MS-13 Leaders Charged With Racketeering, Narcotics, And Firearms Offenses

Indictment Includes High-Ranking Members of the Governing “Table” of the L.A. Program of MS-13 from New York, California, and Tennessee

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Peter C. Fitzhugh, the Special Agent in Charge of the New York Field Office of Homeland Security Investigations (“HSI”), and James P. O’Neill, Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of an Indictment charging AMILCAR ROMERO, a/k/a “Soldado,” JAIME SANTANA, a/k/a “Smiley,” JOSE GARCIA, a/k/a “Tricky,” and ALEXANDER RIVERA, a/k/a “Extrano,” with racketeering conspiracy and narcotics distribution conspiracy.  CRISTIAN GUERRERO-MELGARES, a/k/a “Enigma,” and GUSTAVO LLEVANO-RIVERA are charged in the narcotics conspiracy count.  Several defendants also face firearms charges.

GARCIA, GUERRERO-MELGARES, and RIVERA were arrested have been presented today before Magistrate Judge Stewart D. Aaron.  SANTANA was arrested last night and will be presented today in the Middle District of Tennessee.  ROMERO is currently in state custody in California on other charges and will be transferred to federal custody in New York and presented at a later date.  LLEVANO-RIVERA remains at large.  The case is assigned to U.S. District Judge William H. Pauley III.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “The defendants in this case include alleged leaders of the L.A. Program of MS-13, operating across the United States.  They and their co-defendants are alleged to have engaged in acts of violence, narcotics distribution, and the use of firearms.  Thanks to our remarkable partners at HSI and the NYPD, the defendants now face federal charges for these very serious crimes.”

HSI Special Agent-in Charge Peter C. Fitzhugh said:  “Today, three high ranking members of MS-13 were arrested for various charges, including, racketeering, drug distribution and firearms offenses.  These three gang members allegedly utilized violence and intimidation in order to further their criminal enterprise.  HSI New York and our other field offices around the country continue to work with our local law enforcement partners to combat MS-13.  It is only through these coordinated efforts that we will be able to disrupt and ultimately dismantle this gang.”

NYPD Commissioner James P. O’Neill said:  “Targeting gangs and crews, and preventing the violence so often associated with their illegal activities, continues to be among the highest priorities for the NYPD and our law enforcement partners.  By precisely targeting the relatively small percentage of individuals responsible for committing much of the violence in New York, we are making the safest large city in America even safer.  We remain relentless in our efforts to identify, arrest, and prosecute anyone who allegedly involves themselves in such criminal behavior.”

According to the allegations in the Indictment unsealed today in Manhattan federal court as well as court filings[1]:

ROMERO, SANTANA, GARCIA, and RIVERA are members of a transnational racketeering enterprise known as Mara Salvatrucha, or MS-13, which operates throughout North and Central America, including in El Salvador, Mexico, New York, California, Texas, Virginia, Tennessee, and North Carolina.  In order to enrich the enterprise, protect and expand its criminal operations, enforce discipline among its members, and retaliate against members of rival gangs, members and associates of MS-13 committed, conspired, attempted, and threatened to commit acts of violence; distributed and possessed with intent to distribute narcotics, including methamphetamine and cocaine; and obtained, possessed and used firearms.

MS-13 is organized into chapters called “cliques.”  Groups of cliques, in turn, are aligned as “programs.”  Each program is governed by a group of senior gang leaders known as the “table.”  ROMERO, SANTANA, and GARCIA are high-ranking members of the table of the “L.A. Program” of MS-13.

ROMERO, 50, SANTANA, 39, GARCIA, 31, and RIVERA, 31, are charged with one count of racketeering conspiracy, which carries a statutory maximum sentence of life in prison. Those four defendants, as well as GUERRERO-MELGARES, 32, and LLEVANO-RIVERA, 23, are charged with one count of conspiracy to distribute and possess with intent to distribute: (i) 50 grams and more of methamphetamine, (ii) 500 grams and more of mixtures and substances containing a detectable amount of methamphetamine, and (iii) mixtures and substances containing a detectable amount of cocaine, which carries a statutory maximum sentence of life in prison, and a mandatory minimum sentence of 10 years in prison. SANTANA, GARCIA, and GUERRERO-MELGARES are charged with possessing, carrying, and using firearms during, in relation to, and in furtherance of, the narcotics conspiracy, which carries a statutory maximum sentence of life in prison, and a mandatory minimum sentence of five years in prison.  SANTANA and RIVERA are charged with possessing firearms while unlawfully or illegally in the United States, which carries a statutory maximum sentence of 10 years in prison.

The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants will be determined by the judge.

Mr. Berman praised the investigative work of HSI and the NYPD.

The charges contained in the Indictment are merely accusations and the defendants are presumed innocent unless and until proven guilty.

 [1] As the introductory phrase signifies, the entirety of the text of the Indictment as well as the referenced letter constitute only allegations, and every fact described herein should be treated as an allegation.