The Oklahoman

Make El Chapo pay for a wall?

- By Tom Hays

NEW YORK — After El Chapo's conviction in a drug-traffickin­g trial that included florid testimony of jewel-encrusted guns, a fleet of cash-laden jets and a personal zoo with roaming big cats, some Americans have floated an idea they see as poetic justice: Why not take some of the Mexican drug lord's billions in ill-gotten gains and make him pay for a border wall?

That may be a tall order, especially since federal officials can't say for sure how much Joaquin Guzman may still have from his decades of smuggling drugs into the U.S., or how exactly they intend to get their hands on it.

For now, the U.S. Department of Justice says it will be seeking forfeiture of a fortune that Guzman's indictment valued at $14 billion. Authoritie­s won't say how they came up with that number, but experts say it is likely based on evidence of the value of the proceeds of massive drug shipments and whatever assets were used as part of the traffickin­g enterprise.

With Guzman, who faces life in prison for smuggling tons of heroin, meth, fentanyl and marijuana into the U.S., authoritie­s know their forfeiture estimate is partly symbolic, to send a message to other trafficker­s that a conviction could cost them their fortune as well as their freedom, said Duncan Levin, a former federal prosecutor who specialize­d in forfeiture.

“It's obvious he doesn't have $14 billion,” Levin said. “And whatever he has may be largely uncollecta­ble.”

In domestic white-collar cases, there's usually a paper trail that points to seizable assets in hidden bank accounts and shell companies. But El Chapo's trial was rife with evidence about how his Sinaloa cartel went to great lengths to hide its profits, whether stashing cash in safehouses or by laundering it through a phony fruit juice business in Mexico City.

Still, there were some tantalizin­g details of opulence from the trial. Jurors heard one cooperatin­g witness, Miguel Angel Martinez, describe how during the 1990s “cocaine boom” Guzman had “houses at every single beach” and ranches “in every single state.” He said Guzman would send his three private jets each month to pick up drug money in Tijuana. On average, each plane would carry up to $10 million to Sinaloa.

But the defense claimed the government's narrative of a flood of cash fueling Guzman's conspicuou­s consumptio­n was wildly exaggerate­d. In his closing argument, defense attorney Jeffrey Lichtman cited testimony from another cooperator who said that when Guzman was on the run as one of Mexico's most wanted about 10 years ago, he was $20 million in debt and could barely pay the underlings protecting him in one of his mountainsi­de hideouts.

“The dude had no money,” Lichtman told the jury.

Lichtman insisted in a phone interview Thursday that the idea that the 61-year-old Guzman is a billionair­e is bogus.

The government asked a judge for a $10 billion forfeiture order it said was based on debriefing­s of top lieutenant­s in the BeltranLey­va cartel who detailed his assets.

Eduardo Balarezo, who represente­d BeltranLey­va, got that total knocked down to the $529 million after arguing that the $10 billion figure was “pulled from thin air” and impossible to enforce.

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