Press Release
THREE ALIEN SMUGGLERS PLEAD GUILTY AND FOUR OTHERS CONVICTED BY JURY IN FAILED SMUGGLING VENTURE
January 27, 2009
FOR IMMEDIATE RELEASE
R. Alexander Acosta, United States Attorney for the Southern District of Florida, Anthony V. Mangione, Special Agent in Charge, U.S. Immigration and Customs Enforcement, Office of Investigations, Rear Admiral Steve Branham, Commander, Seventh Coast Guard District, and Harold Woodward, Director of Field Operations, U.S. Customs and Border Protection, announced the January 23, 2009, convictions of defendants Michel Madrigal Lopez, 30, of Hialeah, Brainer Gomez Cruz, 26, of Carol City, Humberto Carrazana, 25, of Hialeah, and Arley Ceballo Gonzalez, 31, on charges of conspiracy to smuggle aliens into the United States and thirty-two (32) substantive counts of attempting to smuggle aliens into the United States.
Additionally, on January 20, 2009, co-defendants Alexis Viscaino Cervantes, 34, of Miami, Elienten Mendoza Zaldivar, 35, of Miami, Reynaldo Crespo Marquez, 29, of Hialeah, each pled guilty to conspiracy to encourage and induce aliens to enter the United States, resulting in the death of an individual. Additionally, defendant Alexis Viscaino Cervantes pled guilty to failure to stop his vessel when ordered to do so by the Coast Guard.
This case stemmed from a September 23, 2008 smuggling venture. On that date, a Customs and Border Protection (“CBP”) Air and Marine (A&M) aircraft observed two vessels rafted next to one another approximately 30 nautical miles west of Andros Island, Bahamas. One of the vessels appeared to be overloaded with passengers. While observing these two vessels, CBP A&M officers observed a splash in the water, which they believed to be a fuel canister. The CBP A&M aircraft observed a third vessel, later identified as the “Sea Fox,” arrive on scene and raft next to the other two vessels. The United States Coast Guard dispatched three Coast Guard Patrol Boats to interdict the vessels.
Subsequently, the three vessels sailed towards the United States. Two of the vessels traveled parallel to each other while the third vessel, the smuggling vessel, traveled behind without navigational lights, speeding and bouncing violently in the rough seas.
The U.S. Coast Guard Cutters (CGC) Pea Island, Farallon, and Ocracoke approached and interdicted the three vessels. The CGC Pea Island turned on its spotlight and its law enforcement blue lights, and ordered the vessels to stop. Instead, defendant Alexis Viscaino Cervantes, the captain of the boat with the numerous individuals on board, accelerated in an attempt to outrun the Coast Guard. After about a 20-minute chase, the vessel stopped.
Onboard the stopped vessel were 32 Cuban nationals, who did not have permission to enter the United States. One of them sustained a serious head injury while the smuggling vessel was attempting to flee from the Coast Guard. The victim died as a result of the blunt force trauma he suffered when the vessel fled from the Coast Guard.
The CGC Farallon and CGC Ocracoke stopped the other two vessels. These vessels had assisted the smuggling vessel by providing fuel and provisions and acting as decoys. Defendants Reynaldo Crespo Marquez and Humbert Carrazana were onboard one vessel. Additionally, defendants Michel Madrigal Lopez, Brainer Gomez Cruz, and Arley Ceballo Gonzalez were on board the other vessel.
Alexis Viscaino Cervantes, Elienten Mendoza Zaldivar, and Reynaldo Crespo Marquez face up to life imprisonment for conspiracy to smuggle aliens into the United States, resulting in the death of an individual. Michel Madrigal Lopez, Brainer Gomez Cruz, Humberto Carrazana, and Arley Ceballo Gonzalez face up to 10 years’ imprisonment for conspiracy to smuggle aliens into the United States and up to 5 years’ imprisonment on each of the 32 substantive counts of attempting to smuggle aliens into the United States.
Mr. Acosta commended the investigative efforts of U.S. Immigration and Customs Enforcement, Office of Investigations, and the interdiction of the defendants by the Customs and Border Protection and U.S. Coast Guard. The case was prosecuted by Assistant U.S. Attorney Cristina Perez Soto and Special Assistant U.S. Attorney Russ Brown.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
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