Friday, February 28, 2014

If I get pulled over for a headlight being out, and am asked if I have been drinking what do I do?

Question:


If I get pulled over for a headlight being out, and am asked if I have been drinking what do I do?


                                                                 
 
Let's say I've been pulled over for my headlight being out. Let's also say I've been been drinking a bit. If the officer asks for my info, and I give it to him, he doesn't smell alcohol on my breath, but merely asks if I've been drinking.. if I say 'I choose to remain silent' or 'I would prefer to speak to my lawyer before answering any questions' does that give him probably cause to arrest me? Or if I refuse the sobriety tests and blood test, does that also give him a right to arrest me? 
and if he asks if I've been drinking, and I say 'I prefer to speak to my lawyer before answering any questions' what happens from there? do I have to call my lawyer? or does he arrest me? how do I get a hold of a lawyer at 2 am or whatever?

ANSWER:
When you get pulled over have your insurance located in an area that is easy to get to. Give the officer your insurance and your drivers license. When he starts asking his questions simply tell him you aren't answering any questions with out your attorney being present. 

It drives the officers crazy because it limits their ability to obtain evidence to use against you. 

Once you have admitted to consuming alcohol everything starts to go downhill from there and you will be requested to perform field sobriety tests. 

If you think your speech is slurred be very carful. 

In the situation you described you may just be given a citation and sent on your way home. 

Be smart and know your rights. 

Taking a cab is a lot cheaper than hiring me. Be safe and don't put yourself or anyone else in harms way. 

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Can my son request to see the motion of discovery before he takes a plea bargain?

Question:

Can my son request to see the motion of discovery before he takes a plea bargain?

                                                                   

My son seen his lawyer and was offered 2 yrs . jail time saying they have pictures but my son hasn't seen them. Can he request to see the pictures and who reported the incidence legally.My sons PO didn't recommend for probation but he got it anyway . His po hung her head down and told him she would get him. His court was the 19th of June and she called him in on the 27th and arrested him because someone saw him and took pictures of him coming out of a grocery store with beer. They are making such of a big thing out of something so little. He is disable because of a (mental disorder)he is bipolar and doesn't understand a lot and I can not be there to help this time because he is in jail. I've tried to call his lawyer but he will not return my phone calls.

ANSWER:

Your son has a right to review all the discovery with his attorney. Some counties have open discovery policies and some have closed. 
If it's closed the your son can actually be transported to the court or to the district attorney's office to review the discovery at their designated location. 

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Is it possible to get a Public Intoxication while sitting in the passenger seat of a motor vehicle?

Question:

Is it possible to get a Public Intoxication while sitting in the passenger seat of a motor vehicle?

My friend was pulled over and arrested for a DWI. I was in the passenger seat not causing any trouble. The sheriff then issued me a ticket for public intoxication and then arrested me and took me to jail. I was told that I could not call anyone to just come pick me up and that I had to go to jail. What are my options?

                                                                 

This happens all the time in Texas. But you can fight the case.

In Texas they must prove you were in public and that you were a danger to yourself or others. 

Officers often get frustrated or don't want to wait on someone to come and pick up passengers so they just arrest everyone. 

Fight the case and get it off your record.

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Pre- indictment discovery?

Question:

Pre- indictment discovery?


Can I pressure the DA to provide discovery (police reports, etc) prior to being formally charged?

                                        

No discovery prior to indictment or and information being filed in for a misdemeanor case. 

If you're really eager to get the case moving along file and examining trial. It's a probable case hearing where you get to question the officers regarding the truthfulness of the accusation. Most lawyers consider it a motion for an early indictment because if your case is indicted you lose the right to have an examining trial. But, every now and then you get luck and file one
when the grand jury in between sessions. 


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Discuss the case with you attorney and follow their advice. 

What is a job of a public defender?

Question:

What is a job of a public defender?

Honestly what are they for because they don't care about the person they represent. Often people who have no choice but to have a public defender represent them, always get the worse deals. So what are the defending?

                                                                     


Their job is to zealously represent their clients to the best of their ability. Some do and some don't. This is due to being either burned out or having a case load that is too large to manage.
I stopped taking court appointed cases years ago.  But, I enjoyed the cases and obtained a lot of not guilty verdicts form my clients.

