Updated: Aug 18, 2021
Find out the details of the judicial process of Jessica Oseguera, the daughter of “Mencho”, sentenced to 30 months in prison for her financial support to the CJNG
Five companies he owned provided support to the activities of the drug trafficking group.
By Maibort Petit
MONDAY, JULY 19, 2021
Through his companies, he provided financial support to the Jalisco Nueva Generación Cartel (CJNG), determined the investigations of the Drug Control Administration (DEA) and this was verified by the prosecutors to the point that, finally, Jessica Johanna Oseguera González declared herself guilty of all five charges in Court for the District of Columbia.
The daughter of Nemesio Oseguera Cervantes, "El Mencho", leader of the Jalisco Nueva Generación Cartel (CJNG), the most wanted drug trafficker today in the United States and Mexico, would play an important role as a financial mastermind in the criminal organization.
In this installment we disclose details of the judicial process that resulted in a 30-month prison sentence.
The Grand Jury Indictment
On December 6, 2019, a Grand Jury indicted Jessica Johanna Oseguera González, also known as "Jessica Johanna Castillo" and "La Negra," in the Court for the District of Columbia, on five counts of having financial dealings with companies identified as drug traffickers.
The first of the charges stated that, from September 17, 2015 until the date of the accusation, both in the United States, Mexico and other places, the defendant “participated in transactions or deals of property or interests in the property of a foreign person, J&P Advertising, SA de CV (also known as J and P Advertising, SA de CV), designated to materially assist or provide support or provide goods or services in support of the international drug trafficking activities of the organization of drug trafficking known as the Jalisco Nueva Generación Cartel, and / or being controlled or directed ”by said organization. This in violation of Title 21, United States Code, Sections 1904 and 1906).
The second charge indicated that between September 17, 2015 and February 11, 2016, in the United States, Mexico and elsewhere, Jessica Oseguera “participated in transactions or deals with property or interests in the property of a foreign person, JJGON SPR de RL de CV, designated to materially assist or provide support or provide goods or services in support of the international drug trafficking activities of the drug trafficking organization known as the Jalisco Nueva Generación Cartel ”.
The third charge stated that from September 17, 2015 to the date of the accusation, the defendant, in the United States, Mexico and elsewhere, “participated in transactions or deals of property or interests in the property of a foreign person , Las Flores Cabañas (also known as Cabañas Las Flores), designated to materially assist or provide support or provide goods or services in support of the international drug trafficking activities of the drug trafficking organization known as the Jalisco New Generation Cartel ”.
The fourth charge against Jessica Oseguera stated that from September 17, 2015 to the date of the accusation, in the United States, Mexico and other places, “she participated in transactions or deals of property or interests in the property of a foreign person , Mizu Sushi Lounge y Operadora Los Famosos, SA de CV (also known as Kenzo Sushi y Operadora Los Famosos, SAPI de CV), designated to materially assist or provide support or provide goods or services in support of international drug trafficking activities of the drug trafficking organization known as the Jalisco Nueva Generación Cartel ”.
The fifth count indicated that Jessica Oseguera, from September 17, 2015 to the date of the accusation, in the United States, Mexico and other places, “participated in transactions or deals of property or interests in the property of a person Onze Black (also known as Tequila Onze Black), designated to materially assist or provide support or provide goods or services in support of the international drug trafficking activities of the drug trafficking organization known as the Jalisco Nueva Generación Cartel ”.
She was informed that, if found guilty, the United States government would proceed to confiscate all property derived from the criminal activity charged against her.
On February 27, 2020, Jessica Oseguera was arrested in Washington DC according to information released by Brian A. Benczkowski, Assistant Attorney General for the Criminal Division of the Department of Justice and by the special agent of the Administration of Drug Enforcement (DEA) in charge of the case, William Bodner, who said the arrest occurred pursuant to a court order stemming from a formal indictment issued on February 13, 2020.
The investigation against Oseguera González was led by the DEA Field Division in Los Angeles, which worked jointly with the Office of Foreign Assets Control of the Department of the Treasury (OFAC). Deputy Deputy Chief Anthony Nardozzi and prosecutors Brett Reynolds, Kaitlin Sahni and Cole Radovich of the Narcotics and Dangerous Drugs Section of the Criminal Division are in charge of the process  .
Prosecutor asks for prison without bail
On February 28, 2020, the prosecution presented before the Court for the District of Columbia, a motion for Jessica Johanna Oseguera González to be kept in preventive detention, without the right to bail, on the grounds that she did not maintain family or economic ties with the United States and potentially had access to substantial amounts of drug proceeds in the form of untraceable cash.
The government stated that Oseguera González had the necessary resources and connections that would allow her to flee the jurisdiction if she was not detained and, consequently, there was a serious flight risk that cannot be mitigated by any condition or combination of conditions.
Prosecutors argued before the Court that Jessica Oseguera had to await the trial in detention.
On February 26, 2020, Judge G. Michael Harvey was presented for the first time in which the government requested that the accused be detained pending trial and the court scheduled a detention hearing for March 2, 2020.
Defense demands proof
On March 1, 2020, the defense of Jessica Oseguera asked the Court to issue an order that would oblige the government to disclose everything related to the presentation of certain evidence and certain witnesses at the detention hearing on March 2, 2020.
Jessica Oseguera's lawyers claimed that the prosecution had not presented the necessary evidence for her client to address the government's arguments during her detention hearing. They argued that the suppression of this evidence violated Oseguera's due process rights. González under the Constitution of the United States.
