Abogado s Santo Yo

UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF VIRGINIA

Alexandria Division

UNITED STATES OF AMERICA, )

)

v. ) CRIMINAL NO. CR 1:12-CR-217

)

MAURICIO SANTOYO VELASCO, )

)

Defendant )

DEFENDANT MAURICIO SANTOYO VELASCO’S MEMORANDUM IN AID OF

SENTENCING

By: John Kenneth Zwerling, Esq. 114 N. Alfred Street Alexandria, VA 22314 [email protected] (703) 684-8000

Oscar S. Rodriquez, Esq. 4500 Le June Road Coral Gables, FL 33146 [email protected] (305) 445-2000

Date: November 26, 2012

Case 1:12-cr-00217-JCC Document 33 Filed 12/07/12 Page 1 of 31 PageID# 132

Mauricio Santoyo Valasco Sentencing Memorandum

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I. PROCEDURAL BACKGROUND

In October 2010, Mauricio Santoyo Velasco (hereinafter: Mr. Santoyo), a retired General

with the National Police of Columbia, is informed by a relative of former Columbian President

Alvaro Uribe Velez, that he, Mr. Santoyo, is under investigation by U.S. authorities for suspicion of

narcotics trafficking. Mr. Santoyo, who served the country of Columbia in a law enforcement

capacity for over 25 years, immediately made arrangements to meet with agents of the U.S. Drug

Enforcement Agency and representatives of the Department of Justice. Four meetings (debriefings)

were held in Aruba and in the United States. Mr. Santoyo retained attorneys in Columbia and

Florida. He hoped his cooperation in the matter would result in a “non-prosecution.” Instead, on

May 24, 2012, Mr. Santoyo was indicted by a federal grand jury in the EDVA for Conspiracy to

Distribute Five Kilograms or More of Cocaine in violation of 21 USC §§ 959(a), 960 and 96. Upon

the unsealing of the indictment, Mr. Santoyo sought not to challenge his extradition to the United

States (despite the fact that had he done so, he may have successfully prevailed for over a decade)

and instead on July 2, 2012, Mr. Santoyo effectively waived extradition and self-surrendered to the

DEA in Bogota, Colombia. He voluntarily agreed to accompany agents to the United States. He has

been incarcerated at the Alexandria Detention Center Arraigned since arraignment on July 6, 2012.

Both during the investigation into his wrongdoing and after his self-surrender, Mr. Santoyo

cooperated extensively with the U.S. law enforcement and intelligence agents (at great risk to his and

his family’s personal safety). Plea negotiations quickly ensued and lead to an agreement. On August

20, 2012, Mr. Santoyo waived further indictment and entered a guilty plea pursuant to a Criminal

Information, admitting that (from October 2001 through November 2008) he had Provided Material

Support to a Designated Foreign Terrorist Organization (United Self-Defense Forces of Colombia, or

AUC), in violation of 18 USC § 2339B.1

1 Despite being designated as a foreign terrorist organization, the AUC was initially created as an umbrella organization

of regional far-right paramilitary counter-insurgency groups in Colombia, each with a goal to protect different local economic, social and political interests by fighting left wing guerilla insurgents in their areas. Formed in April 1997, at the height of kidnappings for ransom and the assassinated of government officials, the AUC was supported by elements in the Colombian government and the Colombian Armed Forces. The group's sponsors



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Pursuant to the Plea Agreement and FRCP Rule 11 (c) (1) (C), the defendant and the

government agree that Mr. Santoyo shall be sentenced to no less than 10 years and not more than the

statutory maximum of 15 years of imprisonment. The sentence to be imposed will cover all criminal

conduct from October 2001 through November 2008. The conduct to be punished essentially

involves the taking of monies from the AUC for information involving law enforcement

investigations and planned arrests of members of said AUC. Mr. Santoyo is himself not charged

with any personal actions of violence or drug trafficking.

The terms of the plea agreement require that Mr. Santoyo continue to cooperate fully and

truthfully with the United States, and provide all information known by him regarding all criminal

activity during his 30-year tenure in law enforcement, although as stated in the PSR, there is no

evidence of relevant conduct prior to October 2001. The government, at its sole discretion, reserves

the right to seek a further reduction of sentence pursuant to FRCP Rule 35(b). Both parties are free

to argue for a sentence within the agreed upon range of 10 to 15 years imprisonment.

We note that the Plea Agreement, pursuant to Section E contemplates a three level reduction

for Acceptance of Responsibility. As the defendant both initiated and continued to cooperate

truthfully with law enforcement, self surrendered, waived extradition, agreed to detention and timely

entered a plea of guilty, we respectfully request that Paragraph 38 of the PSR be amended to reflect

such adjustment. Additionally, as a procedural matter and acknowledging that the 11 (c) (1) (C) plea

requires a sentence below the applicable guideline range, for the record, the defendant nonetheless

included landowners, cattle ranchers, multi-national mining or petroleum companies, multi-national fruit companies, politicians, law enforcement, including judges, prosecutors, attorneys, the army and the police. This is discussed further in this memorandum.

The history and politics of Colombia is discussed throughout this memorandum. It is set forth in greater detail in following books and periodicals, which were used by defense counsel for research purposes:

Garcia Marquez, Gabriel, News of a Kidnapping, New York: Penguin, 1998.

Kirk, Robin, More Terrible Than Death: Drugs, Violence, and America’s War in Colombia, New York: Public Affairs, 2003.

Parenti, Christian, “Colombia’s Deep Divide,” The Nation: June 12, 2006.

Wilkinson, Daniel Death and Drugs in Colombia, Bogota: Random House, 2011.



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directs the Court’s attention to both a 12-level enhancement as the offense involves crime of

terrorism and an adjudication of a criminal history category of VI (PSR, Par. 35). Regarding the

criminal history category, we note the Mr. Santoyo has never previously been arrested and does not

qualify as a career offender (PSR, Par. 45). Nonetheless, the severity of the assigned criminal history

category may impact on the severity of the correctional institution to which he is designated.2 It over

states the seriousness of his criminal history.

In imposing a sentence between the agreed upon range of 10 to 15 years, this Honorable

Court is required to consider the factors as set forth in 18 U.S.C. § 3553(a). Said factors include: (1)

the nature and circumstances of the offense and the history and characteristics of the defendant; (2)

the need for the sentence imposed: (A) to reflect the seriousness of the offense, to promote respect

for the law, and to provide just punishment for the offense; (B) to afford adequate deterrence to

criminal conduct; (C) to protect the public from further crimes of the defendant; and (D) to provide

the defendant with needed educational or vocational training, medical care, or other correctional

treatment in the most effective manner; (3) the kinds of sentences available; (4) the advisory

guideline range; (5) any pertinent policy statements issued by the Sentencing Commission; (6) the

need to avoid unwarranted sentence disparities; and (7) the need to provide restitution to any victims

of the offense. Moreover, this Honorable Court is required to make “an individualized assessment

based on the facts presented”, Gall v. United States, 128 S. Ct. 586, 597 (2007) and to “impose a

sentence sufficient, but not greater than necessary” to accomplish the goals of sentencing.