Unfortunately, it's a roll of the dice.  Either you're going to get a good one that care or your going to get a plea machine.


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Kerry Kennedy found not guilty of DWI while on Ambien


                                                                        

Kerry Kennedy found not guilty of DWI on Ambien.

Kerry Kennedy admitted that she put lives in danger when she got behind the wheel of her Lexus SUV while severely impaired from use of a sleeping pill.  Law enforcement has acknowledged that Kennedy’s sleeping drug ingestion was accidental.  Still, her Driving While Ability Impaired case went through 20 months of investigation and legal pleadings, causing Kennedy’s attorneys to question the need for it all, and leaving prosecutors defending their decision to take Kennedy’s case to court.
She showed up at Westchester County Criminal Court Friday morning to a situation that had left some people in the courtroom gallery wondering the night before if the jury might rule against Kennedy.
At the end of the court day on Thursday, the jury asked the judge to have testimony from Kennedy’s key witness, Dr. David Benjamin, read back to them.  Benjamin is a pharmacology expert who’d said on the stand that it is not unusual for someone to lose all memory of an episode when they’re awake while on Ambien.  Jurors had specifically wanted to hear statements made in court that pointed out that Benjamin may have contradicted himself on this issue in past legal cases.


In the case of Kerry Kennedy, who is the president of the foundation named after her father, slain presidential candidate Sen. Robert F. Kennedy, she had left her bottle of a generic version of Ambien next to a bottle of her daily Thyroid medication on the morning of July 13, 2012.  She mistakenly took the generic Ambien, called Zolpidem, then drove her Lexus SUV on I-684, where she had a sideswipe crash with a tractor trailer before driving onto a side road and stalling out.
Kerry has maintained ever since that she had no knowledge or memory of any of what happened from just before she got on the interstate until a police officer encountered her after her vehicle stalled out.  Prosecutors, however, argued that Kennedy was aware of her impairment as it was happening and should be convicted for not doing anything about it.

In court on Friday, though, the four men and two women on the jury sided with Kennedy’s version of events.  After a total of 50 minutes of deliberation, they declared her not guilty.
Kennedy, 54, walked out of court arm in arm with her mother, Ethel Kennedy, who was in turn arm in arm with Cara Kennedy Cuomo, one of the three daughters  Kerry Kennedy has with New York governor Andrew Cuomo, from whom Kennedy is divorced.
“I want to say thank you to the jury for returning this verdict,” Kennedy said in front of the courthouse after learning her fate.  “I want to really thank my extraordinary lawyers.”
One of those lawyers, Gerald Lefcourt, spoke next.  ”You’ve got to wonder why an ill advised prosecution like this was brought,” he said to the dozens of reporters and photographers outside of the courthouse.  ”Was it because of who the defendant is?  [Prosecutors] concede that this was an accident, and nevertheless, they pursued this case.”
Kennedy herself responded to questions about the fact that she needed to have two of the country’s top lawyers, Lefcourt and William Aronwald, to navigate her case through the legal system.
“We need to take a hard look at the criminal justice system in the United States,” Kennedy said, “to make sure that it really is just and that everyone in our country has true access to justice.”
She acknowledged that she has the money and power to have top flight legal representation.
For their part, prosecutors would only release a written statement:
We prosecute 2,500 impaired driving cases annually in Westchester County.  This case was treated no differently from any of the others.  The jury heard all the evidence in this case and we respect their verdict.
So does the Kennedy Family, obviously.  PIX11 asked them what their plans are now that Kerry Kennedy has avoided a conviction which could have resulted in up to a year in jail and the revocation of her driving privileges.
Ethel Kennedy, 85, matriarch of the Robert F. Kennedy clan, provided the answer in one word.  ”Celebrate,” she said.
Kennedy’s lawyer, Gerald Lefcourt, also said that his client’s trial has resulted in his office receiving more than 200 calls from people who “ingested [Ambien] and had similar consequences.  Everybody knows that this is a problem,” he said, “and this drug is a problem.”
Before there was an opportunity to ask if his office might pursue a separate case against Sanofi, the manufacturer of Ambien, Kerry Kennedy called an end to the makeshift press conference, and she and her family headed to their cars, presumably on their way to the celebration that Ethel Kennedy had mentioned.

