Hearing where Hugo "El Pollo" Carvajal pleaded guilty (transcript, June 25, 2025)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------x UNITED STATES OF AMERICA, v. 11 Cr. 205 (AKH) HUGO ARMANDO CARVAJAL BARRIOS, a/k/a "El Pollo," Plea Defendant. ------------------------------x New York, N.Y. June 25, 2025 2:30 p.m. Before: HON. ALVIN K. HELLERSTEIN, District Judge APPEARANCES JAY CLAYTON United States Attorney for the Southern District of New York BY: KAYLAN LASKY NICHOLAS BRADLEY KEVIN SULLIVAN Assistant United States Attorneys LAW OFFICES OF ROBERT FEITEL Attorneys for Defendant BY: ROBERT FEITEL Also Present: Special Agent Michael Stanton, DEA Special Agent Sarah Devine-Powell, DEA Humberto Garcia, Interpreter (Spanish) Jill Hoskins, Interpreter (Spanish) SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

THE COURT: Be seated, please. (Case called) MR. BRADLEY: Good afternoon, your Honor. Nicholas Bradley, Kaylan Lasky, and Kevin Sullivan for the government. We're joined at counsel table by Paralegal Specialist Sabrina Jim and DEA Special Agents Michael Stanton and Sarah Devine-Powell. THE COURT: Good afternoon. You're all alone, Robert. MR. FEITEL: Good afternoon, your Honor. I left my team at home. I came by myself. Robert Feitel for defendant, Hugo Carvajal. Mr. Carvajal is present, and he has indicated that he can hear the translation into his native language of Spanish. He's ready to proceed, your Honor. THE COURT: Thank you, Mr. Feitel. We have a Spanish-English interpreter, Ms. Hoskins and Humberto Garcia. OK. There we go. I understand, Mr. Carvajal, that you expressed an interest to change your plea from not guilty to guilty. Is that correct? THE DEFENDANT: That is correct, your Honor. THE COURT: And the government has given through counsel, to Mr. Carvajal what we call a Pimentel letter outlining the government's opinions with regard to a potential plea if Mr. Carvajal would plead guilty to all of the four SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

counts of the superseding indictment. That letter is June 23, 2025. Mr. Feitel, have you received that letter? MR. FEITEL: Yes, I have, your Honor, and I've reviewed its contents with my client. THE COURT: OK. Thank you. All right. In order to accept a guilty plea, Mr. Carvajal, I have to administer an oath to you requiring you to answer all questions put to you with the truth, the whole truth, and nothing but the truth. If you fail to do that, you expose yourself to more penalties. So the first question is whether you wish to proceed under oath. THE DEFENDANT: Yes, your Honor. THE COURT: If you would please, Ms. Joseph will administer an oath to you. (Defendant sworn) THE DEPUTY CLERK: Thank you, you may be seated. When you are seated, please state your full name for the Court. THE DEFENDANT: Hugo Armando Carvajal-Barrios. THE COURT: How old are you, Mr. Carvajal? THE DEFENDANT: Sixty-five years old. THE COURT: Are you married? THE DEFENDANT: Divorced, your Honor. THE COURT: Do you have any dependent children? THE DEFENDANT: Yes, your Honor. THE COURT: How old are they? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

THE DEFENDANT: I have three children from my marriage. I have a 39-year-old daughter -- THE COURT: Excuse me. I asked only for dependent children, that is, under the age of 21. Do you have any children under the age of 21? THE INTERPRETER: The interpreter would like to have the last part of what your Honor said repeated. How long are you seeking? THE DEFENDANT: I have three minor children, a daughter who is 13 years old; I have one who is nine, and then a daughter who is seven years old, and two adopted children who are ten years old. THE COURT: Do they live with their mother or mothers? THE DEFENDANT: Yes, your Honor. THE COURT: I understand that you are a citizen of Venezuela, is that correct? THE DEFENDANT: Yes, your Honor. THE COURT: And you are not a citizen of the United States? THE DEFENDANT: No, your Honor. THE COURT: You have a right to consult with counsel with the consulate of Venezuela or any other country before I proceed further. Do you wish to take advantage of that right? THE DEFENDANT: No, your Honor. THE COURT: So I may proceed? You waive the right to SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

