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  • Genaro Garcia Luna Indictment

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    AE Armando
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    This document is a 4-count indictment against Genaro Garcia Luna. Count 1 charges him with participating in an international cocaine distribution conspiracy between 2001 and present. Count 2 charges him with conspiring to distribute and possess cocaine with intent to distribute. Count 3 charges him with conspiring to import cocaine into the United States. Count 4 charges him with making false statements to United States Customs and Immigration Services. If convicted, the government will seek criminal forfeiture of any property derived from or used to facilitate the charged offenses.

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    Departamento de justicia E.U Genaro Garcia Luna

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    This document is a 4-count indictment against Genaro Garcia Luna. Count 1 charges him with participating in an international cocaine distribution conspiracy between 2001 and present. Count 2 charges him with conspiring to distribute and possess cocaine with intent to distribute. Count 3 charges him with conspiring to import cocaine into the United States. Count 4 charges him with making false statements to United States Customs and Immigration Services. If convicted, the government will seek criminal forfeiture of any property derived from or used to facilitate the charged offenses.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    109 views5 pages

    Genaro Garcia Luna Indictment

    Uploaded by

    AE Armando
    This document is a 4-count indictment against Genaro Garcia Luna. Count 1 charges him with participating in an international cocaine distribution conspiracy between 2001 and present. Count 2 charges him with conspiring to distribute and possess cocaine with intent to distribute. Count 3 charges him with conspiring to import cocaine into the United States. Count 4 charges him with making false statements to United States Customs and Immigration Services. If convicted, the government will seek criminal forfeiture of any property derived from or used to facilitate the charged offenses.

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    © All Rights Reserved
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    of 5

    FILED

    IN CLERK’S OFFICE
    U. 8. DISTRICT COURT E.D.N.Y.

    MPR:RCHZEMR DEC 0 4 2019


    F. #2019R00927
    BROOKLYN OFFICE
    UNITED STATES DISTRICT COURT
    EASTERN DISTRICT OF NEW YORK
    X

    UNITED STATES OF AMERICA INDICTMENT


    %
    - against - Cr.
    (T. 18, U.S.C., §§ 2, 1001(a)(2), 3238
    GENARO GARCIA LUNA, and 3551 et seg.; T. 21, U.S.C., §§ 846,
    841(b)(1)(A)(ii)(II), 853(a), 853(p),
    Defendant. 959(d), 960(b)( l )(B)(ii), 963 and 970)

    THE GRAND IURY CHARGES:


    X DEARIE, J.
    COUNTONE
    LEVY , MJ .
    (International Cocaine Distribution Conspiracy)

    1. In or about and between January 2001 and the present, both dates being

    approximate and inclusive, within the extraterritorial jurisdiction of the United States, the

    defendant GENARO GARCIA LUNA, together with others, did knowingly and intentionally

    conspire to distribute a controlled substance, intending, knowing and having reasonable

    cause to believe that such substance would be unlawfully imported into the United States

    from a place outside thereof, which offense involved a substance containing cocaine, a

    Schedule II controlled substance, contrary to Title 21, United States Code, Sections 959(a)

    and 960(a)(3). The amount of cocaine involved in the conspiracy attributable to the

    defendant as a result of his own conduct, and the conduct of other conspirators reasonably

    foreseeable to him, was at least five kilograms or more of a substance containing cocaine.

    (Title 21, United States Code, Sections 963, 960 (b)( l )(B)(ii) and 959(d); Title

    18, United States Code, Sections 3238 and 3551 et seq .)


    2

    COUNT TWO
    (Conspiracy to Distribute and Possess with Intent to Distribute Cocaine)

    2. In or about and between January 2001 and the present, both dates being

    approximate and inclusive, within the Eastern District of New. York and elsewhere, the

    defendant GENARO GARCIA LUNA, together with others, did knowingly and intentionally

    conspire to distribute and possess with intent to distribute one or more controlled substances,

    which offense involved a substance containing cocaine, a Schedule II controlled substanqe,

    contrary to Title 21, United States Code, Section 841(a)(1). The amount of cocaine

    involved in the conspiracy attributable to the defendant as a result of his own conduct, and

    the conduct of other conspirators reasonably foreseeable to him, was five kilograms or more

    of a substance containing cocaine.