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Oklahoma Man Dies In Police Custody; Moore Cops Put On Administrative Leave


                                                                          

Man dies in Police Custody of Brutality. 

Oklahoma detectives are investigating the death of Norman resident Luis Rodriguez, who died after being handcuffed by police officers responding to a domestic disturbance at a movie theater Friday.
Before cops arrived on the scene at the Warren Theater in Moore, Okla., a fight broke out between Rodriguez’s wife, Nair Rodriguez, and his daughter, Lunahi Rodriguez, NewsOK reported. Luis intervened and tried to break up the dispute. His wife fled and Luis allegedly then fought with officers, who put him in handcuffs.
Lunahi Rodriguez claimed her father didn’t resist but was nevertheless repeatedly hit by the officers. She told News9 that the cops beat her father to death in the parking lot of the theater.
"When they flipped him over, you could see all the blood on his face. It was, he was disfigured; you couldn't recognize him,” she told the Oklahoma television station. She added to NewsOK, “They jumped on him like he was some kind of killer or drug dealer and beat him up. He never fought the officers. They beat him on the head and that's how he lost his breath.”
Nair Rodriguez said her husband was only trying to break up the fight between her and her daughter. She said she slapped her daughter in the face when her husband intervened. She said she knew her husband was dead when she saw his body.
"I saw him. His [motionless] body when people carry it to the stretcher," she said. "I knew that he was dead."
Three police officers were placed on administrative leave while detectives investigate Rodriguez’s death. Moore Police Department spokesman Jeremy Lewis told NewsOK that Rodriguez stopped breathing as the officers were restraining him. An ambulance was at the movie theater, but paramedics weren’t able to revive Rodriguez.
Lunahi Rodriguez said her mother videotaped the incident on her cell phone, but police confiscated the device. News9 was able to obtain an audio recording of the confrontation.
"My mom was taking a video and asking, ‘What are they doing this for? Why?' And they didn't give really an explanation,” she said.
Mother and daughter were taken to the hospital and were told they could see him, indicating that he was alive. But Lunahi Rodriguez said that turned out not to be the case.
"Two hours passed. They finally called [Nair Rodriguez] up to say, 'Oh you could see him,' but it turned out it was a lie. They moved his body elsewhere," Lunahi Rodriguez said.

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Cop Killed His Wife and Himself in the Cedars, Dallas Police Say

                                                                         

Police Killing their own. Horrible.

At midday on Wednesday, Dallas police and firefighters broke down the front door of a small townhome in the 1800 block of Browder Street in the Cedars to perform a welfare check. Inside, they found the bodies of Nick and Vanessa Pitofsky, both dead of gunshot wounds.
Police are describing the slayings as a murder-suicide. Pitofsky, a 47-year-old Crandall police officer, allegedly shot his wife of three years, then turned the gun on himself.
Police haven't specified a motive, though Fox 4's Natalie Solis says friends of Vanessa Pitofsky described her husband as "very jealous," though what sparked the jealousy, and if that's what prompted Pitofsky to allegedly pull the trigger, is unclear.
The Dallas Morning News spoke with neighbors of the Pitofskys, who were surprised by the murder-suicide, but not overly so. Vanessa, 42, was social and active in the neighborhood. Nick the paper describes as "very focused and intense."
Crandall PD issued a statement describing Pitofsky as an "energetic and jovial person who got along with everyone" and was "well-respected by his peers."
Inevitably a couple of outlets, including the U.K.'s Daily Mail, searched out the YouTube video Pitofsky posted a few days earlier reviewing his new Mossberg 500 shotgun.
In retrospect, his endorsement sounds rather ominous: "I purchased this as a self-defense weapon for my household, essentially for my wife."

