Chivis Martinez Borderland Beat
Dated Friday, Joaquín “El Chapo” Guzmán filed a letter with the court, requesting permission to severe ties with his long time attorney Eduardo Balarezo. It was simple and to the point;
“Dear Judge Cogan”“I am writing to the court to ask you to terminate A. Eduardo Balarezo as one of my attorneys.”Signed with what appears to be the signature of El Chapo.
No reason or explanation included.
In the mix, the same attorneys that brought us “cell-gate” during the trial, goofed when filing the letter and inadvertently posted a letter from April 14th of this year addressed to “Who it may concern”. The letter is an announcement of sorts of El Chapo LLC clothing line to premier in summer of 2019.
The letter confirms Guzman is the owner of the clothing line, operated by his common law wife, Emma Coronel Aispuro.
Guzman’s attorney realized the error of filing the letter on the government website and asked the court to retrieve the letter about the clothing line. As of this hour it remains on the Pacer website.
El Chapo’s legal team has assisted the formation of the clothing line company from the beginning.
|Click on image to enlarge
Clothing Line and trademark
The trademark issue has been a long bumpy road for the family.
Alejandrina Gisselle Guzman Salazar, daughter of Guzman, registered the name “El Chapo,” as a trademark with the Mexican Institute of Industrial Property.
Guzman Salazar began in 2010 filing applications for variations on the capo’s name.
Only “El Chapo” was approved, for four different lines of products. The family now holds trademarks for El Chapo jewelry, watches, umbrellas, toys, luggage, Christmas tree decorations, and both leather and pleather until 2020. The Institute of Industrial Property rejected applications from other members of Guzman’s family.
Emma recently gave an interview which was televised, in which she warned Netflix and any other entity wishing to use the El Chapo name that it is trademarked and they must go through her.
This gave way to a social media attack by Guzmán Salazar who posted her trademark certificates and ‘went there’ personally by posting her mother and fathers marriage certificates, birth certificates and other documents as proof Emma is not a legal wife and that the mother of Guzmán Salazar remains the only legal wife of El Chapo.
Which is accurate.
However, since El Chapo is the actual owner of the LLC, that of course supersedes any claim by a wife or offspring.
The costly trial and defense of El Chapo
The defense and trial of El Chapo is said to be the most expensive in United States history. And Chapo paid very little, one payment as far as I know, by friends. The issue is “clean money”. Any funds paid are subject to scrutiny by the government to assure the payments are not funds from criminality.
What happens if there are no payments— who pays?
Well, if you have a mirror handy take a look for the answer. If you are a tax payer, it is me, and you and everyone else that works and pays taxes.
Son of Sam
The Son of Sam law, originated from New York serial killer David Berkowitz, who use the name “Son of Sam”. After his arrest there was speculation and rumor that he was writing a book.
The term “Son of Sam” is derived from the first law of this type, targeted at serial killer David Berkowitz, who used the name “Son of Sam”
To block any profit by Berkowitz, the New York State Legislature swiftly passed preemptive legal statutes, the first legal restriction of its kind in the U.S.
Other states followed suit to keep criminals from profiting from the publicity of their crimes.
From the beginning there were critics of the law saying it trampled on first amendment rights and it was too board.
The federal supreme court of agreed striking down the law by 8-0 vote in 1991.
New York adopted a new “Son of Sam” law in 2001.
This law requires that victims of crimes be notified whenever a person convicted of a crime receives $10,000 (US) or more from virtually any source. The law then attaches a springing statute of limitations, giving victims an extended period of time to sue the perpetrator of the crime in civil court for their crimes.
So far, the current New York law has survived court scrutiny and other states have followed suit.
Prisoners frequently engage in work from behind bars, although it is they earn only a chickenfeed for their labors.
Many of prison labor products have been apparel-related. Prisoners have made clothes for the military, McDonald’s uniforms, Victoria’s Secret lingerie, and JC Penney jeans.
El Chapo owes the U.S. government billions of dollars. So it’s unclear where the proceeds from the line will be pocketed.
Income Tax IRS
Emma is a U.S. citizen, and as such her worldwide income is taxed regardless which country she resides in. She stated on her televised interview she has many investments and properties and that is how she supports herself. That means she would be outside the law if she has not filed income tax requirements yearly.
Even if she were to relinquish her citizenship and become a Mexican citizen, or perhaps she has dual citizenship, by dropping her U.S. citizenship she will still be required to file and pay taxes as relinquishing a U.S. citizenship for tax purposes is unlawful.
If she pays taxes in Mexico she will be able to file a foreign tax credit, but personal experience has demonstrated the deduction is small and a payment to the U.S. will be required.
Motion for a New Trial
The government filed its lengthy opposition to a new trial. The reply to that filing is due on May 29th. Read the opposition filing below. Sentencing is scheduled for June 25th
Clothing Line behind bars
Government reply to request for a new trial
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