consult with consulate? In order for me to accept the guilty plea, as I said before, I have to ask you a number of questions. The purpose of these questions is to make sure you understand the four counts that have been alleged against you in the superseding indictment; that your plea is voluntary; that you understand the consequences of the plea; and that there is an independent basis in fact to support the plea. So I'll proceed with these questions. First, since these allegations make allegations regarding narcotics and since you are not a citizen of the United States, in likelihood if you plead guilty and are found guilty, you are likely to be deported from the United States. Do you understand that? THE DEFENDANT: Yes, your Honor. THE COURT: Would the government summarize one by one the four counts of which Mr. Carvajal has been indicted? MR. BRADLEY: Yes, your Honor. Just a brief summary? THE COURT: A summary would be good. MR. BRADLEY: Yes, sir. THE COURT: Face Mr. Carvajal because he is the one who has to understand it. MR. BRADLEY: Yes, your Honor. Your Honor, Count One charges the defendant with conspiracy to commit narco-terrorism involving 5-kilograms or SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

more of cocaine in at least in or about 1999 up to and including in or about 2014 -- THE COURT: Mr. Bradley, this has to be interpreted line by line, so phrase it so it can be interpreted. Start again. MR. BRADLEY: Your Honor, Count One charged the defendant with participating in a conspiracy to commit narco-terrorism involving 5 kilograms and more of cocaine from at least 1999 up to and including in or about 2014. That's in violation of a statute called Title 21 of the United States Code, Section 960(a). THE COURT: You understand that count, Mr. Carvajal? THE DEFENDANT: Yes, your Honor. THE COURT: You've read it before, have you not? THE DEFENDANT: Yes. THE COURT: And you've discussed it with Mr. Feitel? THE DEFENDANT: Yes, your Honor. THE COURT: Count Two. MR. BRADLEY: Thank you. Count Two of the indictment charges the defendant with participating in a conspiracy from at least in or about 1999 up to and including in or about 2019 to import 5 kilograms and more of cocaine into the United States and into the customs territory of the United States; to manufacture, distribute and possess with intent to distribute 5 kilograms and more of SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

cocaine; intending, knowing, and having reasonable cause to believe that that cocaine would be unlawfully imported in the United States; and to manufacture, distribute, and possess with intent to distribute 5 kilograms and more of cocaine on board an aircraft registered in the United States. That's in violation of Title 21 of the United States Code, Section 963. THE COURT: Are you familiar with that count, Mr. Carvajal? THE DEFENDANT: Yes, your Honor. THE COURT: And you've discussed it with Mr. Feitel? THE DEFENDANT: Yes, your Honor. THE COURT: Count Three. MR. BRADLEY: Count Three of the indictment charges the defendant with possession of machine guns and destructive devices from at least in or about 1999 up to and including in or about 2019 during and in relation to and in furtherance of the drug trafficking crimes charged in Counts One and Two of the superseding indictment. That's in violation of Title 18 of the United States Code, Section 924(c). THE COURT: Similarly, Mr. Carvajal, are you aware of that count? THE DEFENDANT: Yes, your Honor. THE COURT: And you've discussed that with Mr. Feitel? THE DEFENDANT: Yes, your Honor. THE COURT: Count Four. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

MR. BRADLEY: Count Four charges the defendant with participating in a conspiracy from at least in or about 1999 up to and including in or about 2019 to possess machine guns and destructive devices during and in relation to and in furtherance of the drug trafficking crimes charged in Counts One and Two of the superseding indictment. That's in violation of Title 18 of the United States Code, Section 924(o). THE COURT: And are you familiar with that count? THE DEFENDANT: Yes, your Honor. THE COURT: And you've discussed that with Mr. Feitel? THE DEFENDANT: Yes, your Honor. THE COURT: Thank you, Mr. Bradley. Tell me about your education, Mr. Carvajal. How far in school did you go? THE DEFENDANT: College, your Honor. THE COURT: Did you finish college? THE DEFENDANT: Yes, your Honor. THE COURT: And you have the ability to read and understand Spanish? THE DEFENDANT: Yes, your Honor. THE COURT: Any other languages? THE DEFENDANT: No. THE COURT: And you, with the aid of an interpreter, are able to understand these proceedings? THE DEFENDANT: Perfectly fine. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

