Has Any Money Been Seized From El Chapo

AUSTIN — Donald Trump wants to build the wall and Ted Cruz says El Chapo will pay for it. But is such a thing possible?

The short answer is probably not. But with funding generally stalled for the president'due south long-promised wall to separate the United States from United mexican states, Texas' Republican inferior U.S. senator has legislation pending that would confiscate money forfeited by the recently convicted drug lord and use information technology for border security.

Who is El Chapo?

"El Chapo" Guzmán Loera, 61, is a notorious drug dealer and a former leader of Mexico'due south Sinaloa Dare who had a history escaping from prison. On Tuesday, he was convicted of drug trafficking, weapons charges and operating a criminal enterprise — a verdict that means he faces life in prison.

Currently the U.S. government is seeking the criminal forfeiture of more $fourteen billion in drug proceeds and illicit profits from El Chapo, who was extradited to the U.Due south. to face criminal prosecution for numerous alleged drug-related crimes, including conspiracy to commit murder and money laundering.

"Fourteen billion dollars will become a long style to secure our southern border, and hinder the illegal flow of drugs, weapons, and individuals," Cruz said when he filed what he calls The El Chapo Act. "By leveraging any criminally forfeited assets of El Chapo and other murderous drug lords, we can offset the cost of securing our border and make meaningful progress toward delivering on the promises made to the American people."

More than:Ted Cruz says billions in assets tied to 'El Chapo' should fund the border wall

Is The El Chapo Act possible?

Nether a law enacted in 1984, the U.S. Justice Department receives forfeited avails.

"The Attorney General is authorized to use the Avails Forfeiture Fund to pay any necessary expenses associated with forfeiture operations such equally property seizure, detention, management, forfeiture, and disposal," co-ordinate the Justice Section'southward website. "The Fund may also be used to finance sure general investigative expenses."

The Justice Section offers a long listing of programs and initiatives eligible for forfeited funds. A border bulwark is not on the list.

However, the department does says the funds may exist spent on "various costs incurred past state and local law enforcement officers participating in joint police enforcement operations with a federal agency."

Cruz'south legislation would create an exception for whatsoever assets seized from El Chapo and whatsoever other convicted drug lords.

"Notwithstanding any other provision of law, whatsoever illegally obtained profits resulting from any criminal drug trafficking enterprise led by Joaquin Archivaldo Guzmán Loera (commonly known as 'El Chapo') ... shall be reserved for security measures along the edge between the Usa and Mexico, including the completion of a wall along such border," Cruz'due south measure states.

Where did Ted Cruz's idea come from?

The senator commencement offered his legislation during the 2017 session of Congress, just it floundered.

He besides oft mentioned the bill on the 2018 entrada trail in his race against Democrat Beto O'Rourke equally role of his edge security platform.

Does Cruz have the votes in Congress?

It's too before long to say for sure, but the Democrats taking control of the U.South. House subsequently the 2018 elections makes the hill steeper and harder to climb.

Democrats representing the Texas border have made it clear that they oppose Trump'southward vision of a physical wall or like structural bulwark along the Rio Grande.

In the Republican-controlled Senate, the measure was referred to the Judiciary commission, of which Cruz is a member, simply no action has been taken on it.

If canonical by the committee, nether the Senate rules it would have to meet the 60-vote threshold to pass the full chamber. Without Autonomous votes, the pecker would not meet that threshold.

Only in that location is support for the concept amongst at least some congressional Republicans. During the partial government shutdown, Republican Rep. Marking Meadows of North Carolina tweeted that unless Democrats budge on wall funding, forfeited assets should be used.

"If they (Democrats) won't compromise, POTUS should apply asset forfeiture money or other discretionary fees to start construction," Meadows said in the post.

What'southward next

Getting their easily on Guzmán'due south billions could be problematic. Bruce Bagley, an international studies professor at the University of Miami who is an good on the Mexican drug cartels, said the money is well-subconscious and well-laundered. He called Cruz's legislation the activeness of a "political showman."

"That $14 billion is not sitting in a pile somewhere, and the United states government hasn't got a single dime of if," Bagley said in a telephone interview. "A lot of it is probably in Mexico, and the Mexicans have a legitimate claim to it.

"And the way Mexico has been treated by the Trump assistants, calling them rapists and murderers, what incentive do they have to cooperate? Less than nix."

Since Guzmán'southward conviction, Cruz'due south legislation has fatigued the attention of several national news outlets. And on Wednesday, the senator sought to capitalize on the coverage. He overhauled the news release he issued when he filed the bill soon after the 2019 Congress convened on January. 3 and added a sense of urgency for its passage.

"It's time to pass my EL CHAPO Act," Cruz said in the updated release that independent links to some of the coverage. "I urge my Senate colleagues to take swift action on this crucial legislation."

Related coverage

More than:He's escaped from prison twice. This fourth dimension, El Chapo is probably headed to 'supermax' prison house dubbed 'Alcatraz of the Rockies'

More:Federal jury finds drug lord Joaquín 'El Chapo' Guzmán guilty of all counts

More than:'El Chapo' allegedly had sex with underage girls, called them his 'vitamins,' records bear witness

Source: https://www.caller.com/story/news/local/texas/state-bureau/2019/02/13/can-el-chapos-drug-money-used-build-trumps-border-wall-ted-cruz/2858997002/

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