SUSPECTED SMUGGLERS CONVICTED OF ASSAULT ON COAST GUARDSMEN

South Florida Anti-Smuggling Team Keeping Pressure On Smugglers

MIAMI - Two men were found guilty of assaulting Coast Guard officers yesterday by a federal jury after a two day trial presided over by Judge Michael K. Moore in U.S. District Court in Key West, Fla.

Jose Cartaya-Acosta and Jorge Cartaya-Acosta were arrested Feb. 8 after they were spotted that evening in the Florida Straits, between Cuba and the U.S., heading north in a 25-foot boat and refused to stop when lawfully ordered by Coast Guard officers from the cutter Valiant, based in Miami Beach. 

The fleeing suspects initiated a high-speed pursuit that included several attempts by the suspected smugglers to ram the Coast Guard boat, causing damage to the vessel and endangering the safety of the Coast Guard crew.

The Coast Guard officers were able to employ minimum and safe force to stop the vessel.  When they attempted to go on board, Mr. Jorge Cartaya-Acosta picked up a three-foot metal tire iron and threatened the boarding team while also trying to puncture the Coast Guard boat’s inflatable sponsons.

Upon boarding the Florida registered boat, one of the men charged the boarding team, which used appropriate and legal force to protect themselves and to prevent the assailant from attempting further harm.

"Coast Guard men and women conduct all of their missions with safety as a primary consideration; safety of the American public, safety of migrants, and safety of our own people," said Rear Admiral Brian Peterman, commander of the Seventh Coast Guard District. "Everyday, whether rescuing mariners in distress, enforcing the law, or protecting the homeland, they have to make instantaneous judgment calls, and they do it with the utmost professionalism. In this case, the judgment and actions of those on scene prevented anyone from being injured or worse while enforcing U.S. laws and protecting our borders."

Yesterday’s conviction sends a clear message that the Coast Guard will not tolerate its men and women being unnecessarily threatened or assaulted during the course of their lawful duties and will continue to pursue aggressive prosecution against those who do so.

This successful prosecution would not have been possible without the great support of the U.S. Attorney's Office for the Southern District of Florida and the investigative team from the Coast Guard Investigative Service. The U.S. Attorney's Office and CGIS are true partners in keeping South Florida safe and secure.

A sentencing hearing is scheduled for June 13.  

This prosecution is the most recent example of how the South Florida anti-smuggling team, which includes the U.S. Attorney's Office, Immigration and Customs Enforcement (ICE), and Customs and Border Protection (CBP), including the U.S. Border Patrol, is implementing additional ways to penalize those involved in the dangerous and illegal activity of smuggling migrants across the Florida Straits.

Other examples include felony prosecution of suspected smugglers with final removal orders who self-deport themselves and then attempt to illegally re-enter the U.S.  The first successful conviction of this type took place March 15, resulting in an 18-month sentence.

Also being used is the Unauthorized Entry to Cuba (UEC) regulation, which allows for civil penalties against those engaged in organized smuggling activities between Cuba and the U.S. 

Between July 26 and Feb. 10, this regulation has been applied in nine cases involving smuggling attempts.  As a result, 25 individuals, including six boat owners and 19 operators, have been issued Notices of Violation with civil penalties ranging between $1,000 and $5,000.  In total, $117,000 in penalties have been issued. 

Additionally, three class one civil penalty cases have been forwarded to a hearing officer for two suspected smugglers and a boat owner with a recommendation of a $25,000 fine each. 

"As long as organizations and individuals continue to challenge our border security by engaging in dangerous and illegal smuggling activities, we will aggressively pursue new and tougher measures of accountability,"  said Rear Admiral Brian Peterman, commander of the Seventh Coast Guard District.  "Criminal prosecution remains an integral part of our deterrence efforts, but the application of this regulation and its penalties gives us more options in applying pressure on smugglers and those who support them."