Monday, May 16, 2022



Dario Usuga-David in custody in Colombia

Is DARIO ANTONIO USUGA-DAVID, recently extradited to EDNY from Colombia, already engaged in cooperation with US law enforcement ? A review of the court docket seems to confirm that this is the case. Allow us to detail the developments to date in his case.

Here are all the most recent filings:

1. The defendant has entered a plea of not guilty.

2. The Court has forbade the media from bringing anything into the courtroom, or media room, that could be used to take photographs.

3. The US Attorneys Office filed a motion for the entry of a Permanent Order of Pretrial Detention.

4. The case was NOT set for trial. a Status Conference was set for June 6, 2022, a month hence.

5. The Court entered a order excluding the 30-day period from the provisions of the Speedy Trial Act. In plain language, it means that the 70-day requirement, during which time the defendant must be brought to trial, is not running. The grounds stated, " The Ends of Justice," which are used to justify delaying the commencement of the time period, often serve as a cover to the prosecutor to elicit cooperative testimony, while at the same time keeping that fact from the public, as well as potential targets of an ongoing investigation.

Inasmuch as Usuga-David previously cooperated with Colombian law enforcement, prior to his extradition, we are assuming that, to obtain a shorter sentence, he is currently assisting US law enforcement in the investigation of others. Given his possible Life Sentence, he would be foolish to do otherwise; the Government has had years to build a case against him. 

On June 6, unless he changes his plea to guilty prior to that date, we will see whether our theory is correct. Unless the case is set for an immediate trial at that time, our estimate of the level of accuracy of our theory that he is cooperating will increase.


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