Kimbrough v. United States, 123 S. Ct. 558, 570 (2007) (emphasis added).

Mr. Santoyo stands before this Honorable Court after having served his country over 25 years

(from 1977 to 2001) without any hint of impropriety or criminality. He is a man who risked his life

and that of his family every day that he put on the uniform of a policeman. He was assigned to the

investigation of homicides, drug offenses, and other violent crimes. Moreover, he led hundreds of

2 In fairness, we believe Mr. Santoyo’s Offense Level should be 39 (42 minus 3 levels for Acceptance of Responsibility

and he should be viewed as a Criminal History Category I offender. His USSG range should more fairly be consider 262-327 months, not 360-Life per the PSR.



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operations and investigations to rescue kidnap victims in Colombia. He himself was shot during one

of the many successful rescues. He is deeply, deeply humbled and ashamed of his actions (none of

which involve his direct participation of any crime of violence) and sought to escape the enormous

pressures to provide information to criminal elements by retiring from the police force. When he

learned of the underlying investigation, he voluntarily met with agents of several American law

enforcement and intelligence agencies in locations outside of Colombia. Upon the unsealing of the

indictment, he surrendered to agents of the Drug Enforcement Agency in Colombia; immediately

accompanied them to the United States; waived extradition (had he not it is likely that he would still

be in his home country); agreed to detention and continued to cooperate with authorities at grave risk

to both himself and family members still residing in Colombia. He is deeply patriotic and deeply

religious.

For over 25 years he served law enforcement with distinction and bravery until he succumbed

to a combination of a misguided belief that aid to right wing paramilitary factions was essential to

the preservation, indeed survival, of his beloved Colombia and financial inducements (defense

objects to specific amounts of bribery referenced in PSR).3 He is totally prepared to accept

responsibility for his actions. However, given the unique nature of the facts herein, the exemplary

background of Mr. Santoyo, and his immediate surrender and cooperation even before indictment,

and his belief that the AUC was necessary to combat left wing guerrilla insurgents destroying the

country, we respectfully request that the Court impose a sentence of ten years of imprisonment.

The following is an analysis of the factors of 3553(a)(2)(A)-(D). When reviewed together

and recognizing that this Honorable Court is to arrive at an individualized assessment that imposes a

3 In brief, counsel objects to ¶¶ 13-18 of the PSR. Mr. Santoyo did not receive bribes in amounts ranging from $50,000

to $100,000. The claim that he received $100,000 monthly is preposterous on its face (this man lived quite frugally and there is no evidence he was in possession of such wealth). He financed the construction of his sugar refinery via bank and a regrettable $25,000 loan (repaid) from a Pacho CiFuentes (a known trafficker but also the son of a Columbian kidnap victim aided by Mr. Santoyo), He was never paid 20 million pesos and 100 million pesos to transfer corrupt officers to sabotage investigations. His actions did not lead to perpetrators escaping arrest nor was he given a $200,000 “prized stallion” (it was a $3,000 brood mare). Most objectionable is the claim an official was paid $280,000 to promote Mr. Santoyo to the rank of Corporal.



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sentence that is sufficient and not greater than required, we believe that the Court should impose the

requested sentence.

II. BACKROUND OF MAURICIO SANTOYO VELASCO

A. Familial Background and Early Childhood

Mauricio Alfonso Santoyo Velasco was born in San Jose de Pare, Colombia on November

25, 1958. He is 53 years old. San Jose de Pare is an agricultural municipality of approximately

5,000 people where growing sugar cane and the production of artisanal brown sugar called “Panela”

is ubiquitous. Mr. Santoyo’s family was no exception. Yes, he enjoyed a middle class upbringing

where his family was involved in the production of the Panela and maintained a farm where they

engaged in agriculture and the raising of pigs and cattle. However, his childhood was characterized

by hard work: early mornings tending to chores before school, helping his father on the ranch after

school, looking after his younger sisters in the evenings. His family was close-knit, loving, deeply

religious and proud. His father, a prominent local citizen, instilled in young Mauricio and his

brothers a strong sense of duty and honor toward God, family and country.

Mr. Santoyo’s father, Luis Alfonso Santoyo, was rancher, farmer, town constable and the

commandant (mayor) of their town, responsible for village administration. His mother, Hilda Maria

Velasco, was a homemaker dedicated to raising her and Luis’ three sons and four daughters. Mr.

Santoyo’s father died in 1999 of prostate cancer at the age of 69. His mother still maintains a

residence in San Jose de Pare at the home where she raised her family.

Mr. Santoyo attended elementary school in the city of Bucaramanga, completed his middle

school studies at San Jose Institute of La Salle, and graduated high school from the National Institute

for Middle Education. He was an above average student.

Julio Cesar Santoyo Velasco, states in his letter to the Court on behalf of his older brother, all

of the children “were raised in a home where the principle of serving others ruled our lives,



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principles that our parents taught us by example…”4

The careers to which Mr. Santoyo and his siblings have dedicated themselves illustrate that

they took their upbringing and family values to heart. After completing high school, all seven of the

children went on to pursue advanced degrees, studies, and professional careers in and outside of

Colombia. The common theme of all of their pursuits is that they embarked upon careers paths that

exemplify the strong values, morals, and national pride instilled in them from very young age.

His oldest sibling, Hilda Consuelo Santoyo Velasco, 58 years old, is licensed in Social Work

and a professor at the school of Integrated Pedro Santos in Santander, Colombia. The oldest brother

is Luis Salomon Santoyo. He was a former police officer who died at the age of 57 of diabetes and

renal failure. Clema Azucena Santoyo Velasco, 56 years old, has a degree in Psychology. She is a

coordinator for the Ministry of Education at the Escuela Normal Superior, in Charala, Santeder,

Colombia and a child psychologist. Younger brother Julio is 51 years old and recently retired as an

officer with the National Police. Maria Amanda Santoyo Velasco, 49 years old, is a social worker

and has worked at the National Prison Institute of Colombia, in Bucaramanga, Colombia for the past

17 years. Mr. Santoyo’s youngest sister, Linda Aura Santoyo Velasco Smith, 48 years old, is a

registered nurse and has a master’s degree in health administration. She lives in Denver, Colorado.

