Colombian Military Intelligence Official Sentenced for Role in International Drug Trafficking Conspiracy

ALEXANDRIA, Va. – A former Colombian military intelligence official was sentenced today to 12 years in prison for his participation in a conspiracy to distribute cocaine for importation into the United States. This defendant was the fifth to be sentenced in a multi-year investigation that lead to three indictments charging officials in the Colombian Army, Air Force, and National Police.

According to court documents, from August 2017 through April 2018, Fabian Humberto Tovar Caicedo, 41, a sergeant in Colombian Army Intelligence, helped organize a drug trafficking organization (DTO) that conspired to send multi-thousand-kilogram shipments of cocaine from Colombia to Mexico for eventual importation into the United States. Tovar Caicedo also offered various corrupt services to the DTO. He found a corrupt member of the police in the Port of Santa Marta willing to facilitate the export of cocaine in exchange for payment; he suggested buying the same phones that the U.S. Drug Enforcement Administration (DEA) uses for security; he offered to use his military training to encrypt those phones for additional security; and he attempted to sell a list of DEA cooperators to the DTO.

Tovar Caicedo and his co-conspirators plotted to send multiple shipments, starting at 1,000 kilograms of cocaine, but moving up to as many as 10,000 kilograms of cocaine per shipment. A member of the DTO traveled to Mexico to negotiate the receipt of the cocaine with a corrupt, high-ranking Mexican military official.

One of the defendant’s co-conspirators was Fabian Andres Leyton Vargas, a Colombian Air Force officer, whom the defendant met at a military training in the United States. Leyton Vargas used his position in the Colombian Ministry of Defense to identify and contact security and law enforcement officials in the Port of Santa Marta to be targeted for bribes. Once these officials received their corrupt payments, they would ensure that cocaine-laden cargo containers passed uninspected through the port. Using this method, on July 27, 2017, Leyton Vargas, along with co-defendants Antonio Aldemar Avila Acevedo and Jose Mauricio Castaneda Garzon, attempted to ship 1,773 kilograms of cocaine from Colombia to Guatemala en route to the United States. Additionally, on March 27, 2018, the same defendants conspired to ship 2,081 kilograms of cocaine from Colombia to Mexico en route to the United States. Colombian law enforcement seized both shipments before they could depart the port.

As part of this multi-year investigation targeting corruption in Colombia’s ports, a fifth defendant, Jose Maria Fragoso D’Acunti, admitted to using his former position in the Colombian National Police, along with familial and other connections, to identify and bribe security and law enforcement officials in the port of Cartagena, Colombia, to aid his organization’s cocaine trafficking. The defendant and his co-conspirators planned to traffic multi-hundred kilogram quantities of cocaine, valued at millions of United States dollars, to Europe by causing such cocaine to be secreted aboard commercial shipping containers. On November 29, 2018, in the port of Savannah, Georgia, U.S. law enforcement seized 516 kilograms of cocaine sent by Fragoso D’Acunti’s DTO from Colombia, that were destined for Belgium. The cocaine was comingled with pineapples in a shipping container. On December 15, 2018, again in the port of Savannah, Georgia, U.S. law enforcement seized an additional 205 kilograms of cocaine sent by Fragoso D’Acunti’s DTO from Colombia that were also destined for Belgium. The cocaine was comingled with limes in a shipping container. In support of the conspiracy, Fragoso D’Acunti paid 1 billion Colombian Pesos, equivalent to more than $300,000 US Dollars, in bribe money to a port security officer.

Defendants Fragoso D’Acunti, Fabian Andres Leyton Vargas, and Antonio Aldemar Avila Acevedo were sentenced to 12 years in prison. Co-conspirator José Mauricio Castaneda Garzon was sentenced to seven years and four months in prison.

These prosecutions are part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

U.S. Attorney Jessica D. Aber for the Eastern District of Virginia, Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, and Special Agent in Charge J. Todd Scott of the DEA Louisville Division made the announcement.

The DEA’s Louisville Field Division and Cartagena Resident Office investigated this case, with substantial assistance from the DEA’s Office of Special Intelligence, Document and Media Exploitation Unit, the DEA’s Special Operations Division and Special Operations Division – Bilateral Investigations Unit, as well as DEA’s offices in Cartagena, Bogota, Panama, Guatemala City, San Jose (Costa Rica), Brussels, Mexico City, Madrid, Frankfurt, London, Paris, Rome, The Hague, Vienna, Hong Kong, Islamabad, Savannah, Detroit, Tampa – PANEX, and New Orleans. The U.S. Customs and Border Protection (CBP) - National Targeting Center also provided substantial assistance. The Colombian National Police, the Belgian Federal Police, the German Zolfahndungsamt, the National Police of the Netherlands, and the Italian Guardia di Finanza also provided critical support.

Assistant U.S. Attorney Anthony T. Aminoff and Trial Attorneys Douglas Meisel and Janet Turnbull of the Department of Justice’s Narcotic and Dangerous Drug Section prosecuted case 1:20-cr-181.

Assistant U.S. Attorney Anthony T. Aminoff and Trial Attorney Teresita Mutton of the Department of Justice’s Narcotic and Dangerous Drug Section prosecuted case 1:19-cr-282.

Assistant U.S. Attorneys Anthony T. Aminoff  (then with the Narcotic and Dangerous Drug Section), Katherine Rumbaugh, and David Peters prosecuted case 1:18-cr-74.

The Justice Department’s Office of International Affairs and the Judicial Attaché at the U.S. Embassy in Bogota provided substantial assistance in securing the arrest and extradition of the defendants listed above.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:20-cr-181, 1:19-cr-282, and 1:18-cr-74.