THE COURT: OK. Coming into today, have you had any narcotics or medicines or anything else that can blur your thinking? THE DEFENDANT: No, your Honor. THE COURT: Are you clear minded? THE DEFENDANT: Yes, your Honor. THE COURT: Have you discussed this case and its four counts with Mr. Feitel? THE DEFENDANT: Yes, your Honor. THE COURT: Are you satisfied with his services? THE DEFENDANT: Yes, your Honor. THE COURT: Has anyone put you into fear causing you to want to plead guilty? THE DEFENDANT: No, your Honor. THE COURT: Has anyone made any promises to you of what would happen if you were to plead guilty? THE DEFENDANT: No, your Honor. THE COURT: Are you offering to plead guilty because it's your own decision with the help of Mr. Feitel's advice? THE DEFENDANT: Yes, your Honor. It's because of the comment that you made at the last hearing. THE COURT: What comment was that? THE DEFENDANT: That I would be able to plead guilty or not if I wished. THE COURT: Well, you do understand that you were not SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

being compelled to plead guilty? THE DEFENDANT: I understand, your Honor. THE COURT: And you understand that you have a full right under the Constitution of the United States to plead not guilty and to require the government to prove guilt against you beyond a reasonable doubt and to the satisfaction unanimously of a jury? THE DEFENDANT: Yes, your Honor. THE COURT: So is it because I said that you could plead guilty that you are pleading guilty today or because you want to plead guilty? THE DEFENDANT: Because I want to, your Honor. THE COURT: It's your decision. THE DEFENDANT: Yes, your Honor. THE COURT: And is it your belief that I'm compelling you in any way to plead guilty? THE DEFENDANT: No, your Honor. THE COURT: The decision to plead guilty is your voluntary act, is that right? THE DEFENDANT: Right. THE COURT: Without any promises having been made to you, right? THE DEFENDANT: Right, your Honor. THE COURT: OK. Now, do you understand that under the Constitution you have a presumption of innocence, and that you SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

cannot be found guilty of the crimes charged except if the government proves your guilt beyond a reasonable doubt to the satisfaction unanimously of a jury? THE DEFENDANT: Yes, your Honor. THE COURT: And do you understand that you have a right to counsel in all aspects of this criminal case and that if you can't afford a lawyer, the government will provide a lawyer free of charge? THE DEFENDANT: Yes, your Honor. THE COURT: And with the help of the lawyer, you could confront all witnesses against you. You can cross-examine them. You can require anyone having favorable information to come to the trial and testify whether that person wishes to do so or not, and that you yourself could testify if you wish to. But if you didn't wish to, you won't have to, and no inference could be drawn against you. THE DEFENDANT: I understand, your Honor. THE COURT: But if you plead guilty, you give up those rights. Do you understand? THE DEFENDANT: Yes, your Honor. THE COURT: Now, Mr. Bradley, would you tell Mr. Carvajal what is the maximum exposure that he faces with regard to these four counts? MR. BRADLEY: Yes, your Honor. Would you prefer I face the defendant during that? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

THE COURT: Yes, I do. MR. BRADLEY: OK. So first, for Count One, the narco-terrorism conspiracy, that carries a maximum term of imprisonment of life, a mandatory minimum term of 20-years imprisonment, a maximum term of supervised release of life, a mandatory minimum term of supervised release of five years, and a maximum fine comprised of the greatest of $250,000, twice the gross pecuniary gain derived from the offense or twice the gross pecuniary loss to persons other than the defendant resulting from the offense, and a mandatory $100 special assessment. THE COURT: Go onto Count Two. MR. BRADLEY: Count Two, that's the narcotics importation conspiracy. That carries a maximum term of imprisonment of life, a mandatory minimum term of imprisonment of ten years, a maximum term of supervised release of life, a mandatory minimum term of supervised release of five years, and a maximum fine of the greatest of $10 million, twice the gross pecuniary gain derived from the offense, or twice the gross pecuniary loss to persons other than the defendant resulting from the offense, and a $100 mandatory special assessment. THE COURT: Count Three. MR. BRADLEY: Count Three carries a maximum term of imprisonment of life, a mandatory minimum term of imprisonment of 30 years, which is to run consecutively to any other term of SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