She works as a program manager for health education at the Tepeyac Clinic in Denver.

Most if not all the families in the small town of San Jose de Pare have lived there for

generations. Friendships began at a young age and many people in the town married people whose

families have known each other for decades. Mr. Santoyo and his wife were no different.

Mauricio met his wife, Elizabeth Olarte Villamil, when he was 17 and she was 14 years old.

The two families were close, of like means, and shared the same values and backgrounds. In

hindsight, Mr. Santoyo believes that it was only natural that they would eventually marry. She is the

only woman that he has ever loved. They carried on their courtship for eight years until their

marriage on April 27, 1985, in San Jose de Pare. The have been married for 28 years and have three

4 See Exhibit 1, which contains all character letters submitted to the Court in anticipation of Mr. Santoyo’s sentencing.



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children.

Son, Juan Felipe Mauricio Santoyo Olarte, 26 years of age, recently graduated college with a

bachelor’s degree in Business Administration. Until his father’s self surrender in the instant case, he

was managing the family business that manufactured and sold panela. He is single and lives with the

family.

Middle child, Sebastian Mauricio Santoyo Olarte is 21 years old. He is in college studying

business administration. Because of his father’s arrest and the accompanying struggles confronting

their family, Sebastian has suspended his studies to help support the family. He is also single and

lives with the family.

The family’s youngest child is Mauricio Alfonso Santoyo Olarte. He is 12 years old and a

sixth grader in middle school. He has been diagnosed with Epilepsy, the medical condition that

produces seizures affecting a variety of mental and physical functions. While medication and other

treatments have helped Mauricio live and control his Epilepsy, stress has exacerbated his condition.

Currently living in the United States, away from his doctors, friends and extended community

support, he continues to have seizures that, at times, severely limit his development and progress in

school. He requires constant supervision as the seizures can come at any time.

Mr. Santoyo’s wife, Elizabeth, is an attorney. She was practicing domestic civil law in

Bogota, Colombia until Mr. Santoyo surrendered. She is currently in this country as per a tourist

visa that will expire early next year. It is likely that she and the children will be separated from Mr.

Santoyo for many years. The issue of their ability to return to the U.S. for prison visits is under

negotiation but logistics, security and customs and immigration law may preclude the family from

visiting (at least regular visits appear to be out of the question).

B. Career in Law Enforcement

In January 1977, at 18 years old, Mauricio Santoyo Velasco, following in the footsteps

of his father and older brother, began his career in law enforcement when he entered the General

Santander Police Academy in Bogota, Colombia. This is the national institute in Colombia that



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trains officers to serve in the National Police.

The National Police in Colombia (CNP) – as in many other Latin American countries – is an

armed civilian federal police force, not unlike the Federal Bureau of Investigation or the Drug

Enforcement Administration, but with a hierarchical structure similar to that of the armed forces.

The CNP is the largest police force in Colombia. Although the CNP is not part of the military, it is

technically controlled by the Ministry of Defense.

Mr. Santoyo always knew that he wanted to work in law enforcement and to serve his

country. He worked very hard to get an opportunity to pursue the rigors and academics of an

officer’s training program and was accepted at the Academy.

His training went very well. He was one of the top students in his class. He graduated from

the Academy in November of 1978 as a Second Lieutenant and was immediately assigned to the 4th

District in the Las Cruzas neighborhood in Bogota. This was, and is, a dangerous area with high

rates of criminal activity ranging from murder to petty crimes. Mr. Santoyo worked as a shift

commander, with a force of 80 policemen under his command. He oversaw street patrols and ran

local investigations of robberies, drug dealing and murders at risk to himself and his brother officers.

Although this was huge responsibility for a 20-year-old, his leadership skills during officer

candidacy training had been observed and respected by his superiors.

A year later he was assigned to work as an instructor for the police academy in the city of

Villavicencio where he trained rank and file policemen. In 1980, he was promoted to the rank of

Lieutenant, and subsequently assigned to work at the Directorate of Judicial Police and Investigation

in Bogota. This office in Colombia is similar to the Federal Bureau of Investigation in the U.S. and

serves as the primary investigation component of the government. Mr. Santoyo was initially

assigned to the investigation of homicides. His superiors recognized his skills and success and he

was eventually granted jurisdiction to investigate narcotics, organized crime, and kidnapping cases

on a nationwide (federal) basis.



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In 1982, Mr. Santoyo was assigned to work as an officer of the Anti-Extortion and Anti-

Kidnapping Operations Group (GOES) in Bogota. Part of the department’s mission was the

investigation of kidnapping and extortion crimes. The agency led armed confrontations against the

criminals who orchestrated these crimes. These operations led to the rescue of many of the kidnap

victims and the arrest of the perpetrators.

Mr. Santoyo excelled in this position and felt great satisfaction thwarting acts of extortion

and kidnapping at the time when this criminal activity was omnipresent in Colombia. He felt as if he

had found his calling within the police force and his superiors agreed. As a result of his

extraordinary efforts and professionalism, he was appointed in 1987 to be chief of the GOES unit

and promoted to the rank of captain. During this time, Mr. Santoyo helped lead many rescues in

different regions of Colombia and also was involved in special anti-drug operations. The danger to

both Mr. Santoyo, and potentially to his family, can in no way be overstated. In a letter written by

his wife, Elizabeth, she relates:

“In general, the life of my children along with mine has been marked by many fears and uncertainties. I can remember precisely, as if it were today, the countless times my husband had to leave the house in the middle of the night in response to myriads of operations. I remember him leaving in an impeccable uniform, which I was always proud of, but also with a gun attached to his leg, with another one attached to his waist, and with a series of protective gear, unfamiliar to the general public. For obvious reasons, we could not ask any details of the missions he was undertaking or the length of time or expected risks factors. From the minute he left our home, until we heard from him again, our four lives were enveloped in an indescribable anguish and fear.”

To illustrate the work of, and the risk to, the defendant, we relate the case of Mr. Arturo

Diaz Silva, an 80-year-old farmer and rancher who was kidnapped in February 1985 by left-wing

guerilla insurgents calling their group the Revolutionary Armed Forces of Colombia (FARC).

FARC demanded millions as ransom for Mr. Silva’s safe release and return to his family. Mr.

Santoyo was assigned to work the investigation.



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After an extensive investigation, Mr. Santoyo and the GOES group he commanded learned

of Mr. Diaz Silva’s location in a mountainous region in the western region of Colombia. In order to

secure his release, Mr. Santoyo understood that an armed confrontation with the kidnappers was

highly probable.

