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100682
SOURCE: CBLEXCLS.002946
DRAFTED BY: L/LEI:GHARRIS -- 09/28/2009 202-647-7933
APPROVED BY: L/LEI:PPRUGH
DOJ/OIA:TBLACK (SUBS)
WHA/AND:MBEHAR
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TO AMEMBASSY BOGOTA IMMEDIATE
INFO DEA HQS WASHINGTON DC IMMEDIATE
DEPT OF JUSTICE WASHINGTON DC PRIORITY

UNCLAS STATE 100682 
 
SENSITIVE 
 
E.O. 12958: N/A 
 
TAGS: PREL CJAN CVIS CO
 
SUBJECT: EXTRADITION: COLOMBIA: FARC MEMBERS JULIO ENRIQUE 
LEMOS-MORENO,AND LUIS FERNANDO-MORA PESTANA (CO:DOB:11/1/1969 AND 4/19/1977) 
 
¶1. (U) SENSITIVE BUT UNCLASSIFIED. THIS CABLE CONTAINS 
SENSITIVE LAW ENFORCEMENT INFORMATION. PLEASE PROTECT 
ACCORDINGLY. THIS INFORMATION SHOULD BE RELEASED TO THE HOST 
GOVERNMENT IN ACCORDANCE WITH THE INSTRUCTIONS BELOW. THIS 
IS AN ACTION CABLE. 
 
¶2. (SBU) At the request of the United States Department of 
Justice, Office of International Affairs (DOJ), Embassy is 
asked to present a diplomatic note along the lines of the 
text in paragraph 3 below. Per DOJ, Julio Enrique Lemos-Moreno, aka Virgilio Antonio 
Vida Mora, aka Silver ("Lemos-Moreno") and Luis Fernando 
Mora-Pestana, aka Virgilio Antonio Vidal Mora, aka Silver 
("Mora-Pestana") are known to be located in Colombia, at a 
location known to law enforcement authorities there. Please 
contact in-country Drug Enforcement Administration ("DEA") 
Special Agent Nestor Laserna, Bogota at 301-985-9343, or 
in-country Federal Bureau of Investigations ("FBI") Special 
Agent Roberto Falero, Bogota at 011-571-315-2124, for more 
information regarding the location of the fugitives. The 
case is being prosecuted for the United States in the 
Southern District of New York by Assistant United States 
Attorneys Jeffrey Brown, who can be contacted at 
212-637-1110, and Rebecca Ricigliano, who can be contacted at 
212-637-2486. Magdalena A. Boynton, DOJ Trial Attorney, 
Office of International Affairs, is handling matters related 
to the provisional arrest and extradition of the fugitives. 
She can be contacted at 202-514-0032. 
DOJ advises the Department (L/LEI) that draft affidavits from 
prosecutor and agent concerning this request have been 
received. 
 