    (Title 21, United States Code, Sections 846 and 841(b)(1)(A)(ii)(II); Title 18,

    United States Code, Sections 3551 et seq.)

    COUNT THREE
    (Conspiracy to Import Cocaine)

    3. In or about and between January 2001 and the present, both dates being

    approximate and inclusive, within the Eastern District of New York and elsewhere, the

    defendant GENARO GARCIA LUNA, together with others, did knowingly and intentionally

    conspire to import a controlled substance into the United States from a place outside thereof,

    which offense involved a substance containing cocaine, a Schedule II controlled substance,

    contrary to Title 21, United States Code, Sections 952(a) and 960(a)(1). The amount of

    cocaine involved in the conspiracy attributable to the defendant as a result of his own
    3 .

    conduct, and the conduct of other conspirators reasonably foreseeable to him, was five

    kilograms or more of a substance containing cocaine. .

    (Title 21, United States Code, Sections 963 and 960(b)( l )(B)(ii); Title 18,

    United States Code, Sections 3551 et seq.)

    COUNT FOUR
    (Making False Statements)

    4. On or about June 1, 2018, within the Eastern District ofNew York and

    elsewhere, the defendant GENARO GARCIA LUNA did knowingly and intentionally make

    one or more materially false, fictitious and fraudulent statements and representations, in a

    matter within the jurisdiction of the executive branch of the Government of the United States

    to wit: a statement to the United States Customs and Immigration Services (“ USCIS” ), in

    that the defendant falsely stated and represented to USCIS that he had never committed,

    assisted in committing, or attempted to commit a crime or offense for which he had not been

    arrested, when, in fact, the defendant then and there knew and believed, he had committed,

    assisted in committing and attempted to commit crimes and offenses for which he had not

    been arrested.

    (Title 18, United States Code, Sections 1001(a)(2) and 3551 et seq.) ,

    CRIMINAL FORFEITURE ALLEGATION


    AS TO COUNTS ONE THROUGH THREE

    5. The United States hereby gives notice to the defendant that, upon his

    conviction of any of the offenses charged in Counts One through Three, the government will

    seek forfeiture in accordance with Title 21, United States Code, Sections 853(a) and 970,

    which require any person convicted of such offenses to forfeit: (a) any property constituting,

    or derived from, any proceeds obtained directly or indirectly as the result of such offenses,
    ' i

    and (b) any properly used, or intended to be used, in any. manner or part, to commit, or to

    facilitate the commission of, such offenses.

    6. If any of the above-described forfeitable property, as a result of any act

    or omission of the defendant:

    (a) cannot be located upon the exercise of due diligence;

    (b) has been transferred or sold to, or deposited with, a third party;

    (c) has been placed beyond the jurisdiction of the court;

    (d) has been substantially diminished in value; or

    (e) has been commingled with other property which - cannot be

    divided without difficulty;

    it is the intent of the United States, pursuant to Title 21, United States Code, Section 853(p),

    to seek forfeiture of any other property of the defendant up to the value of the forfeitable

    property described in this forfeiture allegation.

    (Title 21, United States Code, Sections 853(a), 853(p) and 970)

    UNITED STATES ATTORNEY


    EASTERN DISTRICT OF NEW YORK
    F.#: 2019R00927
    -
    FORMDBD 34 No.
    JUN. 85

    UNITED STATES DISTRICT COURT


    EASTERN District of NEW YORK

    CRIMINAL DIVISION

    THE UNITED STATES OF AMERICA


    vs.

    GENARO GARCIA LUNA,


    Defendant.

    INDICTMENT
    (T. 18, U.S.C.,§§ 1001(a)(2), 1451(e), 3238 and 3551 etseq.; T. 21,
    U.S.C., §§ 846, 841(b)( l )(A)(ii)(II), 853(a), 853(p), 959(d),
    960(b)( l )(B)(ii), 963 and 9701
    A true bill.

    Filed in open court this day,

    of A.D. 20

    Clerk

    Bail, $ .

    .
    Michael Robotti, Ryan Harris and Erin Reid, Assistant U S. Attorneys
    (718) 254-7000

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