Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

U.S. v. OSPINA

November 8, 2004.

UNITED STATES OF AMERICA,
v.
BEATRICE OSPINA, Defendant.



The opinion of the court was delivered by: ROBERT SWEET, Senior District Judge

SENTENCING OPINION

On July 25, 2001, defendant Beatrice Ospina ("Ospina") appeared before the Honorable Douglas F. Eaton of this district and allocuted to the conduct charged in both counts of the superseding indictment filed that same date, consisting of two counts of conspiracy to launder narcotics proceeds in violation of 18 U.S.C. §§ 1956(a)(1)(B)(i) and 1956(h). Ospina's plea was accepted on December 10, 2001. Ospina will be sentenced to forty-one months' imprisonment and three years' supervised release. A special assessment fee of $200 is mandatory and is due immediately.

Background

  The undersigned, having reviewed the Presentence Investigation Report prepared by the United States Probation Office, relies on the facts as set forth therein. The Offense Conduct

  Ospina was a member of a money laundering organization involving at least five co-conspirators in the New York City area from at least 1998 through November 2000. The organization's money-laundering activities were rooted in what is commonly referred to by law enforcement as the Black Market Peso Exchange ("BMPE"). The BMPE is an illegal currency exchange process which operates parallel to the official exchange system controlled by the Colombian government by affording individuals in Colombia who seek to purchase U.S. dollars a means to do so at rates of exchange more favorable than those offered through legitimate commercial channels.

  The members of the money-laundering organization collected narcotics proceeds in the New York area from co-conspirators acting on behalf of Colombian drug traffickers. The cash would then be laundered by forwarding the proceeds' equivalent in pesos to traffickers or their representatives in Colombia through various means. Ospina assisted the money-laundering organization by physically transporting currency and money orders.

  According to the government, the conspiracy involved the laundering of almost $600,000 in narcotics proceeds. At her allocution, Ospina admitted to laundering approximately $250,000 as part of this money-laundering organization. Ospina was arrested on November 29, 2000.

  The Defendant

  Ospina was born in Colombia in 1944 and came to the United States in 1969. She became a naturalized U.S. citizen in 1992. In the interim, she married Jerome Diamond ("Diamond"). Ospina and Diamond have three children.

  Ospina was recently diagnosed with breast cancer and she has been receiving treatment for depression since 2001. She has no reported history of substance abuse.

  According to Ospina's financial affidavit, she has a negative net worth, based in large part on credit card debt, a mortgage on the family's home, and debt to health-care providers. She also has a negative net monthly cash flow and a number of judgments and collection accounts against her.

  According to the Federal Bureau of Investigation and the New York State Division of Criminal Justice Services, Bureau of Identification, Ospina has no prior criminal convictions. The Guidelines

  The November 1, 2000 edition of the United States Sentencing Commission, Guidelines Manual ("U.S.S.G.") has been utilized in this case for calculation purposes, in accordance with U.S.S.G. § 1B1.11(b)(1).

  The guideline for a violation of 18 U.S.C. § 1956(h) is found in U.S.S.G. § 2S1.1. Pursuant to U.S.S.G. § ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.