imprisonment imposed, a maximum term of supervised release of five years, a maximum fine of the greatest of $250,000, twice the gross pecuniary gain derived from the offense, or twice the gross pecuniary loss to a person other than the defendant, and a mandatory $100 special assessment. THE COURT: Is there a minimum for supervised release in Count Three? MR. BRADLEY: No, your Honor. THE COURT: Count Four. MR. BRADLEY: As to Count Four, that carries a maximum term of imprisonment of life, a maximum term of supervised release of five years, and a maximum fine of the greatest of $250,000, twice the gross pecuniary gain derived from the offense, or twice the gross pecuniary loss, and a mandatory special assessment. So in total, the maximum sentence of incarceration on Counts One, Two, Three and Four of the superseding indictment is life imprisonment with a mandatory minimum term of 20-years imprisonment, to be followed by an additional mandatory minimum term of 30-years imprisonment on Count Three, which must run consecutively to any other term of imprisonment imposed. So the aggregate or total mandatory minimum term of incarceration is 50 years imprisonment. THE COURT: Are you aware of these statutory penalties, Mr. Carvajal? THE DEFENDANT: Yes, your Honor. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

THE COURT: I have a certain amount of discretion. I can't give you less than the mandatory minimum for each count, and, of course, I can't give you more than life. I don't know what I would do with this case or how I will sentence. It could be that you will be disappointed by my sentence, but if I accept your sentence today, you are bound by it, whether you're disappointed or not. Do you understand that? THE DEFENDANT: Yes, your Honor. THE COURT: Next, Mr. Bradley, would you tell Mr. Carvajal what are the requirements of proof for each of these four counts? MR. BRADLEY: Yes, your Honor. THE COURT: And then how you would tend to prove each of the counts. MR. BRADLEY: Yes, your Honor. I'll start by going through the elements of each count. THE COURT: Yes. MR. BRADLEY: As to Count One, the narco-terrorism conspiracy, this crime has three elements that the government must prove beyond a reasonable doubt: First, that there was an unlawful agreement or understanding between two or more people to distribute 5 kilograms or more of cocaine or possess with the intent to distribute 5 kilograms and more of cocaine, knowing or intending to provide something of pecuniary value to the FARC; SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

that's the revolutionary armed forces of Colombia; second, that the defendant knowingly and intentionally joined in that agreement; and third, that one of the jurisdictional elements of the statute is satisfied; here specifically, that after the conduct required for the offense occurred, an offender was brought into or found in the United States. That's for Count One. Count Two, that's the narcotics importation conspiracy. This crime has three elements: First, that there was an unlawful agreement or understanding between two or more persons to import cocaine into the United States, or to manufacture or distribute cocaine while knowing or intending that it would be unlawfully imported into the United States, or to manufacture, distribute, or possess with intent to distribute cocaine onboard an aircraft registered in the United States; second, that the defendant knowingly and intentionally joined in that agreement; and third, that the conspiracy or agreement involved at least 5 kilograms or more of cocaine. That's Count Two. As to Count Three, this is the charge of using, carrying, and possessing machine guns and destructive devices. This crime has three elements: First, that the defendant committed the drug trafficking crimes charged in Counts One and Two of the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

superseding indictment, the elements of which I've just described; second, that the defendant knowingly used or carried a firearm during and in relation to the drug trafficking charges charged in Counts One and Two, or possessed a firearm in furtherance of drug trafficking crime as charged in Counts One and Two, or aided and abetted another in such use, carrying, or possession; and third, that the offense involved a machine gun or destructive device. That's Count Three. As to Count Four, this is the conspiracy to use or carry machine guns or destructive devices. This crime has three elements: First, that there was an agreement or understanding between two or more persons to use or carry a firearm during and in relation to the drug trafficking crimes charged in Counts One and Two, or to possess a firearm in furtherance of the drug trafficking crimes charged in Counts One and Two; second, that the defendant knowingly and intentionally joined in that agreement; and third, that the offense involved the machine gun or destructive device. That's for Count Four. In addition to that, the government would need to prove by a preponderance of the evidence that venue is appropriate in the Southern District of New York. And should SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

