by Alicia A. Caldwell
Nov. 16, 2007
Reprinted from AP

Two men who refused to testify before a federal grand jury investigating a Cuban militant pleaded guilty to obstruction of justice charges, authorities said.

Osvaldo Mitat and Santiago Alvarez, both Cuban exiles, were initially indicted on criminal contempt charges for refusing to testify before the grand jury even after being granted immunity. On Friday, they pleaded guilty to a superseding indictment charging them with obstruction, the U.S. Department of Justice announced.

Mitat, 65, and Alvarez, 66, each face up to 10 years in prison and a $250,000 fine when they are sentenced Feb. 1.

Both are already serving prison sentences in unrelated weapons cases.

The grand jury was investigating allegations that anti-Castro activist Luis Posada Carriles lied in a bid to become a naturalized U.S. citizen.

The case was dismissed earlier this year after a federal judge concluded that the government used trickery and made several mistakes in building its case.

Posada, a former CIA operative and U.S. Army officer, was accused of lying about how he crossed into the United States. He claimed he was smuggled across the border in Texas, though prosecutors argued he arrived in Florida via boat.

The indictment alleged that Alvarez, a wealthy developer and Posada benefactor, and Mitat, Alvarez's employee, helped Posada sneak into the country.

Federal prosecutors have appealed the dismissal of Posada's charge.

Posada still faces a deportation order, though an immigration judge has ruled that he cannot be sent to Cuba, where he was born, or Venezuela, where he is a naturalized citizen.

Governments in both counties want Posada sent to Venezuela, where he stands accused of plotting the deadly 1976 bombing of a Cuban jetliner. Posada has denied any wrongdoing.

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by U.S. Dept. of Justice
Nov. 16, 2007
Reprinted from PR Newswire

WASHINGTON, Nov. 16 /PRNewswire-USNewswire/ -- Two associates of Cuban exile Luis Posada Carriles have pleaded guilty in the Western District of Texas to charges of obstruction of justice in connection with the U.S. government's investigation of Posada Carriles, Michael J. Mullaney, Acting U.S. Attorney for the Western District of Texas announced today.

Osvaldo Mitat, age 65, and Santiago Alvarez, age 66, both natives of Cuba, each entered pleas of guilty today to a one-count superseding criminal information that charged each defendant with obstruction of justice. The plea occurred before U.S. District Judge David Briones. Each defendant faces a maximum sentence of 10 years imprisonment, a fine of $250,000, three years supervised release and a $100 special assessment. Sentencing for both has been scheduled for Feb. 1, 2008.

According to the statement of facts agreed upon by each defendant, on or about Dec. 18, 2006, a federal grand jury in the Western District of Texas subpoenaed both Mitat and Alvarez to testify in the course of its investigation into allegedly false statements made to the government made by Posada Carriles about his unlawful entry to the United States and other matters.

On or about Jan. 11, 2007, each was granted immunity from prosecution from any self-incriminating statements and each was ordered to testify by the U.S. District Court in the Western District of Texas. Not withstanding the grant of immunity and court order compelling their testimony, the defendants refused to testify before the grand jury about the subject of its investigation. By doing so, Mitat and Alvarez did unlawfully and corruptly influence, obstruct and impede, and endeavor to influence, obstruct, and impede the due administration of justice.

In September 2006, Mitat pleaded guilty in the Southern District of Florida to conspiracy to possess prohibited firearms, while Alvarez pleaded guilty in the same district to a multi-object conspiracy which included possession of prohibited firearms and false immigration documents. Mitat was ultimately sentenced to 24 months imprisonment, while Alvarez was ultimately sentenced to 30 months imprisonment in connection with these guilty pleas.

The investigation into this matter is being conducted by the Federal Bureau of Investigation and U.S. Immigration and Customs Enforcement. The case is being prosecuted by Michael J. Mullaney, Acting U.S. Attorney for the Western District of Texas for purposes of this prosecution, as well as Trial Attorneys John W. Van Lonkhuyzen and Paul Ahern, from the Counter-Terrorism Section of the Justice Department's National Security Division.

 

Se declaran culpables dos implicados en caso Posada Carriles