Spanish). El Diario de Coahuila. 5 December 2015. Archived from the original on 10 April 2017.
  11. Castillo, Gustavo (5 December 2015). "Confirman la detención de Antonio Oseguera, hermano de El Mencho, del cártel jalisciense" (in Spanish). La Jornada. p. 19. Archived from the original on 10 April 2017.
  12. Hernández, René (4 December 2015). "Aprehenden al 'Tony Montana' del CJNG" (in Spanish). La Cronica de Hoy. Archived from the original on 10 April 2017.
  13. "Federal Register Volume 81, Number 211: Additional Designations, Foreign Narcotics Kingpin Designation Act". Office of Foreign Assets Control. 1 November 2016. Archived from the original on 3 April 2017.
  14. Vicenteño, David (2 March 2015). "Marina detiene a operador del cártel Jalisco Nueva Generación" (in Spanish). Excélsior. Archived from the original on 6 March 2015.
  15. "Treasury Sanctions Individuals Supporting Powerful Mexico-Based Drug Cartels". United States Department of the Treasury. 27 October 2016. Archived from the original on 1 March 2017.
  16. Janowitz, Nathaniel (4 December 2015). "The Brother of One of Mexico's Most Wanted Drug Lords Has Been Caught". VICE. Archived from the original on 9 March 2016.
  17. "Mexico snares brother of powerful drug cartel leader". Yahoo News. 4 December 2015. Archived from the original on 10 April 2017.
  18. "Detienen al hermano de 'El Mencho', líder del Cártel Jalisco" (in Spanish). Aristegui Noticias. 4 December 2015. Archived from the original on 31 March 2017.
  19. Dávila, Patricia (4 December 2015). "Capturan a Antonio Oceguera, hermano de 'El Mencho'". Proceso (in Spanish). Archived from the original on 10 April 2017.
  20. "Como pantalla, No. 2 del CJNG tenía Jetta y evitaba escolta". La Razón (in Spanish). 7 December 2015. Archived from the original on 24 March 2017. Retrieved 9 April 2017.
  21. "Reportan detención de mando del Cártel Nueva Generación" (in Spanish). El Informador. 4 December 2015. Archived from the original on 5 December 2015.
  22. "Confirma Sedena detención del líder del Cártel de Jalisco Nueva Generación; presentan a 15" (in Spanish). Excélsior. 19 March 2012. Archived from the original on 10 April 2017.
  23. "Detienen a operador financiero y hermano de líder de cártel mexicano" (in Spanish). Agencia EFE. 5 December 2015. Archived from the original on 10 April 2017.
  24. "Fuerzas federales detienen a hermano del líder del cartel Jalisco Nueva Generación" (in Spanish). CNN en Español. 4 December 2015. Archived from the original on 22 March 2017.
  25. Muedano, Marcos (4 December 2015). "Confirma PF detención de hermano de 'El Mencho'" (in Spanish). El Universal. Archived from the original on 13 April 2016.
  26. García, Octavio (4 December 2015). "Confirma PF captura en Jalisco de Antonio Oseguera, hermano de 'El Mencho'" (in Spanish). MVS Comunicaciones. Archived from the original on 10 April 2017. Retrieved 9 April 2017.
  27. García, Dennis A. (7 December 2015). "Consignan al hermano de 'El Mencho' en Sonora" (in Spanish). El Universal. Archived from the original on 5 January 2016.
  28. Dávila, Patricia (15 December 2015). "Formal prisión a hermano de 'El Mencho'". Proceso (in Spanish). Archived from the original on 12 April 2016.
  29. "Hermano de 'El Mencho' interpone un amparo" (in Spanish). El Informador. 18 December 2015. Archived from the original on 7 January 2016.
  30. "Se cae juicio contra el hermano del 'Mencho'" (in Spanish). El Diario de Guadalajara. 15 July 2016. Archived from the original on 10 April 2017.
  31. "Amparan a hermano del 'Mencho'". Zeta (in Spanish). 15 July 2016. Archived from the original on 17 June 2016.
  32. de Mauleón, Héctor (17 July 2018). "'El Sobrino' del CJNG". El Universal (in Spanish). Archived from the original on 17 October 2019.
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