the case proceed to trial -- THE COURT: How would you go about proving all these propositions? MR. BRADLEY: Yes, your Honor. If the case were to proceed to trial, the government would expect to present, among other things, the following evidence: Testimony from multiple witnesses describing the defendant engaging in large-scale cocaine trafficking, including deals involving planes and boats filled with thousands of kilograms of cocaine leaving Venezuela under the defendant's protection bound for the United States; testimony from witnesses regarding the defendant's cocaine trafficking with the FARC, and agreements to supply the FARC with weapons, including automatic rifles and explosive devices, including in exchange for cocaine; testimony from expert witnesses regarding international drug trafficking routes, the cocaine manufacturing process, and the capabilities of machine guns and destructive devices used by the defendant and others in furtherance of their cocaine trafficking; electronic evidence seized from a FARC encampment showing correspondence between FARC leadership describing meetings with defendant and his agreement to supply the FARC with weapons; SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

testimony from a witness regarding the defendant orchestrating the kidnapping and torture of that witness before he could travel out of Venezuela to meet with U.S. law enforcement regarding FARC-related drug trafficking; law enforcement testimony regarding how a joint offender and coconspirator of the defendant was first brought to the Southern District of New York; and finally, photos, law enforcement testimony, and other evidence regarding the seizure in Mexico of over 5 tons of cocaine on a plane that was dispatched by the defendant and his coconspirators from Venezuela to Mexico. THE COURT: And venue? MR. BRADLEY: As to venue, your Honor, the government would anticipate introducing law enforcement testimony showing that a joint offender and coconspirator of the defendant was first brought to the United States into the Southern District of New York, satisfying the first-brought statute. That's Title 18 of the United States Code, Section 3238. THE COURT: Mr. Carvajal, returning to the issue of sentencing, the Pimentel letter, which I mentioned before, spells out in pages 2 and 3 the various considerations that are set out in the sentencing guidelines and that help me consider the appropriate sentence to be given to you. They're not binding. They're suggestive of what I have to do. I'd like to go over those with you starting on page 2 at the very bottom SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

and going on to page 3. First, instead of separately considering the counts that are roughly the same, Counts One, Two and Four are grouped together, and together they add up to an accusation of an importation of 450 kilograms of cocaine at least with a base level of 38. Now, these guidelines rank all federal offenses from the most minor to the most severe. The level appropriate to this count is considered number 38, which is very near the top, very near the most severe. Because firearms were possessed, an increase of two levels is appropriate. Because violence or a credible threat to use violence was involved, another two levels are adjusted upwards. Because an aircraft other than a regularly scheduled commercial air carrier was used, still another two levels are adjusted upwards. Because you allege to have maintained a premises for the purpose of manufacturing or distributing a controlled substance, another two levels can be adjusted upwards. Because there were or there will be proof of witness intimidation, tampering of evidence, destruction of evidence, and it lists such activities, as part of a pattern of criminal conduct which you engage in as a livelihood, still another two levels are adjusted upwards. Because the felony involved also promoted the federal crime of terrorism, another 12 levels are adjusted upwards, and because you were an organizer or a leader of a criminal activity that involved five or more participants SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

or was otherwise extensive, still another four levels could be adjusted upwards. Because you abused the position of public trust in a manner that significantly facilitated the commission or concealment of the offense, still another two levels is adjusted upwards, and that would bring you just beyond or the highest level of the sentencing guidelines. In addition, Count Three, which is discussed on page 4 of the letter, will impose a 360-month term of imprisonment required before two sections of the United States Code consecutive to the imprisonment for Counts One, Two and Four. The entire calculation comes to an offense level of 66, but since it's higher than 43, anything higher doesn't count. You have no criminal history points. You were in criminal history category VI because of the offensive nature of these offenses. All of this brings you to a mandatory minimum sentence of 20 years to be followed by an additional mandatory minimum term of 30 years or 50 years and a maximum of life. So my discretion is between 50 years and life, not a very happy discretion for anybody. Do you understand all this? THE DEFENDANT: Yes, your Honor. THE COURT: And you've discussed it with Mr. Feitel, have you? THE DEFENDANT: Yes, your Honor. THE COURT: Plus, the possibility of a fine between $50,000 and $10 million. Plus supervised release in the terms SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