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NFL star Darren Sharper, facing fresh rape charges, turns himself in

                                        



NFL star Darren Sharper, wanted in New Orleans in connection with the alleged rapes of two women, has turned himself in to Los Angeles authorities.
A source told CNN that Sharper made arrangements to surrender to Los Angeles police and did so without incident Thursday evening.
Los Angeles police confirmed the arrest, but did not provide details.
Earlier Thursday, the Orleans Parish district attorney's office said Sharper, 38, and Erik Nunez, 26, each face two counts of aggravated rape.
If convicted, the two men face a possible sentence of life in prison without parole.
The New Orleans charges are in addition to charges Sharper already faces in California.
Last week, he pleaded not guilty to the California charges, which included two counts of rape by use of drugs.
CNN reached out to an attorney for Sharper and to Nunez, but neither immediately returned messages seeking comment.
Prosecutors in Louisiana said the two alleged rapes occurred on September 23 in a New Orleans apartment.
The alleged rapes in California occurred in October and last month, authorities said.
Prosecutors there said the five-time Pro Bowl player, who became an NFL Network analyst, is also under investigation in Arizona and Nevada.
Police in Tempe, Arizona, say they expect to file charges against Sharper soon.
"We have nothing yet. We anticipate filing charges very shortly and we are still waiting on a couple of results from the crime lab," said Sgt. Mike Pooley.
In addition, a Florida woman last month filed a sexual battery complaint in Miami Beach against Sharper relating to a 2012 incident, a police report said.
According to the report, the woman was with two friends at a Miami Beach club in September or October 2012 when she met Sharper. The woman, her friends and another person went to Sharper's condo, where the woman claims the battery took place.
Miami Beach police are investigating the case, Miami Beach Detective Vivian Hernandez said last week.
One of Sharper's lawyers disputed all the rape allegations last week at his hearing.
"It was all consensual contact with women who wanted to be in his company," Leonard Levine said.
Sharper played for the Green Bay Packers, Minnesota Vikings and New Orleans Saints from 1997 through the 2010 season.

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Dead Mississippi man begins breathing in embalming room, coroner says

                                         


Maybe a Coroner needs a 
second opinion before 
pronouncing someone dead?

Even in the Bible Belt, coroners don't use the word "miracle" lightly.
But Holmes County, Mississippi, Coroner Dexter Howard has no qualms using the word for the resurrection, as it were, of Walter Williams, who was declared dead Wednesday night.
Howard received the call from Williams' hospice nurse, who told Howard that the 87-year-old had passed away. A family member called as well, saying the same, Howard said.
Howard and Byron Porter from Porter & Sons Funeral Home in Lexington, Mississippi, drove to Williams' home to collect the body for funeral preparations. Howard checked Williams' pulse about 9 p.m. and pronounced him dead.
"There was no pulse. He was lifeless," Howard said.
The coroner completed his paperwork, placed Williams in a body bag and transported him to the funeral home, he said. There, something strange happened: The body bag moved.
"We got him into the embalming room and we noticed his legs beginning to move, like kicking," Howard said. "He also began to do a little breathing."
They immediately called an ambulance. Paramedics arrived and hooked Williams up to monitors. Sure enough, he had a heartbeat, so they transported him to the Holmes County Hospital and Clinics.
"They were in shock. I was in shock. I think everybody at the hospital was in shock," Howard said.
Neither in the 12 years as county coroner nor during his decade as deputy coroner has Howard seen anything like it. Howard was absolutely certain Williams was dead.
The only reasonable explanation he could think of, Howard said, is that Williams' defibrillator, implanted beneath the skin on his chest, jump-started his heart after he was placed in the body bag.
"It could've kicked in, started his heart back," Howard said. "The bottom line is it's a miracle."
Overjoyed family members are thanking God for saving the life of the longtime farmer they call "Snowball."
"So it was not my daddy's time," daughter Martha Lewis told affiliate. "I don't know how much longer he's going to grace us and bless us with his presence, but hallelujah, we thank Him right now!"
Nephew Eddie Hester affiliate he was at Williams' Lexington home when Howard and Porter zipped up the body bag, so he was more than a little stunned when his cousin called at 2:30 a.m. Thursday and told him, "Not yet."
"What you mean not yet?" Hester recalled asking his cousin. "He said, 'Daddy's still here.' "
"I don't know how long he's going to be here, but I know he's back right now. That's all that matters,".
Howard visited Williams on Thursday at the hospital and said he was still "a little weak" but was surrounded by family members and talking.
Mike Murphy, the coroner for Clark County, Nevada, and past president of the International Association of Coroners and Medical Examiners, said he couldn't comment on this specific case without knowing all the details, but he's read news reports of people returning to life at funeral homes "from time to time."
Asked if he'd ever heard of a case in which a defibrillator played a role in bringing someone back to life, Murphy said he hadn't, "but just because I haven't heard it doesn't mean it hasn't happened."