On March 28, 1985, they embarked on the rescue

mission. The kidnappers used long and short-range

weaponry to repel Mr. Santoyo and his special operations

team. An armed battle with the FARC guerillas ensued. Led

by Mr. Santoyo, the operations team successfully rescued

Mr. Diaz Silva. He escaped unharmed after an arduous and

harrowing captivity. However, during the rescue, the

kidnappers, four of whom were killed during the operation,

shot Mauricio and several members of his team. A bullet

entered Mr. Santoyo’s left hip and eventually settled in the

right side of his abdomen. The wedding to his wife was

scheduled two days after the rescue mission. Instead

Mauricio spent eight months recovering from his wounds

and undergoing physical therapy.

Wounded Mauricio Santoyo Being Carried by His Officers

Married in 1985, Elizabeth always knew of the risks to her husband, but she has steadfastly

supported him and his career. There were many times that they were separated for long periods and

there were days, weeks and even months when she feared for his very life. However, her pride of her

husband’s service to their country has sustained her even now. Continuing in her letter, she relates:

“Generally, we would be informed by the radio or via television of the specifics of the mission he had accomplished. It was at that instant we were grateful to God. We counted our blessings for his well-being, and simultaneously for granting my husband an opportunity to restore another family’s joy, as their beloved family member returned safely to freedom. It was in that instant than our fears disappeared, and we



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were transformed into a profound feeling of pride, which filled our heart with courage and strength, preparing us for the next time, during the middle of the night, when we would see him leave our home to fulfill his duty.”

During this period that extends for decades prior to any allegation of criminality, Mr.

Santoyo also participated in an ongoing effort on the part of the Colombian government to

investigate, locate and destroy cocaine laboratories. For example, in 1984, he participated in the

investigation and destruction of a large complex of cocaine laboratories owned and controlled by the

drug lord Pablo Escobar. Several cocaine laboratories were destroyed and over 1,000 kilograms of

cocaine was seized. Mr. Santoyo was also part of the search team formed to capture Pablo Escobar

in 1989. All of these actions were undertaken at serious physical risk to himself.

Officer Santoyo on Patrol with Fellow Officer in Jungle in Pursuit of Drug Lord Escobar

In 1990, Mr. Santoyo was promoted to the rank of major and was assigned as Deputy

Director of the Police Academy in the state of Boyaca, where he was in charge of training

approximately 1,000 police recruits.



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In January 1993, he was appointed to act as commander of an anti-Kidnapping and anti-

Extortion unit in the City of Bucaramanga, resuming his earlier work focusing on the prevention and

investigation of kidnapping and extortion crimes. He commanded this unit for a year and was very

successful rescuing numerous hostages and conducting operations against guerilla factions in the

region.

In 1995, Mr. Santoyo left the above position and returned to Bogota where he completed the

CNP course work to obtain his promotion to Lieutenant Colonel. During this time he also graduated

with a Bachelor’s Degree in Business Administration from the Universidad Cooperativa de

Colombia. (Note: the defense denies the allegation that Mr. Santoyo’s promotion to colonel was as

a result of a bribe, See PSR, Par. 16). Thereafter, from December 1995 through July 1996, he

served as the commander of a police precinct in Bogota, Colombia where he was in charge of over

800 officers.

By the spring and summer of 1996, even by the standards of Colombia, there was an

increase in kidnapping and extortions, especially in the city of Medellin. It was also during this time

that ACU, an umbrella organization of regional far-right paramilitary counter-insurgency groups in

Columbia, was to protect different local economic, social and political interests by fighting left wing

guerilla insurgents including the FARC in their areas. Formed in April 1997, AUC was supported by

elements in the Colombian government and the Colombian Armed Forces. The group's sponsors

included landowners; cattle ranchers; multi-national mining, petroleum, and fruit companies;

politicians; law enforcement, including judges, prosecutors, attorneys, the army and the police.

By this time, Mr. Santoyo had accumulated vast experience in the investigation of violent

crimes, including kidnappings and assassinations. He was appointed as the head of the Unified

Action for Personal Liberty Group (GAULA). This group was responsible for fighting both the

guerillas and the large-scale narcotics cartels that perpetrated these crimes. GAULA was specifically

designed to stamp out the alarming amount of kidnapping and to perform counter narcotic operations



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in Medellin.

Mr. Santoyo remained with GAULA until December 1999. During his time as commander,

the group rescued 96 kidnapped victims held for ransom by numerous guerilla factions, drug

trafficking operations, and other criminal organizations operating in and around Medellin. His work

in law enforcement was extremely dangerous but he continued despite the great personal risk to

himself, and arguably to his family. During these operations, six police officers under Mr. Santoyo’s

command lost their lives. One of his men, a 22-year-old Second Lieutenant and father of a young

boy, died when he sought to shield Mr. Santoyo and was instead shot in the neck and the carotid

artery. He bled to death almost immediately. Mr. Santoyo will never forget his sacrifice. He was

close to all of his men. They were like his brothers.

Santoyo with his Anti-kidnapping Unit after a Successful Mission to Free the Kidnapped Child of a U.S. Citizen



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The citizens of Colombia greatly respected and admired Mr. Santoyo for his work in

GAULA. As his friend and former neighbor, Guilleermo Rebles, describes in his letter to the Court:

“I found out through the press of his courageous fight against organized crime, especially in Medellin, when he was commander of the Gaula. I respect and admire the work that he made during those years, leading members of the security forces of Colombia to face up (to) powerful criminals that threatened their lives with horrific and tortuous messages against their families to cease the actions against crime.”

Promotion Ceremony with Governor

In December 1999, Mr. Santoyo was transferred back to Bogota and was appointed Director



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of the Anti-Kidnapping Unit of the CNP. This was the CNP’s national office that supported groups

like GAULA and other CNP units operating in Colombia to combat kidnapping and extortion.

While in this position, much of his work was dedicated to devising strategies to battle the increase of

foreigners who were kidnapped and held for ransom. He designed a work plan that provided

strategies and guidance on how to rescue the victims and arrest the criminals responsible for their

abduction.

These strategies were instrumental in the rescue of a number of foreigners abducted in

October 2000. They were foreign oil workers, including five Americans, who were kidnapped by

guerillas, believed to be a FARC unit, operating along the border with Ecuador. Through Mr.

Santoyo’s leadership, the safe rescue of some of those abducted, including one of the Americans,

was secured.

It is of great significance that the actions and career of Mr. Santoyo, spanning 25 years and

detailed above, all occurred before there is any indication of improprieties (specifically receipt of

bribes) by the defendant. Indeed, the government’s Statement of Facts and the PSR reference no

relevant conduct until October, 2001. After decades of service at enormous risk to himself, the

defendant was earning approximately $4,000 a month.