Defense opposes pretrial detention
On March 2, 2020, the defense of Jessica Oseguera González presented to the court an appeal in opposition to the government's motion for preventive detention.
They argued that their client was not charged under the Controlled Substances Act, but for violations of the United States Code 21 USC §§ 1904 and 1906, which are not violent crimes and added that the nature and circumstances of the crimes charged were important much in favor of liberation.
The defense was convinced that the defendant would be acquitted by the jury and that, if found guilty, she would be imposed a lesser sentence while she would be detained until the trial concluded.
The defense argued that the weight of the evidence against Jessica Oseguera favored her pre-trial release, since such evidence was only "empty statements."
Prosecutors argued that there was a significant flight risk on the part of Jessica Oseguera. They stated that this presumption was based on her family and financial relationship with drug trafficking organizations, as well as the weight of the evidence against her, her condition as a foreign citizen, her total lack of ties with the District of Columbia, the significant financial resources available to her. his disposition and his record of attempts to obstruct justice. They argued that no condition or combination of conditions existed that would ensure the defendant's appearance in court.
It added that Oseguera González had been tried in Mexico for similar crimes and the court ruled after receiving evidence presented that she had not committed any crime.
They assured that the defendant did not represent a danger to the community nor did she intend to flee, so she should be released.
Government requests hearing to deny arrest motion
On the same date, March 2, 2020, the prosecution asked the court to hear an appeal to review and annul Judge Meriweather's denial of the government's motion for the preventive detention of Jessica Oseguera.
The investigating judge denied the government's request to detain the accused pending trial and ordered that the accused be released under conditions of liberty.
The government ruled regarding the denial of the examining magistrate, that the District of Columbia Court could, at its discretion, rehear the evidence by withdrawing the witnesses, reviewing the transcripts or proceeding through an offer and an argument.
Prosecutors stated that the Court could require additional evidence from new witnesses or consider previously not presented arguments.
The government reiterated that the defendant should be held pending trial because there was a serious risk of flight and no condition or combination of conditions would reasonably ensure her appearance in court.
On March 3, 2020, Judge Beryl A Howel ordered the parties not to communicate with the cameras by phone, except in emergencies when they must do so jointly to avoid ex parte communications.
Likewise, it instructed the parties regarding the state conferences, which should be held if both had discussed the possibility of a prompt resolution of the case without trial; whether an excludable delay should be ordered under the Speedy Trial Act; to establish a timetable regarding any matter in the case other than the trial; for the resolution of pending discovery problems; in anticipation of a trial; by modification of the standard program; and any other matter relevant to the progress or resolution of the case.
The judge ordered the defense to inform five days in advance if the accused or any witness required interpretation services; provide copies of any submission sealed to avoid delay; work within the deadlines established by court order and, therefore, avoid requesting extensions.
Likewise, it established the norms regarding the different hearings, joint statements, motions in limine, recordings, trial procedures and sentencing hearing.
Through a statement from the DEA it was learned that on March 12, 2021, Jessica Oseguera pleaded guilty to the crimes charged to her. Bill Bodner, special agent who handled the case, said that the statement "is the result of our tireless commitment to disrupt and dismantle all aspects of the CJNG organization (…) Our efforts will continue to include a focus on those who facilitate these illicit drug networks. Together with the Department of Justice, we will use all available investigative tools, including OFAC designations, to bring to justice those who engage in illegal activities that are fueling the nationwide drug crisis. " [2 ] .
Jessica Johanna Oseguera González was sentenced on June 11 to pay 30 months in prison for intentionally participating in financial deals with Mexican companies identified as drug traffickers. These companies were specially designated by OFAC as such in September 2015 and September 2017.
The Acting Assistant Attorney General for the Criminal Division of the Department of Justice, Nicholas L. McQuaid, stated that "This ruling shows that the violation of the Treasury Department sanctions against companies and individuals linked to foreign drug cartels does not will go unpunished, "while adding that" The Kingpin Act is an important tool in the United States government's tireless efforts to dismantle drug cartels, and we will not hesitate to prosecute those who support major drug traffickers participating in conduct that violates the criminal prohibitions of the law ".
For his part, Agent Bodner said that the sentence “shows our unwavering commitment to bring to justice those who ignore the law and threaten public safety (…) Those who engage in illicit financing activities to help the cartels of drugs that fill our communities with powerful and addictive drugs do not have to operate without accountability "  .
REFERENCES  Department of Justice. "Dual US-Mexican Citizen Arrested For Violations Of The Kingpin Act". February 27, 2020. https://www.justice.gov/opa/pr/dual-us-mexican-citizen-arrested-violations-kingpin-act
 Drug Enforcement Administration. "Daughter of Prolific Mexican Cartel Leader Pleads Guilty to Criminal Violation of the Foreign Narcotics Kingpin Designation Act". March 12, 2021. https://www.dea.gov/press-releases/2021/03/12/daughter-prolific-mexican-cartel-leader-pleads-guilty-criminal-violation  Department of Justice. "Daughter of Notorious Mexican Cartel Leader Sentenced for Criminal Violation of the Foreign Narcotics Kingpin Designation Act". June 11, 2021. https://www.justice.gov/opa/pr/daughter-notorious-mexican-cartel-leader-sentenced-criminal-violation-foreign-narcotics