that Mr. Bradley read out, which is something that happens after you finish your term of sentence. There are conditions attached. If you breach one of those conditions or more, a hearing can take place, and you could be sent to jail even again. Do you understand all of this? THE DEFENDANT: Yes, your Honor. THE COURT: And also, the prospect of deportation after you finish your jail term. Do you understand? THE DEFENDANT: Yes, your Honor. THE COURT: There will be a sentencing hearing, if you plead guilty and I accept the plea, about three to four months from now at which time I will consider all of this and decide the appropriate sentence to give to you. At that time, you and Mr. Feitel can tell me anything you think is appropriate to be told, and I will take all of that into consideration. Now, Mr. Feitel, you've heard Mr. Bradley's comments about what he has to prove and how he can prove it. Do you believe that Mr. Bradley can prove a prima facie case on each of these four counts against your client? MR. FEITEL: Yes, your Honor, and I consulted with my client. We believe the government can prove a prima facie case on the four counts charged. THE COURT: And you have no defenses to trump those proofs? MR. FEITEL: No, your Honor. My client has made what SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

I think is a considered decision to plead guilty to the charges. THE COURT: Mr. Carvajal, are you offering to plead guilty because you believe that you are, in fact, guilty of each of those four counts? THE DEFENDANT: Yes, your Honor. THE COURT: At this point, I would ask you to tell me in your own words what causes you to be guilty. I suspect that you and Mr. Feitel have worked out a statement. I'll be glad to hear it. MR. FEITEL: Your Honor, if I might preface my client's statement? THE COURT: You can sit, Mr. Feitel. MR. FEITEL: Excuse me, your Honor? THE COURT: You can sit. MR. FEITEL: Your Honor is a federal judge. It's appropriate to stand. THE COURT: Stand at the podium. MR. FEITEL: Your Honor, before my client allocutes against himself, I just wanted to let your Honor know that we received the government's Pimentel letter. We recognize it's just a suggestion, but in order to advance whatever possible defenses we have, my client is going to admit to the smallest quantity of evidence necessary to admit guilt for each of four counts in the indictment. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

He's not going to give a very long oration about what it was that he did because we're going to reserve our rights to challenge some of the government's proposed upward adjustments. I just wanted your Honor to know that he's not going to speak in great detail, and I hope that is acceptable with the Court. He is going to admit to the elements of each of the offenses. THE COURT: I had planned to question him on each of these adjustments. For example, paragraph 3 mentions 450 kilograms of cocaine. MR. FEITEL: As to that, I would ask your Honor to forgo it. We want to reserve our rights to challenge. We are not agreeing to the Pimentel letter. As your Honor suggested, it's just a suggestion from the government. My client is going to admit to participation in the underlying conspiracy, which is 5 kilograms or more. I believe that's sufficient in a case where there's not a plea agreement for the Court to accept my client's guilty plea, and I would ask you to do just that without further elaboration at this point. THE COURT: Which means that I may be faced with a trial at the sentencing stage? MR. FEITEL: It's impossible to predict precisely. I don't want to create work, but given some of the mandatories and the way this works out, there may be a resolution. But at this point, I would like to reserve my client's rights to challenge some of the proposed upward adjustments suggested by SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

the government in the Pimentel letter, which I believe is appropriate under the circumstances. THE COURT: The consequence of that is that you change the burden of proof unfavorably to your client. If the government has to prove all these points at the trial, it has to prove it beyond a reasonable doubt. But at a Fatico hearing in sentencing, the burden of proof is preponderance of the evidence. So why would you want to defer this contest until the sentencing stage and not do it at trial? MR. FEITEL: I believe that my client would not be the first defendant, nor will he be the last, who has decided to make this decision. We discussed the -- THE COURT: Mr. Feitel, I have every respect for you as a lawyer. I know you. I know that you work very hard for your clients, and you work intelligently, so I respect your decision. I'm just pointing this out because you may be giving up an advantage that your client has. MR. FEITEL: I greatly respect your Honor's comments. I think in balance under the circumstance of this case, this is an appropriate strategy to proceed. I have participated in other sentencings -- in other guilty plea proceedings rather where there was no plea agreement, and this is the manner that my client and I wish to proceed. Sufficient evidence to admit to culpability for the essential elements of the offense, as articulated by the government, without an agreement to anything SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