In May of 2001, terrorism increased in the city of Medellin. Two car bombs exploded, one

in the parking lot of a shopping center, the other next to a park. As result of the bombings, 15 people

died and 90 people were wounded. Kidnapping of judges, lawyers, prosecutors and high-ranking

government officials dramatically escalated. In response, then President Pastrana ordered Mr.

Santoyo to create an elite anti-terrorist group in Medellin. He remained in this position, an obvious

target for assassination or abduction, until January 2002. During his tenure leading this unit, they

had successful results. They arrested and brought to justice the terrorists responsible for the two car

bombs placed in the shopping center and park. Their operation prevented other attacks. The amount

of terrorist attacks in the region dropped dramatically.

In January of 2002, the very life of presidential candidate Alvaro Uribe Velez and his family



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was at risk due to his stated platform to eradicate rebel groups wreaking havoc on the country. The

police directorate transferred Mr. Santoyo to Bogota to be head of security for the candidate.

Candidate Uribe started his political career in his home state of Antioquia. He was the mayor of

Medellin, Antioquia in 1982. Thereafter, he was Colombian Senator between 1986 and 1994, and

Governor of Antioquia between 1995 and 1997. He was intimately familiar with the security

environment in Medellin and the good work Mr. Santoyo was doing there combating terrorism.

Candidate Uribe “hand-picked” Mr. Santoyo to head his security squad.

On April 14, 2002, in the city of Barranquilla, the candidate was a victim of a terrorist attack

when a bomb exploded as his motorcade crossed over a bridge in the city, killing seven people and

wounding more than 20. The attack caused serious hearing damage to Mauricio, who still hears

constant noise in both ears. This is a constant reminder of the danger Mr. Santoyo faced during his

career with the CNP. Mr. Santoyo’s uncle, James Velsco, recalls his nephew’s heroics that day in his

letter to the Court wherein he writes:

“For example, his spirit of service to others has no limits: sufficient to observe, and this impacted my soul, how in the attack that the FARC guerillas, communist terrorist group, made the then candidate Alvaro Uribe in Barranquilla, Colombia in 2002, Mauricio down the car and hurried to protect the candidate putting his life in danger because of these terrorists usually finish off their victims after the attacks.”

In August 7, 2002, Alvaro Uribe Velez was elected president of Colombia. Mr. Santoyo

stayed on as Head of Security. Next to the president of the United States, President Uribe would

become the subject of more death threats than any other leader in the world. It was Mr. Santoyo’s

job to keep the president and his family safe. The task was far from easy. Indeed, on the day of the

president’s inauguration, there was a terrorist attack against Uribe’s residence (Casa Nariño).

Twenty mortars were launched from the top of a building in a neighborhood in downtown Bogota.

President Uribe was rushed to the nearby capital building. Several people were killed and others

were wounded during the attack. Mr. Santoyo was provided with intelligence prior to the attack (he

received a warning from US agents as well as his own informants) and deftly had moved the



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President to a safe location prior to the attack.

Mr. Santoyo continued to serve as Head of Security at the service of President Uribe until

May 2005 when he was administratively suspended due to an investigation into illegal wiretapping.

Although initially demoted, Mr. Santoyo appealed the matter and was ordered reinstated into the

CNP. It should be noted that the “support” that Mr. Santoyo gave to the AUC, as set forth in the

government’s Statement of Facts, involved providing information secured through wiretaps and

actually gathering information through illegal wiretaps. However, it cannot be overstated that by this

time that the AUC had come to be viewed as ally in the war against left wing narco-terrorists and

maintained the unspoken support of the government, the judiciary, law enforcement, the military,

landowners, and businessmen.

Returning to the force, Mr. Santoyo was assigned to work as Undersecretary of Police by the

Ministry of Defense. In January 2007, he began the necessary training and coursework required to

become a general, and was promoted to the rank of Brigadier General in December 2007. Again it

should be noted that while law enforcement is under the control of the Ministry of Defense, it is a

civilian police force and the National Police in Colombia (CNP) is not unlike the several federal law

enforcement agencies of the United States.

In April 2008, he was appointed by President Uribe to be the Police Attaché to the

diplomatic mission in Rome, Italy. Upon his return from Italy in May of 2009, and following a long

and distinguished career, undertaken at enormous personal risk and sacrifice, Mr. Santoyo retired.

In 2010, an economic development group Chihuahua State Economic Development, formed

by entrepreneurs in Mexico, hired Mr. Santoyo to address deteriorating security that impacted

negatively on business. Mauricio developed and presented a strategy and plan to address the chaotic

security situation. As a member of the development group, businessman Jose A. Enriquez explains

in his letter to the Court:

“During 2010 he [Mr. Santoyo Santoyo] assisted us to develop proposals for the new State Governor of Chihuahua in the fields of kidnapping, extortion and auto theft. His philosophy and clear understanding of the problems was always



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delivered with a human perspective from somebody who wants (the) best for mankind.”

During Mr. Santoyo’s 30-year career with the CNP, he received 19 commendations for

distinguished service. In addition, he received numerous commendations from state and local

governments for his leadership skills and success at battling kidnapping and extortion during his

tenure.

From 1999 through 2001 alone, the CNP credits him with 297 successful hostage rescues

involving over millions in ransom requests. Forty-two of those rescues necessitated an armed

confrontation with the kidnappers. In a letter written to Your Honor by Carlos Francisco Arroyave, a

farmer, relates how in 2000 he was abducted and held for ransom. In his letter, he writes:

“The General Santoyo for me and my family has been the person that I have an infinite gratitude for giving a complete turnaround in my life, in the most difficult times in this country, where the victim was most horrible scourge that can suffer any human being on earth….. I was kidnapped on February 11, 2000 by the narco-terrorist organization ELN (National Liberation Army)…. The General Santoyo supported and advised my wife Maria Helena and to calm my children because these criminals threatened to kill me if I did not agree with the intentions of the guerrilla front, thanks to all his help and the work was provided by staff… I still believe in his honesty and my respect to him is the same as is always been, because I remember….who helped my family so we could be together and happy again…. many cases like mine and his great GAULA work as commander allowed us to unite again Colombian families (and) today enjoy the freedom…..”



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Santoyo Toasted by Rescued Farc Kidnap Victim – the Former Governor of Antioquia

Mr. Santoyo was instrumental in preventing any kidnappings from even occurring. In her

letter to the Court, Luz Mary Ariza de Hoyos, Mr. Santoyo’s friend and neighbor relates how he

protected she and her children when she writes:

“As a result of the success of his business, my son, myself, and my other two children became kidnapping targets for the Colombian guerrillas. They began to extort money from my son. In desperation I contacted Coronel (now general) Julio Santoyo; he immediately referred me to his brother, General Mauricio Santoyo-Velasco, Chief of Security for former President Uribe of Colombia. Also without knowing me, General Mauricio Santoyo-Velscao, immediately arranged for the protection of me and my family.”