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Thursday, February 27, 2014

EL Chapo Guzman arrested. Mexican Cartel dismantled.

                                             

                                                               

To have a crack at an international kingpin, undercover officers from Boston and New Hampshire went from the mountains of northern Mexico through the Caribbean to Spain, where they discovered operatives of the powerful Sinaloa cartel setting up new routes and new markets.
When it finally ended last year, Operation Dark Water, as the investigation was known, was heralded as a milestone in the fight against the global drug trade. Police officers seized 750 pounds of cocaine and caught four cartel members, including a first cousin to its infamous kingpin, Joaquín (El Chapo) Guzmán Loera.
But for the Sinaloa cartel, a criminal multinational corporation handling billions of dollars, the arrests proved only a minor setback, authorities acknowledged. The cartel has established channels of cooperation with so many European criminal groups, including Sicily’s Cosa Nostra and street gangs in Budapest, that business there continues to boom.





On Saturday, Mexican and American authorities struck even deeper, capturing Mr. Guzmán in a predawn raid on a seaside condominium in the Mexican city of Mazatlán. Governments around the world are hailing the capture as a landmark in the fight against organized crime. Yet many authorities agree that the arrest will probably not bring an end to the cartel’s activities, much less make a lasting dent in the availability of illegal drugs.
Operation Dark Water and other investigations against the Sinaloa cartel shed light on why. Simply put, said numerous law enforcement officials and scholars, whether Mr. Guzmán intended it or not, the cartel has transcended the man. It has learned better than any of its competitors how to produce and move drugs, how to establish new markets for them — and how to outsource business to partners worldwide.
“Sinaloa has managed to expand in such a way that the business can run itself,” said Samuel Logan, an expert on transnational crime at Southern Pulse, an investment and risk assessment firm. “The entire Mexican state could fall, and the drug trade will continue, as long as there is a demand.”
Comparing the cartel to McDonald’s, Mr. Logan said, “If the C.E.O. of McDonald’s was arrested today, you could still buy a hamburger in Tokyo tomorrow.”
Of course, Mr. Guzmán’s arrest could weaken the cartel on many fronts, leaving it open to challenges from rivals, division from within or additional prosecution if he cooperates.
But the cartel’s activities, like those of many international businesses, are diversified. It quickly learned to shift the focus of its production between cocaine, heroin, methamphetamines and marijuana, depending on price and demand, the authorities say. Once it achieved vertical integration, the cartel franchised its business to subcontractors across the globe: Italian mafias, Central American gangs, Canadian Hells Angels, Chinese traffickers and corrupt African governments. It then protected its profits and assets by lavishing its allies with patronage and bribes, and by showing no mercy to traitors and rivals.
“What Chapo was able to do was expand by sending representatives to a lot of different areas, settle in, learn the area, identify individuals and government officials he could bribe, if necessary, and build a solid base so that he could funnel drugs into the area and get cash out,” said Mike Vigil, a former top official with the Drug Enforcement Administration who worked for several years in Mexico.
Signs of that expertise have appeared around the world, where no market seems either too small or too tough for the cartel to penetrate. A raid in the Philippines on Christmas uncovered what the authorities described as an unholy alliance among Sinaloa operatives, Chinese traffickers and local gangs to sell methamphetamines across the country. Federal prosecutors in New York brought down a major French Canadian trafficker who helped establish an elaborate web tying together the Sinaloa cartel, Vancouver gangs and the Rizutto and Bonanno crime families. And in Hong Kong, the authorities have charged the cartel with trading cocaine with local gangs in return for precursor chemicals used to make methamphetamines.
Those kinds of profitable associations do not simply dry up when one man is taken out of the picture — especially when that man has been dodging the authorities and living in a remote hideaway that often kept him from close involvement with the day-to-day business, analysts say.