more. THE COURT: What is the government's position, Mr. Bradley? MR. BRADLEY: We agree with Mr. Feitel, your Honor. THE COURT: Sorry. I didn't hear you. MR. BRADLEY: We agree with Mr. Feitel, your Honor, specifically that provided the defendant makes a sufficient allocution of the essential elements of the offenses in Counts One through Four, that would be acceptable for the purposes of today's plea. With regard to the sentencing enhancements, they are, of course, set forth in a Pimentel. The defendant is not agreeing to them, and those sentencing enhancements and their applicability would be proven by a preponderance at sentencing regardless of whether the defendant proceeded to trial. THE COURT: What is the government's position going to be with respect to one additional point for acceptance of responsibility on a timely basis? Let me speak so Mr. Carvajal understands. One benefit of pleading guilty is that there are potentially three points that are reduced from the calculation of the sentencing guidelines; two or acceptance of responsibility because by pleading guilty, you accept the responsibility of the charges when you decide not to accept them. That gives you a downward adjustment of two, so it brings your calculation down. In addition, if you do this on a timely basis and the government SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

agrees with that; namely, that you do it sufficiently in advance of trial to save the government from the time and burden of preparation, you could possibly get an additional point reduced. And therefore, I ask Mr. Bradley what is the government's position with regard to that one extra point, the deduction. Do you understand, Mr. Carvajal? THE DEFENDANT: Yes, your Honor. MR. BRADLEY: We're considering that, your Honor, with regard to that last point. It is a week or less than a week before trial. I would note that -- THE COURT: That's why I asked you the question. MR. BRADLEY: Right. I don't think we have a firm answer on that. I would note that for the purposes of the guidelines calculations, I wouldn't expect that that final point would change anything. THE COURT: Right. OK. Let's proceed, Mr. Feitel. THE DEFENDANT: Your Honor, for the first charge, I admit that I conspired with others to possess with the intent to distribute -- THE COURT: I'm afraid I can't hear you, Ms. Hoskins. Can you get a microphone? THE INTERPRETER: Of course, your Honor. THE COURT: It might be easier, Ms. Hoskins, if you were to sit closer to the mic. THE INTERPRETER: Certainly, your Honor. Beginning SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

again. THE DEFENDANT: I admit that I conspired with others to possess with the intent to distribute 5 kilograms or more of cocaine knowingly and with the intention to provide something of value to the group known as FARC, and I knew that the FARC was involved in terrorist activities. As far as the second count -- THE COURT: Before you get to the second count, the indictment alleges that you were director of Venezuela's military intelligence agency known as the Direccion de Inteligencia Militar between 2004 and 2011. Is that correct? THE DEFENDANT: Yes, with one proviso, your Honor. THE COURT: Yes. THE DEFENDANT: It doesn't change the fundamentals but in 2008, I was transferred to the counterintelligence unit, and the military intelligence agency went fully under the control of another person. THE COURT: And after 2013, you again became the director of the Direccion de Inteligencia Militar, is that correct? THE DEFENDANT: No, military counterintelligence, which is something completely different. THE COURT: OK. Were you one of the leaders of management that manages the cartel known as Cartel de Los Soles organization in Venezuela? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

MR. FEITEL: Your Honor, as to this, I would like to object. These are questions that -- THE COURT: OK. I accept. MR. FEITEL: Thank you, your Honor. THE COURT: Mr. Bradley, is there anything else you want me to do? MR. BRADLEY: Not as to Count One, your Honor. THE COURT: I'm ready for Count Two. THE DEFENDANT: As far as the second count, I admit that I conspired with others to possess with the intent to distribute 5 kilos or more of cocaine knowing and with the intention that the cocaine would be imported illegally to the United States. THE COURT: Is that satisfactory, Mr. Bradley? MR. BRADLEY: Yes, as to Count Two, your Honor. THE COURT: Count Three. THE DEFENDANT: For Count Three, I admit that knowingly I carried a firearm, that is, a machine gun, in relation to its conspiracies charged in Counts One and Two in this case. THE COURT: In furtherance of that conspiracy? THE DEFENDANT: Yes, your Honor. THE COURT: Mr. Bradley? MR. BRADLEY: No additional questions as to Count Three. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