Under his watch, Mr. Santoyo is also credited for resolving over one thousand incidences of

extortion, resulting in more than 1,500 arrests. He had a distinguished career as an entry-level officer

investigating robberies, murders and other violent crimes and went on to be a respected trainer of

new cadets.

Likewise, he is credited with helping track down some of Colombia’s most wanted criminals



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such as Pablo Escobar and FARC leader Martin Sombra. In November 30, 2007, an informant gave

Mr. Santoyo important information regarding his whereabouts. Also known as “Martin the

Shadow”, he was responsible for managing all of the hostages being held by the FARC. He was

their jailer. In fact, he was intimately involved in the investigation of the kidnapping three American

security contractors kidnapped by the FARC on February 13, 2003, when their plane crashed while

flying over the Colombian jungle on an anti-narcotics mission. Immediately after their crash landing,

pilot American Tommy Janis, and army sergeant Luis Alcides Cruz were murdered. The three

surviving Americans spent over five years in FARC captivity under the direction of Martin Sombra.

They were famously liberated by the Colombian military on July 2, 2008, along with then-

presidential candidate Ingrid Betancourt.

Moreover, Mr. Santoyo is credited with rescuing a 9 year old boy, Dagoberto Ospina, who

was then the leader of a group of children peacemakers in Colombia. He was kidnapped by the

guerillas. Mr. Santoyo’s, cousin, Jaime Quiroga, shares his thoughts regarding the young boy’s

rescue and other good work he did combatting kidnapping ELN and the FARC in his letter to the

Court when he recalls:

“I remember 16 [years]ago when an international band acting in complicity with the ELN guerilla group kidnapped for trafficking of foreigners who came to our country to work in multinational companies, was dismantled. Situation giving rise to the writing of a book called “The Last Mission Werner Mauss” which recounted the heroic deed in which the General Santoyo unravel and disintegrated achieving the operation of these criminal network, and also remember 13 years ago as participated in the liberation and rescue of the little boy 9 years, Dagoberto Ospina, leader of a group of children peacemakers, also kidnapped by the guerillas and the facts recounted here are hundreds of stories had a happy ending when retrieving members various domestic and foreign households were kidnapped and later rescued by him.”

C. Present Status of Wife and Family in the United States

During Mr. Santoyo’s law enforcement career, his family lived in Bogota. He was often

gone for long periods of time on missions and, of course, missed many family events and the

daily joys of his three sons growing up. As his son Sebastian writes in his letter to the Court:

“During my childhood, there very few times that I could spend time with my father,



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because the places where he was working were dangerous and unsafe for me and my family. He always preferred for us to be in a safe place. The times we did spend together, I remember with great intensity. He taught me to be a good student and soccer player, but more importantly, as a child, he and my mother taught me a lot of love to help others, to give a hand to those most in need, to be a good man, useful to society, to be honest and generous, because our actions are watched by God at all times.”

Although his absences were hard on the family, they understood the importance of his work. When

he finally retired, Mr. Santoyo rejoiced in being reunited with his extended family and looked

forward to watching his younger son, Mauricio, who suffers with epilepsy grow and develop.

Unfortunately, Mr. Santoyo’s legal troubles made this a short-lived dream and he painfully knows

that he only has himself to blame.

Mr. Santoyo’s wife, mother, and three children are presently in Bethesda, Maryland, where

they can be as close to him as possible. Except for the youngest boy, Mauricio, who is enrolled in

middle school, everyone is in limbo waiting for the next time they are able to visit their father,

husband, and son, respectively. They know that soon Mr. Santoyo will be transferred to a different

facility and they fear being separated from him for years to come.

Moreover, this has been a radical change for the family. Given Mr. Santoyo’s self-

surrender, and waiver of extradition, which signaled his intention to cooperate with American

authorities, the family now fears for its safety when they return to Colombia. They cannot help but

be anxious as to risk of reprisals upon returning to their country.

As his son Sebastian states in his letter to the Court:

“Before, we lived a normal life without opulence and luxury, but quiet. Now we fear for our safety and that of our father. My house is now a place where seeing tears are normal, where every day we feel sadness and despair.”

His son Juan Felipe had plans to marry which were indefinitely postponed when he

accompanied his father to the United States. Similarly, his brother, Sebastian, has abandoned his

undergraduate studies in Law and left his longtime girlfriend behind.



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Although the youngest son, Mauricio, is in school, his father’s absence has saddened him

deeply. He struggles to understand why they are in this new world and cannot fully comprehend the

trouble confronting his father. Due to stress, he is experiencing an increase in epileptic seizures. He

needs to be watched at all times. Lacking health insurance in the United States, the family is

concerned that he is being deprived of medical care. His mother Elizabeth describes his seizures in

her letter to the court when she states:

“For safety reasons, we have had to leave Colombia. As a result, during the past couple of months the epileptic episodes have increased. I find myself alone in this foreign country, accompanied by my 80 yr. old mother in-law- and three children. Each time an epileptic fit befalls my son, our world collapses even more, and we feel more alone in this generous country which has been kind to offer us shelter and safety, but where we are not even able to access medical insurance for his treatment. Our fears increase and overflow, and our only refuge are our prayers to God.”

Mr. Santoyo’s mother, Hilda, left behind not only her simple and calm life but much of her

extended family. She is deeply saddened by her son’s conduct and its effect on his wife and

children. She prays every day that the Court has mercy on her husband so that, given his familial

circumstances, her son can one day return home to be with his family. She looks back on her sons’

lives and the sacrifices they made dedicating their lives, often at the expense of their families, for the

CNP and Colombia when she relates in her letter to the Court:

“Your Honor, I delivered three sons to serve our country, I remember when I took my son Mauricio to the General Santander School, was a boy of seventeen years who went to the police with joy to serve his country. Years passed and always distinguished for his good work for his dedication to serving the community, and he is a good son, brother, husband, friend, and father. For that I ask your mercy for him.”

The family in Colombia misses them dearly and fears for the family’s safety. In her letter to

the Court, Elizabeth’s niece, Maria Teresa Parra Olarte explains that others have concluded that Mr.

Santoyo’s self-surrender to the United States must be related to his cooperation. She relates that

since the charges against Mauricio were made public, she and other family members are aware that

many of their friends and peers have turned their back on them, undoubtedly fearing reprisals



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themselves. As made clear in the letter of Mr. Santoyo’s sister in law, Rosalbina Benito Diaz, writes

that “(most of) his friends have abandoned him. Only a few friends have supported him and are with

him in this bad time. Now people, who honored him, admired and wanted to be friends… don’t

know him.”