Still, Mr. Guzmán’s arrest poses clear challenges for the cartel. If Mr. Guzmán gives information to prosecutors, his organization could suddenly become vulnerable. Even if he does not — he did not during a previous time in prison, Mr. Vigil said — the cartel may have to fend off a scramble by partners and rivals alike for the assets he controlled directly.
One senior D.E.A. official said that Mr. Guzmán was very plugged into the expansion of new routes, the establishment of partnerships and the flows of money coming back to Mexico. Though Mr. Guzmán spent most of his time hunkered down in the mountains where he was raised, he owned jets and traveled extensively to oversee new ventures and meet new partners, the official said.
“He kept his fingers on the pulse of where his money was,” said the senior D.E.A. official, who was not authorized to speak publicly. “He kept close track of what he owned. And as for who was sticking their fingers into the pot of money as it was coming back to him? Chapo was all over that.”
The official added, “With Chapo gone, the assets that were under his direct control might be lost, too. But the drug business is liquid. The cartel will be able to make up any losses in a short period of time.”
The cartel’s tougher challenges, others contend, may be hierarchical. Most expect that the cartel’s second most powerful leader, Ismael (El Mayo) Zambada, will seek to take the reins of the sprawling operation by fending off internal power grabs by the dozen or so senior lieutenants, particularly those who feel a stronger sense of loyalty to Mr. Guzmán than to Mr. Zambada.
If Mr. Zambada holds the organization together, analysts say, the era of large cartels will be extended for a little while longer. It is more likely, they argue, that the aging Mr. Zambada will eventually retire or fail, and that the cartel will break into smaller groups that may be even more violent and competitive than their hegemonic predecessor.
“A lot of these guys suffer fragile male ego syndrome,” the senior D.E.A. official said. “They go to war with each other all the time. And if Mayo is unable to keep the peace among the different factions, the war could get worse.”
Unlike its rivals among the Zetas or the Gulf cartel, whose reach was extended almost entirely by brute force, the Sinaloa cartel more frequently operates on the thinking that too much violence is bad for business, analysts say.
Rather than moving into an area and trying to displace local groups, Sinaloa turns them into partners, using their expertise on such subjects as physical terrain and local politics, said Steven Dudley, an analyst forInSight Crime, a research group.
“These kinds of partnerships give them a staying power and an ability to penetrate areas in ways that other cartels have not,” Mr. Dudley said. “It gives them multiple options for moving all kinds of items across borders, whether it’s drugs going north, or weapons going south.”
Guillermo Valdés Castellanos, the former head of Mexico’s domestic intelligence agency, said that the cartel established partners on the streets of Los Angeles and Chicago, and in places much farther afield, like Australia, where the long coastline provides access, and the price of cocaine can be much higher than in the United States.
“If the American market is declining and you can’t completely enter Europe, the logical thing is to open markets in Asia and Australia,” Mr. Valdés said. “And he is very logical about markets,” he added of Mr. Guzmán.
Beyond the charges in Mexico, Mr. Guzmán has been charged by federal authorities in more than half a dozen American jurisdictions, including Chicago, Miami, Brooklyn and Manhattan, where an indictment was unsealed against him on Tuesday.
Many D.E.A. officials say that what set Mr. Guzmán apart — especially compared with Pablo Escobar of the Medellín cartel — was his willingness to be discreet and patient. The cartel has been known to evade customs officials by secretly shipping ephedrine, the key ingredient for strong methamphetamine, from India or China to intermediary ports like Long Beach, Calif. The cartel allows the chemicals to sit on the docks for weeks or months before loading them onto a second shipment headed for Mexico, making the cargo look like it originated in the United States so that inspectors are less likely to check it.
Mexican authorities intercepted nearly 3.5 tons of ephedrine hidden that way in 612 fire extinguishers that showed up on Mexico’s Pacific coast a few years ago.
“It’s done on a very professional level,” said another D.E.A. official. “Mayo and Chapo did everything they could to make the Sinaloa cartel blend into the business community. They ran it just like a global corporation.”


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