A Latin music executive accused of doing business with a concert promoter linked to Mexican drug cartels is now asking a federal judge to throw out the charges, arguing the indictment is unfairly vague and the sign of a potential “clown punch” by prosecutors.
Angel Del Villar, the chief executive of Los Angeles-based Del Records, was indicted in 2022 for violating a federal law that prohibits US residents from doing business with known drug traffickers. Prosecutors say he repeatedly arranged concerts with a Guadalajara-based promoter who has ties to Mexican cartels.
But in a motion filed Thursday, Del Villar's lawyers say the indictment failed to clearly state which aspects of that federal law he allegedly violated, leaving him unable to properly prepare a defense.
“The purpose of an indictment is to protect individuals from government ambush,” writes Del Villar's attorney. “A person whose liberty is at stake has the right to know with certainty what offenses they are alleged to have committed [and] against which theories they must be prepared to support'.
“The indictment here defeats those goals,” Del Villar's lawyers say. “Neither Del Villar nor his co-conspirators, reading it, can be sure from which direction the government's attack will come – a sure arrangement for a buffoon's fist.”
Del Villar is represented by Drew Fiedling, a well-known criminal defense attorney for music industry figures. The Atlanta attorney has previously represented Gucci Mane, YFN Lucci and members of Migos in criminal cases. Last year, he successfully defended Cardi B over a microphone-throwing incident in Las Vegas.
Founded by Del Villar in 2008, Del Records has grown into a leading label for local Mexican music. The label is home to Música mexicana supergroup Eslabon Armado, whose global hit, “Ella Baila Sola” featuring Peso Pluma, became one of the biggest songs of 2023, as well as Lenin Ramirez and other chart-topping artists.
But in June 2022, Del Villar, 41, and CFO Luca Scalisi, 56, and Del Records itself were charged with conspiracy to violate the Foreign Drug Designation Act. Passed in 1999, the law allows the US to impose targeted sanctions on foreign individuals involved in the illegal drug trade and prohibit US residents from doing business with them.
In Del Villar's case, prosecutors allege she repeatedly cooperated with him Jesus Peres Alvear, a Mexican concert promoter who runs a company called Gallistica Diamente (Ticket Premier). The US Treasury Department added Perez to the list of sanctions in 2018, alleging that he and Gallistica had helped cartels “exploit the Mexican music industry to launder drug proceeds and glorify their criminal activities.”
Prosecutors allege that Del Villar and Scalisi used Perez to arrange four Mexican concerts for an unknown Del Records artist and then accepted nearly $200,000 in payments from him while clearly knowing Perez had been punished. The charging documents cite a Del Records press release that was never sent that acknowledged this situation, as well as private messages in which Scalisi noted that Perez was “under national security surveillance” and that Del Villar was immediately informed that the Perez was “a US sanctioned person.”
Two and a half years later – after the case was pushed back several times – both Del Villar and Scalisi are now pushing to have the charges dismissed.
In his filing Thursday, Del Villar's lawyers argue that the indictment is unclear about which aspect of the Kingpin Act he was accused of violating. Is this a provision that prohibits transactions related to a major drug trafficker or another that prohibits transactions that seek to circumvent the law itself? Findling says prosecutors are “not elaborating.”
“It would be one thing if the indictment clearly set out its exact elements [those separate provisions]Del Villar's lawyer writes. “It would still be admissible if the indictment contained facts that would make it clear which provision was at issue. But it does neither.''
Prosecutors' response is expected next month. If the case is not dismissed, a trial is tentatively scheduled for October.
from our partners at https://www.billboard.com/pro/angel-del-villar-judge-dismiss-federal-charges-mexican-cartels/