THE COURT: Sorry? MR. BRADLEY: The government is satisfied as to Count Three. THE COURT: Count Four. THE DEFENDANT: For Count Four, I admit that I conspired with others to possess a machine gun as part of the conspiracy charged in Counts One and Two of my case. THE COURT: Mr. Bradley? MR. BRADLEY: The government is satisfied as to Count Four. THE COURT: Do you need anything on venue? MR. BRADLEY: Two things. First, with regard to venue -- THE COURT: You can ask Mr. Carvajal. MR. FEITEL: Your Honor, again, not to interrupt Mr. Bradley, I believe we indicated that we were going to stipulate. I apologize for interrupting if I stole your thunder. I'm not sure my client -- I discussed this with him briefly. But the standard is first brought, and there was no principal argument against somebody else being first brought to this jurisdiction. We were going to stipulate as to -- THE COURT: You agree there was venue? MR. FEITEL: Yes, your Honor. There was no argument to the contrary that I could think to make, so yes. MR. BRADLEY: My only other related point, your Honor, SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

as to Count One is that the defendant is not contesting the jurisdictional element as to the narco-terrorism count, which specifically is that after the offense had taken place, an offender was brought to the United States. MR. FEITEL: We agree to all those. Those are objective facts, your Honor. THE COURT: OK. MR. BRADLEY: And the last point, your Honor, and this is just a little broader, I would just make sure that the defendant understands the Court's authority to order forfeiture and restitution as to each of the counts in the superseding indictment. THE COURT: Is there any restitution in this case? MR. BRADLEY: We believe there may be a basis for restitution as to one of the victims, the one that I mentioned had been tortured. I believe we would have a better understanding of what that amount might be closer to sentenced and the same as to forfeiture as well. THE COURT: Do you understand, Mr. Carvajal, that if any person is a victim and has injury and the government seeks restitution, there may be an order requiring you to pay restitution to that victim? Do you understand that? THE DEFENDANT: Yes. I understand, your Honor. THE COURT: And if the government finds any property or money in your possession that are the fruits of a crime or SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

the criminal proceeds directly, the government can cause them to be forfeited to the government. Do you understand that? THE DEFENDANT: Yes, your Honor. THE COURT: Mr. Bradley, anything else? MR. BRADLEY: Not from the government, your Honor. THE COURT: Mr. Feitel? MR. FEITEL: No, your Honor. THE COURT: Mr. Carvajal, I accept your plea of guilty to each of the four counts. I instruct the clerk to enter the plea of guilty to each of those four counts, and you are adjudged guilty of each of those four counts. I find that your plea is voluntary, that you understand the consequences, and that there is an independent basis of fact to support each of the four counts and the plea of guilty to each of the four counts. I order a probation report and the preparation of a sentencing report. If there's an interview with a client, I order that Mr. Feitel be given notice so that he may attend if he or his client wishes him to attend, and I order Mr. Bradley to provide the probation officer with a copy of this allocution prior to any interview. Sentencing will occur -- THE DEPUTY CLERK: October 1, 2025, at 10:30 a.m. THE COURT: It's the day before Yom Kippur, Mr. Feitel. MR. FEITEL: Excuse me, your Honor. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

THE COURT: It's the day before Yom Kippur. MR. FEITEL: That would be problematic because I would have to be here and then go back. More problematic is I have a trial starting the Tuesday after Labor Day. THE COURT: When would you like to have the sentencing? MR. FEITEL: Closer to the end of October with a date that is good for your Honor. THE COURT: Is that OK with you, Mr. Bradley? MR. BRADLEY: Yes, your Honor. I think I would just ask, because Mr. Feitel previewed that a Fatico seems quite likely, that as long as the Court is prepared to hold an evidentiary hearing during that time. THE COURT: I have a trial ongoing during that period, so I can't predict, but I'm sure we'll find time for a Fatico if one is necessary. MR. BRADLEY: Understood, your Honor. THE COURT: Would you like it at the end of October, Mr. Feitel? MR. FEITEL: Yes, your Honor. THE COURT: I think we can oblige. THE DEPUTY CLERK: October 29, 2025, at 10:30 a.m. MR. FEITEL: That's good for the defense, your Honor. MR. BRADLEY: And for the government. THE COURT: Thank you, all. These proceedings are SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

closed. (Adjourned) o0o SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300