¶3. (SBU) Begin text: 
(Complimentary opening) and has the honor to request the 
provisional arrest and detention for extradition purposes of 
Colombian nationals Julio Enrique Lemos-Moreno and Luis 
Fernando-Mora Pestana, in accordance with Article 35 of the 
Constitution of Colombia of 1991, as amended by the 
Extradition Reform Act, which entered into force on December 
17, 1997; the applicable procedural criminal legislation 
regarding extradition; relevant treaties to which both 
Colombia and the United States are party; and applicable 
principles of international law. The Embassy also requests 
the seizure of all articles, property, funds and/or proceeds 
in the possession of the fugitives at the time of arrest, 
which may serve as evidence of the offenses charged, so they 
may be surrendered with the fugitives upon their extradition 
to the United States. The Embassy considers this request to 
be urgent. The Embassy has the honor to inform the Ministry that a 
formal extradition request with supporting documents will be 
submitted within sixty days of the provisional arrest of the 
fugitives for extradition purposes in accordance with the 
applicable procedural criminal legislation regarding 
extradition Article 530 of the 2000 Colombian Code of 
Criminal Procedure. Julio Enrique Lemos-Moreno and Luis Fernando-Mora Pestana 
(hereinafter "defendants"), are wanted to stand trial in two 
separate criminal cases in the United States District Court 
for the Southern District of New York. In criminal case 
number 08-CR-1290, an indictment filed on December 18, 2008, 
the defendants are charged with one count of conspiracy to 
provide material support to a designated foreign terrorist 
organization, in violation of 21 USC Section 2339B. 
In criminal number S6-09-CR-109, a superseding indictment 
filed on May 12, 2009, the defendants are charged in Count 
One with conspiracy to commit hostage taking, in violation of 
18 USC Section 1203, and in Count Two with hostage taking, 
and aiding and abetting that offense, in violation of 18 USC 
Sections 1203 and 2. On December 18, 2008, the above court issued arrest warrants 
for the defendants based upon the indictment in criminal 
number 08-CR-1290. On May 12, 2009, the same court issued 
arrest warrants for the defendants based upon the superseding 
indictment in criminal number S6-09-CR-109. The arrest 
warrants in both cases remain valid and executable. 
Facts supporting indictment in case number 08 Cr. 1290 
(Providing Material Support): The charges against the defendants stem from an investigation 
of the 57th Front of the Fuerzas Armadas Revolucionarias de 
Colombia-Ejercito del Pueblo (the "FARC") involving 
judicially authorized wire intercepts by the Panamanian, 
Colombian, and U.S. governments. The FARC 57th Front 
operates in the area of the Colombia-Panama border, in the 
Panamanian province of Darien and the Colombian department of 
El Choco. Defendant Mora-Pestana is the Deputy Commander of 
the FARC's 57th Front. The investigation targeted the 57th Front's use of 
Panama-based maritime smugglers to provide the 57th Front 
with material support in the form of shipments of weapons, 
explosives, food, communication equipment, and other 
supplies. The investigation revealed that the FARC's 57th 
Front supports its terrorist activities, and those of the 
FARC, through, among other means, the following: 
On February 22, 2008, off the coast of Panama, five 57th 
Front guerrillas ("CC-1 through CC-5"), who were stranded on 
a boat, forcibly boarded a Panamanian police patrol boat that 
had been dispatched to assist them. The FARC guerrillas held 
the Panamanian police officers at gunpoint, and subsequently 
engaged them in a shootout, shooting one police officer in 
the face. The guerillas were eventually arrested by 
Panamanian police in possession of: explosives and 
detonators; four fully loaded AK-47 automatic weapons; one 
Galil rifle; machetes; approximately 708 live rounds of 
ammunition for the AK-47 and approximately 213 rounds for the 
Galil rifle; nine empty AK-47 magazines and five empty Galil 
magazines; six military backpacks containing personal items 
such as clothing and toiletries; communication equipment, 
including one portable radio, one cell phone with SIM card, 
approximately seven SIM card holders with codes, and one SIM 
card; FARC uniforms, including rubber military boots, arm 
bands, berets, and eleven camouflage uniforms. Subsequent ion 
scans of the 57th Front's boat returned a positive result for 
the presence of cocaine. These materials were to be used by 
the FARC's 57th Front, and possibly, other FARC units, to 
support its terrorist activities in Colombia, Panama, and 
elsewhere. On February 23, 2008, during a judicially authorized U.S. 
wire intercept, Mora-Pestana and one of his associates, 
Juanito Cordoba- Bermudez, discussed the apprehension and 
possible injury or death of the captured 57th Front 
guerrillas referenced above. In a subsequent conversation 
that day, the two men discussed the firefight and arrests of 
the guerrillas, and the seizure of the equipment in their 
possession. On February 24, 2008, Mora-Pestana and 
Cordoba-Bermudez discussed the events leading to the arrests 
of the captured guerrillas, and the fact that Cordoba 
Bermudez was attempting to hire an attorney for them. 
On February 27, 2008, a communique was issued under the name 
of an element of the FARC, warning the government of Panama 
that it had put itself in "very dangerous position" by 
"kidnap(ing) 6 members of our army ... a few days ago;" that 
"Front 57 FARC-EP supports in El Choco over six thousand men 
who have been trained and armed accordingly;" and threatening 
that if the Panamanian government did not "free our kidnaped 
comrades ... in perfect health," the 57th Front had 
"instructions to take all the necessary hostages from the 
(Panamanian) National Police Force, to take (Panamanian) 
public officials, or (Panamanian) local politicians in order 
to force this into an exchange (of prisoners)" and 
"authorization to use full force, any equipment and all 
necessary actions." On March 1, 2008, Mora-Pestana and 
Cordoba-Bermudez were heard during a wire intercept 
discussing the impact of the February 27, 2008, communique on 
the Panamanian legal proceedings against the captured 
guerrillas. Between March 8 and March 12, 2008, a series of calls was 
intercepted between Mora-Pestana, other identified FARC 57th 
Front guerrillas, and an individual later arrested by the 
