United States v. Milagros Cota, Leoncio Hernandez, Altagracia Hernandez, Milagros Cota

953 F.2d 753, 34 Fed. R. Serv. 1251, 1992 U.S. App. LEXIS 73
CourtCourt of Appeals for the Second Circuit
DecidedJanuary 6, 1992
Docket480, Docket 91-1364
StatusPublished
Cited by34 cases

This text of 953 F.2d 753 (United States v. Milagros Cota, Leoncio Hernandez, Altagracia Hernandez, Milagros Cota) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Milagros Cota, Leoncio Hernandez, Altagracia Hernandez, Milagros Cota, 953 F.2d 753, 34 Fed. R. Serv. 1251, 1992 U.S. App. LEXIS 73 (2d Cir. 1992).

Opinion

IRVING R. KAUFMAN, Circuit Judge:

Guilt by association has never been enough to sustain a criminal conviction in our system of justice. In both conspiracy and money laundering cases, an independent showing of knowledge, participation, and intent must be proven to establish each party’s alleged involvement in a scheme. The matter at issue in this case is whether criminal intent could be imputed to the seemingly innocent sale of two family-owned properties where there was no evidence that the appellant, Milagros Cota, was connected to the drug trafficking scheme that occasioned the original purchase of the homes, but there was sufficient circumstantial evidence for the jury to infer her knowledge of the illicit source of the properties and participation in the family-run conspiracy to conceal proceeds of the sale. Based on a number of incriminating statements, the tape-recorded testimony of two relatives conspiring to sell the homes, and other evidence, all of which we find to have been properly admitted, we hold the circumstances warranted a finding of appellant’s guilt. The jury instructions and sentencing were also proper.

For the reasons stated below, we affirm Judge Sifton’s denial of Cota’s motion to set aside the jury’s verdict. We also affirm his decision to uphold her convictions of one conspiracy charge and two substantive counts of money laundering, in violation of 18 U.S.C. § 371 and § 1956(a)(l)(B)(i).

BACKGROUND

During the years that Milagros Cota was serving abroad in the United States Army, members of her extended family formed a multi-million dollar heroin trafficking ring known as the “Hernandez Organization,” named for its prime founder, appellant’s brother Leoncio Hernandez. In furtherance of their extensive trade, members of the family purchased four private residences in Queens, New York with proceeds from their illegal narcotics activities. At various times, the houses were used for distributing and packaging heroin, counting money, and making deliveries.

Tipped off to the ring, agents from the Drug Enforcement Administration (“DEA”) and U.S. Customs Service arranged for a wiretap to be installed at one of the houses. In a recorded conversation on March 30, 1989, the owner of the house, Leoncio Hernandez, and his common law wife Altagracia, discussed a conspiracy to dispose of the properties which had been utilized in the course of their drug trafficking. Leoncio instructed his wife to “give him the three thousand and put the ‘for sale’ on the house ...” He then proceeded to assign a specific value to each house intended for sale, indicating that whether he gained or lost from the sales, he “just want[ed] to get out of it.”

At no point during the conversation was appellant’s name mentioned, or her knowledge or intended participation in the conspiracy to sell, alluded to. Indeed, in the wake of an extensive investigation launched by the DEA following the conversation, whereby various members of the Hernandez ring were arrested and currency and drugs were seized from the homes, Cota was never implicated in the actual drug trafficking activities. An arrest warrant was issued for Leoncio and Altagracia, but they escaped and assumed fugitive status. Cota’s sister, Jacqueline Chavez, was also arrested, and Cota posted the bond for her release.

Some time following these arrests, Cota got in touch with the employer of her convicted sister — a self-employed real estate broker by the name of Jose DeLaCruz — to arrange for the planned sale of the family’s properties in Queens. Although she was not named as an owner of any of the homes, Cota took it upon herself to sign *756 the contracts of sale with the inscription “Milagros Cota, Attorney in Fact.” The negotiated prices for the homes were considerably less than those originally suggested by Leoncio in the tape recorded conversation, ostensibly because the mortgages were in arrears and foreclosure was imminent.

Approximately one week after the contracts of sale were executed, but before the formal closings were held, the DEA had its first contact with Cota, when Deputy Sheriff Hudson of the Oneida County Sheriffs Department spotted her driving a maroon Cadillac on June 13, 1989. DEA agents had advised upstate New York law enforcement officials to be on the look-out for the car, which was thought to be in the possession of another fugitive, Cota’s brother David Hernandez, who often visited the vicinity of her upstate home. On the suspicion that she was harboring the fugitive, officers stopped Cota, had her exit the car at gunpoint, and handcuffed her. They also stopped the driver of the jeep riding behind her, which contained Cota's husband and her niece. After it was determined that the suspected fugitive was not in the car, Cota was unhandcuffed. Hudson then advised the Cotas that the Cadillac was being seized, and asked them to accompany him to the Sheriffs station to answer questions about how and why they came to be in possession of the car, and whether they had any information about the fugitive, David Hernandez. The Cotas both agreed to come, ostensibly out of concern for the return of the Cadillac. Cota and the niece rode in the Sheriffs unmarked car, with her husband following in the Jeep behind.

Once at the station, Cota was assured she was not under arrest. Accordingly, she was not read her Miranda rights. She was guided to the squad room, a secured area of the office behind the public waiting room, where she was allowed to move about freely. In response to Cota’s inquiries about the whereabouts of her Cadillac, she was told that DEA agents from New York City were on their way to the station to ask her more substantive questions, and would take a few more hours to arrive. With her husband in an adjoining room, Cota continued to wait “at her own will,” as Sheriff Hudson testified, for the duration of the six hours until DEA agents Whipple and McAleer finally appeared. During the interview, Cota made a number of incriminating statements that were later used as evidence of her knowledge of her family’s participation in the drug trafficking schemes. Agent McAleer also testified that Cota stated that she knew her brother Leoncio was hiding as a fugitive in the Dominican Republic. At no point during the interview did Cota or her husband ask to leave, demand a lawyer, or refuse to answer questions.

Approximately one month after this incident, Cota flew to the Dominican Republic to obtain powers of attorney from the family members listed as the official owners of the properties she was engaged in selling— including the fugitive, Leoncio. Upon her return, formal closings were held for three of the four properties. Cota attended the closing for the sale of 102-21 LaRue Avenue, even though she had not acted as the seller for the nominee owner. She also later received an assignment of a $50,-000.00 mortgage note from the named owner of the property, Jose Nunez, for no consideration.

For the house at 37-34 102nd Street, DeLaCruz wrote Cota a promissory note in the amount of $140,547.00. Eventually, he paid off $85,000 of this sum in the form of a certified check issued to Cota. Cota deposited $5,000.00 for herself, and had her bank issue a new check for the balance, which was made payable to another of her relatives, Carlos Cota, who was then living in Mexico.

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Cite This Page — Counsel Stack

Bluebook (online)
953 F.2d 753, 34 Fed. R. Serv. 1251, 1992 U.S. App. LEXIS 73, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-milagros-cota-leoncio-hernandez-altagracia-hernandez-ca2-1992.