| In Colombia
FARC Drug Case Schifano Gets Compassionate
Release After Sinaloa Too
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
May 13 – Fabio Simon Younes
Arboleda was indicted, with
four others, for trying to
import 10,000 pounds of
cocaine from Colombia into the
United States.
On November
17, 2020 U.S. District Court
for the Southern District of
New York Judge Valerie E.
Caproni held an arraignment
and bail hearing. Inner City
Press covered it.
The US
Attorney's office emphasized
the defendant's connections
with Seuxis Paucis
Hernandez-Solarte a/k/a Jesus
Santrich, of the FARC in
Colombia. Reference was made
to Maduro of Venezuela, and
the Sinaloa cartel in
Mexico.
The
argument for bail was that he
could live in Florida, near
Orlando.
But Judge
Caproni did not go along - she
denied bail...
On October 29,
the US Attorney's Office filed
a status report that it has
given the defense 58
transcripts, and
Spanish-language summaries of
55 calls intercepted by
Colombian authorities.
Jump cut to May 2023, when Judge
Caproni showing mercy ruled in the same
case: Mr. Schifano's Motion for
Compassionate Release is GRANTED, and his term
of incarceration is reduced to time served.
Note 1(A), Medical Condition of the Defendant,
to U.S.S.G. § 1B1.13, states that
"extraordinary and compelling reasons exist"
when (i) "[t]he defendant is suffering from a
terminal illness" (hereafter "Medical
Condition Note"). The Court finds that
extraordinary and compelling reasons exist
pursuant to the Medical Condition Note because
Mr. Schifano is suffering from terminal
metastatic bladder cancer; despite
chemotherapy, Mr. Schifano's physicians
estimate that he has a high risk of mortality
within the next six months. See Gov. Resp. Ex.
2 ("Supp. Med. R."), Dkt. 203 at 3; see also
Mot. Ex. 1 ("Med. R.") at 8.(See Footnote 1 on
this Order). In conjunction with his recurrent
bladder problems, Mr. Schifano has experienced
urinary tract infections that have resulted in
an alteration of his mental status. See Supp.
Med. R. at 3. He has also been diagnosed with
obesity, high blood pressure, high
cholesterol, and cellulitis. See Order, Dkt.
53 at 2. Mr. Schifano is currently
hospitalized, and his physicians have advised
his transition into inpatient hospice care.
See Supp. Med. R. at 3. The Court finds that a
reduction in his term of incarceration to time
served is compatible with the USSC's policy
statements. There is no dispute that Mr.
Schifano is no longer a danger or risk to
society. He is sick, weak, disoriented, and
bedridden. His remaining few months on earth
will be spent in end-of-life care, not money
laundering. Furthermore, Mr. Schifano is a
model prisoner who has avoided BOP discipline
and taken advantages of BOP courses and
opportunities. See Gov. Resp. Ex. 1
("Disciplinary R."); Order, Dkt. 53 at 34.
Lastly, the Court considers the applicable
section 3553(a) factors, and finds they do not
outweigh its finding that Mr. Schifano's
deteriorating health qualifies him for
compassionate release. His present poor health
does not, of course, reduce his culpability or
diminish the harm he caused. His crimes were
undoubtedly serious --- he agreed to launder
millions for two violent organizations, the
Fuerzas Armadas Revolucionarias de Colombia
("FARC") and the Sinaloa Cartel. Presentence
Rep., Dkt. 19 Paragraphs 9, 1114. Mr. Schifano
further represented to a confidential source
that he had "been laundering money for 20
years --- for the Italians, the Russians, and
now the FARC." Sentencing Tr., Dkt. 28 at
2526. But having been incarcerated for five
years, during what should have been his golden
years, and having reached a point where the
quality of life is minimal, Mr. Schifano has
been adequately punished. Releasing him will
not discount the seriousness of his offense or
diminish the message that his crimes were
unacceptable. It also will not prevent his
sentence from serving as a general deterrent
to white-collar criminal conduct. Five years
of incarceration --- up to the point of
approaching death --- is not a slap on the
wrist; it seems likely that no one who might
be considering committing money laundering
would view his sentence as lenient."
The overall
case is US v.
Hernandez-Solarte, et al.,
18-cr-262 (Caproni)
***
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