US Changes Release Date of Eduardo Arellano Félix to "Unknown"

It is worth remembering that this change of “unknown” status has happened before with other Mexican drug traffickers who have either become protected witnesses or reached cooperation agreements with the United States.  Inherent in all plea agreements is also the opportunity for infamous drug lords to avoid the spectacle of a trial. 

Eduardo’s younger brother Francisco Javier Arellano Félix (not to be confused with his older brother Francisco Rafael) was arrested while on a luxury yacht while in international waters by U.S. agents in 2006. 

Francisco Javier faced the possibility of the prosecution seeking the death penalty for his crimes, but in 2007 then-Attorney General Alberto Gonzalez decided not to seek that punishment. Just two days after Alberto Gonzalez made this decision, Francisco Javier pled guilty to charges related to running a criminal enterprise and laundering money. He received a life sentence for these charges. 

At the time, many suspected that the reason the death penalty was dropped was due to Javier’s willingness to not only plead guilty but also his willingness to cooperate with the US in ways that might bring down his other brothers who remained free. 

Sometime after this, while he was serving time in prison, Francisco Javier came to an agreement with the US government to testify against his brother Benjamin Arellano Félix, who was already in custody in Mexico. 

Benjamin Arellano Félix was then extradited to the US on April 29, 2011 to face charges of trafficking cocaine into California. 

Following his extradition, The San Diego Union-Tribune reports that federal agents secretly arranged for Francisco Javier to meet with his brother Benjamin in person later in 2011. The purpose of this meeting was allegedly to  convince Benjamin that Francisco Javier had already and willfully agreed to testify against him as Benjamin had made clear through negotiations with prosecutors that he was skeptical Francisco Javier would ever turn on him. 

The prosecution was likely hoping that once Benjamin understood that his brother Francisco was going to testify against him, then Benjamin would become more receptive to their plea negotiations and overall a more willing collaborator. Benjamin still had key information and potential testimony that could aid US agents keen on taking down more members of the CAF. 

The brothers are said to have spoken in a room at Marine Corps Air Station Miramar that was under heavy guard but had no lawyers present in the room. What precisely was said between the two isn’t known. 

In January 2012, Benjamin Arellano pled guilty on charges of racketeering and conspiracy to launder money. He had agreed to plead guilty on these charges under his own agreement with federal prosecutors that said he could be sentenced to no more than 25 years in prison.

In June 2015, Francisco Javier‘s life sentence in prison was reduced to a sentence of just under 24 years.

Witness Protection for an Arellano Félix Brother

The federal Witness Security Program is better known for protecting people on the outside of prison walls however, the Bureau of Prisons (BOP) runs the program for inmates who have agreed to testify against major criminals.

It is notable that Francisco Javier Arellano Félix’s name does not appear in the online inmate locator for federal prisoners. The San Diego Union-Tribune speculates that Javier is likely part of a witness protection program (WITSEC) operation by the US BOP.

The media relations office of the BOP was twice asked by the Tribune if it could say where Javier is located, and both times the office confirmed he was not in the prison inmate database. Journalist Greg Moran writes that when the BOP was asked if that meant he was in the witness program, a spokesman refused to comment. 

When John Kirby, a former federal prosecutor on the Arellano Félix indictments was asked about Francisco Javier, he said “He’s clearly in the BOP WITSEC.” 

A Department of Justice audit of the US BOP witness program from 2008 said that about 500 inmates were currently in the witness protection program. These 500 inmates are housed in special units inside seven facilities in the U.S. Only people on an approved list are allowed to visit the inmates in the witness program. 

Sources: Milenio, SwissInfo, Lopez Doriga, Politico.MX, La Voz de Michoacan, NBC News, The San Diego Union-Tribune