III. OFFENSE CONDUCT

Since the 1940’s, the government of Colombia has been engaged in a longstanding civil

conflict with left wing guerilla insurgents, such as the FARC and the ELN. In the early 1980’s, drug

barons, large land owners, industrialists, and bankers, with the cooperation of the government began

to create private military units to combat these left-wing guerilla forces. By the mid-1990’s, the

largest and most well organized paramilitary group in Colombia was the Rural Self-Defense Group

of Cordoba and Uraba (ACCU).

The escalation of violence between the paramilitaries and the guerillas caused the president to

issue decrees, adopted as permanent legislation in 1991, that criminalized membership in, or support

to, any paramilitary group. By 1994, however, the government modified the law and adopted a new

legal mechanism for funding and supporting paramilitaries, known as Chapter 5 of Decree 356.

Paramilitaries could reorganize and continue operating under Chapter 5, which allowed private

groups to provide for “Special Vigilance and Private Security Services.” These private security

groups, known commonly by their Spanish-language acronym “convivir,” were comprised of

civilians who received permission from the government for a license to provide for their own

security in high-risk areas. Convivirs were permitted to use arms that were otherwise restricted for

military use.

In reality, Convivir units were fronts for the paramilitaries, such as the AUC, from their

inception. These Convivir units worked closely with the military and CNP in an effort to defeat the

left-wing guerilla insurgency. They shared a common goal. By late 1990’s, AUC had the support,

albeit unspoken, of the civilian government, businesses, law owners, the judiciary, multi-national

corporations, and other professionals.



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Throughout his tenure with the CNP, Mr. Santoyo was living in a world where he was

investigating crimes perpetrated by every facet of the criminal element. At the direction of his

superiors, he was in constant contact with informants who were a part of, or who had direct links to,

the paramilitaries operating throughout the country. These informants were themselves dangerous

characters who could not always be trusted. Nevertheless, contact with these informants was one of

the primary ways to investigate kidnapping and extortion cases.

Mr. Santoyo began his career fully intending to protect and serve his country and its people.

Up and until his criminal behavior beginning in November 2001, he was a highly respected officer

admired for his success in battling kidnappers, extortion, and other serious crimes. He was a police

officer who retained his personal and moral integrity.

One can only speculate as to his motivation for accepting bribes from members of the AUC.

His was an incredibly complex situation. Of course, counsel does not deny the financial rewards of

providing information to the AUC. However, by 2001, at the time of the beginnings of his

criminality, there is little doubt that he had come to believe that the left wing insurgents were

destroying his country and that their violence was escalating daily.

Indeed by May of 2001, when Mr. Santoyo was ordered by Colombia’s president to create an

elite anti-terrorist group, terrorism in Medellin had reached an unprecedented level. In the spring of

that year, two car bombs exploded leaving 15 people dead and another 90 persons wounded.

Kidnapping of judges, lawyers, prosecutors, and even high-ranking government officials dramatically

escalated.

Shortly thereafter, Alvaro Uribe Velez was elected president on a platform to eradicate leftist

rebel groups such as the FARC and ELN. Long before his election, the FARC killed President

Uribe’s father in a failed kidnapping attempt. Both President Uribe and Mr. Santoyo believed that

forces aligned with FARC had to be eradicated. The President and his family were the targets of

numerous terrorist attacks and it was the job of Mr. Santoyo to provide presidential security.

Thus, while the accepting of bribes cannot be condoned, we must recognize the incredibly



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complex political and para-political backdrop against which Mr. Santoyo’s crimes were committed.

While he undoubtedly profited financially, although not to a fraction asserted by cooperators as

reflected in the PSR, a greater part of his motivation was grounded in a belief that his country was

being destroyed by leftist terrorist guerillas and that paramilitary organizations such as the AUC were

essential in combating a common enemy. As the saying goes sometimes “the enemy of my enemy is

my friend”. In the mind of Mr. Santoyo, who had dedicated his career to fighting crime, he came to

believe that there was no option but to aid the AUC, whom he saw as necessary in saving the very

fabric of the country he had sworn to protect.

Mr. Santoyo has had difficulty articulating to counsel precisely when and why he crossed the

line into criminality. From what he has said however, it appears that it happened incrementally over

an extended period. He was worn down it seems. By being threatened with death daily, by being

surrounded by abject corruption everywhere he turned particularly on the government he was

protecting, by working in a system that constantly disappointed him. Instead of being lauded for his

work, he was investigated for catching dangerous revolutionaries with illegal wire taps. He was shot

and still bears the scar, nearly lost his hearing in bridge bombing/death attempt on candidate Uribe

(to this day he has partial hearing in both ears and has a constant ringing), spent weeks and months

away from home missing important milestones in the lives of his children. And, he lived in fear

constantly being paid a meager salary while everyone around him got rich. He gave in to financial

inducements - no doubt. But his crossing the line was in many respects the result of environment,

weariness and exposure to decades of trauma. He was honorable, good man. They system finally

corrupted him.

Upon reflection, there is no doubt that accepting bribes and trading law enforcement

information (gathered from wiretaps) for money can never be right. As such, Mr. Santoyo has

demonstrated exceptional acceptance of responsibility for his criminal conduct. When American law

enforcement began its investigation, Mr. Santoyo left the legal protections of his country and met

with agent officially on four occasions, in Aruba and in the United States. Thereafter, when he

learned of the indictment, he self surrendered to agents of the Drug Enforcement Administration and



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voluntarily accompanied them to the United States. He did not contest extradition, which may well

have saved him from any criminal prosecution and certainly would have delayed same for years, if

not decades. Instead, Mr. Santoyo admitted his criminality; co-operated fully and truthfully with law

enforcement both before and after criminal charges were lodged; and stands willing to accept his

punishment. Through his actions, he has demonstrated extraordinary acceptance of responsibility.

IV. APPLICATION OF STATUTORY SETENCING FACTORS

A. Nature and Circumstances of the offense and history and characteristics of

the offender.

As stated above, Mauricio Santoyo stands before this Honorable Court after having served his

country over 25 years without the hint of impropriety or criminality. He is a man who risked his life

and that of his family every day that he put on the uniform of a police officer. He is responsible for

the safe return of hundreds kidnap victims in Colombia. He himself was shot during one of the many

successful rescues and suffered serious hearing damage as a result of an assassination attempt on

then President Uribe. He is deeply humbled and ashamed of his actions (which can be summarized

as receiving money to provide information about, and from, wiretaps to the AUC) and sought to

escape the enormous pressures to provide information to criminal elements by retiring from the

police force. He co-operated with authorities even during the investigation phase. Thereafter, he

voluntarily surrendered to agents of the Drug Enforcement Agency in Colombia, waived extradition,

agreed to detention and continued to cooperate with authorities at grave risk to both him and family

members still residing in Colombia. He is deeply patriotic and deeply religious. For over 25 years

he served law enforcement with distinction and bravery until he succumbed to a combination of

financial inducements and a misguided belief that a criminal organization such as the AUC was

necessary to stabilize and protect his county. He is totally prepared to accept responsibility for his

actions. However, given the unique nature of the facts herein, the exemplary background of Mr.