Nicaraguan authorities driving a truck containing ten rifles 
in a secret compartment. In the calls, Mora-Pestana 
inquired, in coded conversation, when the weapons would be 
delivered to the Front. On March 27, 2008, after the rifles 
were seized at the Nicaraguan border, Mora-Pestana discussed 
the seizure with an identified logistical support associate 
of the 57th Front, who explained that the rifles had been 
seized and that the arrested individual would be released 
from jail shortly. As set forth more fully below, to support the 57th Front's 
activities, Mora-Pestana directed the kidnapping for ransom 
of an American citizen in Panama in April 2008. Information 
from a confidential source has revealed that Mora-Pestana 
provided 10,000 dollars to assist in the kidnapping, and 
directed other 57th Front guerrillas in conducting ransom 
negotiations. Facts supporting superseding indictment in case number S6 09 
Cr. 109 (Hostage taking): The investigation also has revealed that on or about April 4, 
2008, in the vicinity of Costa del Este, Panama, Roque Luis 
Orovio LobOn and other co-conspirators, including several 
corrupt Panamanian police officers, kidnapped Cecilio Juan 
Padron for ransom on behalf of the FARC's 57th Front, of 
which defendant Luis Fernando Mora-Pestana is the second in 
command. Padron is a United States citizen and businessman, 
who was living in Panama at the time. The FARC's 57th Front 
operates around the Colombia-Panama border, in the Panamanian 
province of Darien and the Colombian Department of El Choco. 
It supports its terrorist activities and those of the FARC 
through, among other means, hostage taking and narcotics 
trafficking. On April 4, 2008, in the vicinity of Costa del Este, Panama, 
co-conspirators, with the assistance of corrupt Panamanian 
police officers, kidnapped for ransom Cecilio Juan Padron. 
During the course of the kidnapping, a satellite telephone 
used by Mora-Pestana was used in furtherance of the 
kidnapping. The satellite telephone was the subject of a 
U.S. judicially authorized wire intercept. Among the 
intercepted calls from Mora-Pestana's phone was a call made 
from Mora-Pestana's satellite telephone on April 11, 2008, to 
contact Padron's family in Panama. During the call, an 
unidentified male spoke with Padron's ex-wife in Panama and 
requested that she contact someone at Padron's bank in 
Panama, and that she get a personal number for one of the 
bankers so Padron could call the bank. Several calls were 
intercepted from Mora-Pestana's phone on April 30, 2008, 
involving another unidentified male. During these calls, the 
unidentified co-conspirator contacted the private banking 
division of a bank in Panama City. During the calls, the 
individual asked to speak with one of Padron's private 
bankers, and identified himself as a "friend of Cecilio 
Padron." A review of U.S. judicially authorized wire intercepts 
revealed that defendant Lemos-Moreno was planning the 
kidnapping of Padron in the week of March 2008. On March 28, 
2008, Lemos-Moreno was heard speaking to an individual by the 
name of "Carlitos." During the call, Carlitos described to 
Lemos-Moreno, in coded terms, the planning of the kidnapping, 
informing Lemos-Moreno that they would have the "product" on 
Thursday (referring to April 3rd), and that it would be 
"delivered" the next day, April 4, 2008. On April 3, 2008, 
the two men spoke again, and Carlitos informed Lemos-Moreno, 
again in coded terms, that the kidnapping had been postponed 
from April 3rd to April 4th because Padron had not been alone 
on April 3rd, and as a result, the kidnappers had not had the 
opportunity to seize him. In the intercepted call, Carlitos 
confirmed that he would be providing Lemos-Moreno with "good 
merchandise," a reference to Padron. Lemos-Moreno was also 
heard discussing the kidnapping with Carlitos after it 
occurred. In a series of calls placed on April 7th and 8th, 
the two men discussed Padron, including his various 
affiliations and attributes. The two men also discussed the arrest of a corrupt Panamanian 
police officer who had assisted with the kidnapping, 
and the need to hire an attorney for the Panamanian officer 
in order to keep him from cooperating with authorities. 
Geo-location information for the calls made on April 11, 
2008, indicate that on that date the satellite telephones 
belonging to defendants Mora-Pestana and Lemos-Moreno were in 
the same vicinity, approximately 10 miles south of Jacque, 
Panama, at the time of the calls. A co-conspirator of Mora-Pestana's revealed that prior to the 
kidnapping, in approximately February 2008, co-defendant 
Roque Orovio Lobon requested that the co-conspirator request 
funding from Mora-Pestana to commit the kidnapping. The 
co-conspirator did so, and received $10,000 dollars from 
Mora-Pestana to finance the kidnapping. Following the kidnapping, the same co-conspirator stayed in 
contact with Mora-Pestana by both telephone and in-person 
meetings. During one of the meetings, Mora-Pestana informed 
the co-conspirator that Orovio Lobon would receive payment 
for the kidnapping when Mora-Pestana and the FARC received 
the ransom payment for Padron. The ransom payment was later 
paid in Panama, and Padron was released in Panama. 
The provisional arrest and extradition of fugitives are 
authorized in accordance with Article 35 of the Constitution 
of Colombia of 1991, as amended by the extradition reform 
act, which entered into force on December 17, 1997, the 
applicable procedural criminal legislation regarding 
extradition, and applicable principles of international law. 
Seizure and surrender of articles are covered by the 
applicable procedural criminal legislation regarding 
extradition. All of the actions taken by the defendants in 
this case took place subsequent to December 17, 1997. 
The Embassy wishes to inform the Ministry that Luis Fernando 
Mora-Pestana is a citizen of Colombia, born on November 1, 
¶1969. He holds Colombian cedula number 12.002.392. 
Julio Enrique Lemos-Moreno is a citizen of Colombia, born on 
April 19, 1977. He holds Colombian cedula number 71.985.826. 
(Complimentary closing) 
 
End text. 
¶4. (U) Please send Department a copy of the note for L/LEI, 
Room 5419, and cable effective date of fugitive's arrest 
pursuant to U.S. request. Please report developments, 
captioning response cables for L/LEI-V. Prugh and G.Harris 
and DOJ/OIA-M. Boynton. Embassy's assistance is greatly 
appreciated. 
 
CLINTON