Corruption · Crime and Violence

Former Mexican Secretary of Public Security arrested in Texas

Former Secretary of Public Security giving a speech during his tenure. Photo: The Associated Press, Alexandre Meneghini.
Former Secretary of Public Security giving a speech during his tenure. Photo: The Associated Press, Alexandre Meneghini.

12/19/19 (written by kheinle) — Mexico’s former Secretary of Public Security, Genaro García Luna, was arrested in Dallas, Texas on Monday, December 9. According to The Los Angeles Times, he is thought to be the highest ranking Mexican official ever to be charged with drug trafficking in the United States. He served as Mexico’s Secretary of Public Security (Secretaría de Seguridad Pública, SSP) from 2006 to 2012 during the Calderón Administration. Prior to that, he led Mexico’s Federal Investigation Agency (Agencia Federal de Investigación, AFI) from 2001 to 2005 during the Fox Administration.

Four-Count Charge

The indictment against García Luna was unsealed on December 10 in the U.S. Attorney’s Office’s Eastern District of New York, leveling three counts of conspiracy to traffic cocaine and one count of making false statements in his U.S. citizenship application. With the former secretary’s protection, the Sinaloa Cartel was able to safely import tons of cocaine and other drugs into the United States between 2006 and 2012. The indictment specifically alleges that García Luna:

  1. “…[conspired] to distribute a controlled substance, intending, knowing and having reasonable cause to believe that such substance would be lawfully imported into the United States from a place outside thereof, which offense involved a substance containing cocaine…”
  2. “…[conspired] to distribute and possess with intent to distribute one or more controlled substances, which offense involved a substance containing cocaine…”
  3. “…[conspired] to import a controlled substance into the United States from a place outside thereof, which offense involved a substance containing cocaine…”
  4. “…[made] 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…”

Systemic Corruption

García Luna’s arrest is emblematic of the serious challenges facing Mexico. The country is notorious for its inability – in some cases unwillingness – to curtail corruption, to check the extremely high levels of impunity, and to hold elected officials accountable. In García Luna’s case, as Secretary of Public Security from 2006 to 2012, he was “the man considered to be the brains behind the Mexican government’s militarized war on drug traffickers,” writes The New York Times. According to the indictment, however, on two occasions García Luna received briefcases full of cash from the Sinaloa Cartel totaling USD $3 million and USD $5 million. Thus, he was simultaneously receiving millions of dollars in exchange for protecting the Sinaloa Cartel and allowing it to operate with impunity while leading the government’s “tough on crime” security plan targeting the Sinaloa Cartel, among others.

In hind sight, García Luna undermined his own strategy. “We are obligated to confront crime,” he said in an interview in 2008 discussing the potential to negotiate with cartels. “That is our job, that is our duty, and we will not consider a pact.”

Funds Received

This indictment unveiled in the Eastern District of New York also sheds some light on the previously unaccounted for growth in García Luna’s personal wealth, as detailed by El Universal. “According to official numbers, García Luna’s salary increase[d] by 120% and his assets increased their value five times.” In 2002, the former secretary earned MXN $1.7 million in 2002, but then jumped to MXN $3.7 million in 2008. He and his wife also owned two homes valued around MXN $500,000 each in 2002, but then owned a MXN $7.5 million-home in 2008 worth more than seven times that his two properties combined just six years earlier. They then purchased two homes just four years later in 2012 in Florida valued at USD $5.5 million combined. There have long been questions surrounding García Luna’s ability to purchase such luxury homes; the indictment may help fill in these gaps.

A Step Forward

With the blatant show of corruption on display in García Luna’s indictment, his arrest is being applauded. “García Luna stands accused of taking millions of dollars in bribes from ‘El Chapo’ Guzmán’s Sinaloa Cartel while [García Luna] controlled Mexico’s Federal Police Force and was responsible for ensuring public safety in Mexico,” wrote U.S. Attorney Richard Donoghue. His “arrest demonstrates our resolve to bring to justice those who help cartels inflict devastating harm on the United States and Mexico, regardless of the positions they held while committing their crimes.”

If convicted, García Luna faces between ten years and life in prison. Mexico’s Attorney General’s Office (Fiscalía General de la República, FGR) is also working with the Secretary of Foreign Affairs (Secretaría de Relaciones Exteriores, SRE) to extradite García Luna to face charges in Mexico.

Sources:

Indictment. CR 19-576. United States District Court, Eastern District of New York. December 4, 2019.

Espino, Manuel. “FGR solicitará extradición de Genaro García Luna.” El Universal. December 10, 2019.

Gringlas, Sam. “Former Top Mexican Security Official Arrested On Cocaine Trafficking Charges.” National Public Radio. December 10, 2019.

Linthicum, Kate. “Former Mexican security official arrested in U.S., accused of taking millions in bribes from ‘El Chapo.’” The Los Angeles Times. December 10, 2019.

Press Release. “Former Mexican Secretary of Public Security Arrested for Drug-Trafficking Conspiracy and Making False Statements.” Department of Justice, U.S. Attorney’s Office, Eastern District of New York. December 10, 2019.

Semple, Kirk and Paulina Villegas. “Arrest of Top Crime Fights Stuns Mexico, Where Corruption Is All Too Routine.” The New York Times. December 11, 2019.

Zavala, Susana. “Genaro García Luna inexplicably built a fortune in 6 years.” El Universal. December 12, 2019.

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