Santoyo, and his immediate surrender and cooperation, we respectfully request that the Court impose

a sentence of ten years of imprisonment. We note that even with such a sentence, Mr. Santoyo will



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be in his mid-sixties by the time of his release and the years of imprisonment will be filled with

loneliness, separation from his family, and possible physical risk to himself.

B. Affording adequate deterrence to criminal conduct.

For the reasons discussed in this pre-sentence memorandum, a sentence of ten years is more

than adequate to deter similar criminal conduct. We note that many of Mr. Santoyo’s bad acts were

grounded in large part in good, but misguided, intentions. His cooperation with American authorities

even before his investigation was complete and his voluntary submission to prosecution, when he

could have sought to legally contest extradition for years, sends a strong message as to the

punishment this country will impose upon even the most contrite and co-operative defendant.

C. Protecting the public from further crimes of the defendant

Even before the investigation and indictment leading to his arrest, Mr. Santoyo had retired

from the police force. Upon learning of the indictment, Mr. Santoyo surrendered to agents of the

Drug Enforcement Administration in Colombia and immediately waived extradition. From the time

of his surrender, he has provided complete and truthful information regarding all criminal conduct

known to him. Clearly, the retirement, surrender and cooperation, both before and after indictment,

coupled with an unblemished record of 25 years in law enforcement fully demonstrate that Mr.

Santoyo Velasco poses no threat of any future crimes. It is also doubtful that he will ever be able to

safely return to Columbia.

D. Providing the defendant with needed educational or vocational training,

medical care, or other correctional treatment

Mr. Santoyo is an educated man with significant experience in law enforcement and holds a

college degree in business administration. Thus, this factor is inapplicable. However, importantly,

we note, given his career in law enforcement and his cooperation in this matter, he may be at grave

risk in our federal prison system. Indeed, significantly, as Your Honor is well aware, the U.S. Bureau

of Prisons is full of Columbian smugglers, kidnappers, revolutionaries, and drug lords. Some of these

criminals still maintain lethal networks of cohorts who if given the opportunity would surly exact

revenge on a law enforcement professional of Mr. Santoyo’s caliber and reputation. Many



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Columbian of these prisoners – some very violent ones – are incarcerated in the U.S. as a result of

his efforts.

E. The kinds of sentences available.

The government and Mr. Santoyo have entered into a plea agreement governed by Rule 11

(c)(1)(C). As such, the only sentence available is a sentence within the range of ten to fifteen years.

As indicated herein, given in part due to Mr. Santoyo’s extraordinary acceptance of responsibility,

including self-surrender, waiver of extradition, and full cooperation with the government, the

defense requests a term of 10 years imprisonment. We also respectfully request that the Court

recommend that Mr. Santoyo be confined at FCI Coleman (low security).

F. The advisory Sentencing Guidelines range.

The plea herein is pursuant to Rule 11 (c)(1)(C). The Sentencing Guideline range exceeds

both the terms of the agreement and the statutory maximum. However, as stated above, the defense

requests that the PSR be amended to grant a three level reduction for acceptance of responsibility as

contemplated both by the Plea Agreement and the actions of the defendant including, cooperation

with the government, self surrender, waiver of extradition, and the entry of a timely plea of guilty.

Additionally, as a procedural matter and acknowledging that the 11 (c) (1) (C) plea requires a

sentence below the applicable guideline range, for the record, the defendant nonetheless objects to

both a 12 level enhancement and an adjudication of a criminal history category of VI in that his

actions are outside the heartland and the intention of Congress to punish “crimes of terrorism” and

requests a variance for that reason. (PSR, Par. 35)

G. The need to avoid unwarranted sentencing disparities among similarly

situated defendants.

There are no codefendants or cases related to this offense. The investigation remains

ongoing. However, given Mr. Santoyo’s extraordinary acts of acceptance of responsibility (self

surrender, waiver of extradition, and full cooperation with law enforcement), any potential

“disparity” would likely be the result of lesser sentences for defendants similarly situated.

H. The need to provide restitution to any victims of the offense.



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As stated in paragraph 33 of the PSI, there are no restitution issues for the Court to address

in this case. Moreover, the defendant, by the terms of his Plea Agreement has agreed to forfeiture of

all property derived from criminal activity.

V. CONCLUSION

Mr. Santoyo has dedicated his entire life to protecting his country and its citizens. Often he

did so at serious risk to himself. We respectfully request that this Honorable Court impose the

minimum sentence of ten years. One need only examine the photographs attached herein that give

testament to the lives that Mr. Santoyo literally saved. We conclude by referencing the words of

United States District Judge Jed Rakoff of the Southern District of New York:

But surely, if ever a man is to receive credit for the good he has

done, and his immediate misconduct assessed in the context of his

overall life hitherto, it should be at the moment of his sentence,

when his very future hangs in the balance. This elementary

principle of weighing the good with the bad, which is basic to all of

the great religions, moral philosophies, and systems of justice, was

plainly what Congress had in mind when it directed courts to

consider, as a necessary sentencing factor, the “history and

characteristics of the defendant.” United States v. Adelson, 441 S.

Supp. 2d 506, 513-514.

Respectfully submitted, /s/ John Kenneth Zwerling

John Kenneth Zwerling, Va. Bar No. 08201 ZWERLING, MOSELEY & SEARS, P.C.

114 North Alfred Street Alexandria, Virginia 22314 Ph: 703-684-8000 Fax: 703-684-9700 [email protected]



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CERTIFICATE OF SERVICE

I hereby certify that on the 7th day of December, 2012, I have electronically filed the

foregoing Notice of Appearance with the Clerk of Court using the CM/ECF system which will

send a notification of such filing (NEF) to all counsel of record.

/s/ John Kenneth Zwerling

John Kenneth Zwerling, Va. Bar No. 08201 ZWERLING, MOSELEY & SEARS, P.C.

114 North Alfred Street Alexandria, Virginia 22314 Ph: 703-684-8000 Fax: 703-684-9700 [email protected]


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Abogado s Santo Yo

Documents

alvaro uribe

drug enforcement

applicable

criminal history

drug enforcement

colombian

mauricio santoyo

served law