Twenty-Six MS-13 Gang Members Indicted in Federal Court

UPDATE: All MS-13 fugitives charged in the indictment have been captured.

A federal grand jury charged 26 members of the violent gang known as MS-13 with federal racketeering and related crimes occurring in the United States and El Salvador, Attorney General Michael B. Mukasey, U.S. Attorney Gretchen C. F. Shappert for the Western District of North Carolina and Assistant Director Kenneth W. Kaiser of the FBI’s Criminal Investigative Division announced today.

The 86-page, 55-count indictment returned yesterday alleges that the defendants conspired to participate in a racketeering enterprise, called La Mara Salvatrucha, or MS-13, in the United States and El Salvador.

The indictment alleges that from 2003 to June 2008, the defendants conspired to operate as a gang; committed four murders; formed a drug trafficking conspiracy involving cocaine and marijuana; distributed narcotics; committed multiple robberies; illegally possessed firearms, including in connection with crimes of violence and narcotics offenses; committed acts of extortion and threats of violence; assaulted others, often with deadly weapons; and intimidated witnesses and obstructed justice.

“Criminal gangs such as MS-13 increasingly recognize no borders, which means that international cooperation is more important today than it ever was before,” said Attorney General Mukasey. “This case highlights the importance of, and the successes that flow from, such cooperation in the disruption and dismantling of violent international criminal organizations.”

“Gang-related violence and drug trafficking will not be tolerated. The determined efforts of federal, state and local law enforcement to root out gang activity is a top priority,” said U.S. Attorney Shappert. “Together, we will bring to justice those who disregard our laws and threaten our communities. Today's announcement is not the conclusion. It is just the beginning.”

As alleged in the indictment, the four murders committed by MS-13 members occurred in Greensboro, N.C., and Charlotte. Those involved in the murders received assistance from other MS-13 members in avoiding detection from law enforcement. In addition, MS-13 members discussed plans to murder an individual who they believed was cooperating with law enforcement.

As further alleged in the indictment, MS-13 members were required to commit acts of violence to maintain membership and discipline within the gang, including violence against rival gangs. Participation in criminal activity by an MS-13 member, particularly violent acts directed at rival gangs or as directed by the gang leadership, increased the level of respect accorded that member, resulting in that member maintaining or increasing his position in the gang and possibly resulting in a promotion to a leadership position.

“MS-13 and gangs like it use brutal violence and intimidation to control neighborhoods and further their illegal money-making activities,” said Assistant Director Kenneth W. Kaiser, FBI Criminal Investigative Division. “This indictment sends a resounding message that the MS-13 National Gang Task Force, the Transnational Anti-Gang Initiative, and other efforts of the FBI and our partners in the U.S. and overseas are proving to be effective tools in combating gang violence. Standing together, we are more formidable than any adversary.”

Many of the defendants are unlawfully present in the United States. Fernandez-Gradis and Guajardo-Garcia have also been charged with returning to the United States unlawfully after having been deported. If convicted, the defendants charged in the RICO conspiracy count face a maximum of 20 years in prison. Thirteen of the 26 defendants face enhanced penalties of up to life in prison as a result of their alleged participation in acts involving murder and drug trafficking that furthered the RICO conspiracy.

The Hobbs Act robbery count, attempted robbery count and extortion conspiracy count each carry a maximum penalty of 20 years in prison. Defendants convicted of tampering with a witness also face a maximum of 20 years in prison. The obstruction of justice charge carries a maximum 10 year prison sentence. Those charged with conspiracy to obstruct justice and tampering with witnesses face a maximum of five years in prison as do those charged with possession of a firearm in connection with a crime of violence.

Defendants charged as aliens or felons in possession of a firearm or possession of a firearm and ammunition face a maximum prison sentence of 10 years on each count. The charged counts of cocaine distribution and possession with intent to distribute each carry a maximum prison sentence of 20 years. The charge of conspiracy to distribute and possession with intent to distribute cocaine in excess of five kilograms and marijuana carries a penalty of 10 years to life in prison. The charge of being an accessory to assault with a deadly weapon in aid of racketeering carries a maximum 10 year prison sentence.

Those defendants charged with assault with a deadly or dangerous weapon face a maximum sentence of 20 years in prison and those charged with firearms offenses related to drug trafficking face a maximum prison sentence of five years in prison. Defendants convicted of illegal use of a communications facility face a maximum sentence of four years in prison. The defendants charged with illegally entering the United States after being deported face a maximum prison sentence of two years.

The case is being prosecuted by Assistant U.S. Attorneys Kevin Zolot, Jill Rose and Adam Morris from the U.S. Attorney’s Office for the Western District of North Carolina and Trial Attorney Sam Nazzaro from the Criminal Division’s Gang Squad Unit.

VIEW: Bill of Indictment & 26 defendants named in the indictment