Case 1:15-cr-00379-PKC Document 423 Filed 01/27/22 Page 1 of 20

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK
- - - - - - - - X

UNITED STATES OF AMERICA SUPERSEDING INDICTMENT

- V . - S7 15 Cr . 379 (PKC)

JUAN ORLANDO HERNANDEZ ,

a/k/a " JOH ,"

Defendant .

- - - - - - - - - - - - - - - - - - - - X

COUNT ONE
(Cocaine Importation Conspiracy)

The Grand J u ry charges :

Overview

1. JUAN ORLANDO HERNANDEZ , a/k/a " JOH ," the defendant ,

is a former member of the National Congress of Honduras and the

former president of Honduras . From at least in or about 2004 , up

to and including in or about 2022 , HERNANDEZ participated in a

corrupt and violent drug - trafficking conspiracy to facilitate the

importation of tons of cocaine into the Un i ted States .

2. As part of that conspiracy , JUAN ORLANDO HERNANDEZ ,

a/k/a " JOH ," the defendant , received mill i ons of dollars from

multiple drug - traff i cking organizations in Honduras , Mexico , and

elsewhere , including from the former leader of the Sinaloa Cartel ,

Joaquin Gu zman Loe r a , a/k/a " El Chapo " (" Guzman Loera " ) . HERNANDEZ
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used those drug - trafficking proceeds to enrich himself , finance

his political campaigns , and commit voter fraud , including in

connection with the 2013 and 2017 Honduran presidential elections .

In exchange , HERNANDEZ protected drug traffickers , including his

brother and former member of the Honduran National Congress Juan

Antonio Hernandez Alvarado , a/k/a " Tony Hernandez " ("Hernandez

Alvarado " ) , from investigation , arrest , and extradition ; caused

sensitive law enforcement and military information to be provided

to drug traffickers to assist their criminal activities ; caused

members of the Honduran National Police and military to protect

drug shipments in Honduras; and allowed brutal v iol ence to be

committed without consequence .

3. In the process , JUAN ORLANDO HERNANDEZ , a/k/a

"JOH ," the defendant , abused his position as the president of

Honduras to operate the country as a narco - state , in order to

enrich himself and corruptly gain and maintain power ; corrupted

the legitimate institutions of Honduras , including parts of the

Honduran National Police , military , and National Congress ; and ,

while publicly purporting to be an ally of the United States ,

contributed with his co - conspirators to Honduras becoming one of

the largest transshipment points in the world for United States -

bound cocaine .

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Means and Methods of the Drug-Trafficking Conspiracy

4. In furtherance of the drug - trafficking conspiracy ,

at various times between in or about 2004 and in or about 2022 ,

JUAN ORLANDO HERNANDEZ , a/k/a " JOH ," the defendant , and other

members of the conspiracy organized and executed their drug -

trafficking activities including as follows :

a. Since at least in or about 2004 , multiple

drug - trafficking organizations in Honduras and elsewhere worked

together to receive multi - ton loads of cocaine sent to Honduras

from , among other places , Colombia and Ve nezuela , via maritime and

air routes . The maritime shipments were shipped north from

Venezuela ' s coastl ine using go - fast vessels , fishing boats , and

container ships . Air shipments were often shipped from clandestine

airstrips , typically made of dirt or grass , in Colombia and

Venezuela , and received at similar clandestine airstrips in

Honduras . Once the cocaine arrived in Honduras , drug - trafficking

organizations transported the drugs westward in Honduras toward

the border with Guatemala and eventually to the United States .

b. Since at least in or about 2004 , members of

the conspiracy transported through Honduras more than

approximately 500 , 000 kilograms of United States - bound cocaine .

In order to achieve safe passage through Honduras for those

enormous cocaine shipments , drug - trafficking organ izations

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obtained the support , protection , and direct participation of

certain prominent Honduran public officials , including HERNANDEZ.

c. Drug traffickers paid bribes to HERNANDEZ and

other public officials , including to other past presidents of

Honduras and to members of the National Congress of Honduras ,

Honduran National Police , and Honduran military . In exchange ,

public officials , including HERNANDEZ , provided drug traffickers

with , for example , protection from investigation and arrest , and

access to law enforcement and military information , including data

from flight radar in Honduras , which enabled drug traffickers to

evade detection by Honduran authorities .

d. HERNANDEZ , along with other prominent public

officials , coordinated with drug traffickers in furtherance of the

conspiracy in order to , among other things : transport and

distribute these large cocaine shipments ; enlist and cause others

to provide heavily armed security to protect members of the

conspiracy , their cocaine shipments , and HERNANDEZ during some of

his meetings with drug traffickers ; interfere with drug -

trafficking investigations ; prevent the extradition to the United

States of drug traffickers ; enrich themselves , while the people of

Honduras endured conditions of poverty and rampant violence ; and

gain and maintain political power by , among other things , bribing

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others with drug - trafficking proceeds to ensure their election to

public office , including through voter fraud .

Acts in Furtherance of the Drug-Trafficking Conspiracy

5. In furtherance of the drug - trafficking conspiracy

and to effect the illegal objects thereof , JUAN ORLANDO HERNANDEZ ,

a/k/a " JOH ," the defendant , and other members o f the conspiracy

engaged in , among ot her things , the following activity :

a. In or about 2005 , HERNANDEZ , who was then a

congressman running for reelection , accepted approximately $40 , 000

in drug - trafficking proceeds from Victor Hugo Diaz Morales , a/k/a

"El Rojo" (" Diaz Morales " ) , the former leader of a drug - trafficking

organization based in Honduras and Guatemala , which bribe was paid

through Hernandez Alvarado . In return , Diaz Morales ' s

organizat ion , which was working at the time with Hernandez

Al var ado , received information and protection from Honduran law

enforcement that helped Diaz Morales and Hernandez Alvarado

transport large quantities of United States-bound cocaine through

Honduras to Guatemala .

b. In or about 2009 , HERNANDEZ began to campaign

to become president of the Honduran National Congress . Around

this time , Diaz Morales provided approximately $100 , 000 in drug -

trafficking proceeds to Hernandez Alvarado for , among other public

offici als , HERNANDEZ. In exchange , Hernandez Alvarado promised

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that if HERNANDEZ ' s election was successful , officials friendly to

Diaz Morales and Hernandez Alvarado ' s drug trafficking would be

placed in top law enforcement positions , and Hernandez Alvarado

and Diaz Morales would have more access to information to assist

with their criminal activities , including information about

interdiction efforts of the Honduran National Police and Army .

c. Between in or about 2004 and in or about 2016 ,

partly as a result of the above - referenced bribes paid to

HERNANDEZ , Diaz Morales received sensitive information about law

enforcement and the military in Honduras that was critical to his

drug - trafficking organization . For example , Diaz Morales received

information regarding operations of the Honduran Navy ; efforts by

the United States to train Honduran Air Force pilots to fly at

night to conduct anti - narcotics operations ; Honduran military

radar capabilities , so that cocaine plane shipments could avoid

detection ; and interdiction efforts by certa i n Honduran National

Police officials . During in or about this same time period , Diaz

Morales and Hernandez Alvarado worked together to transport

through Honduras approximately 140 , 000 kilograms of United States -

bound cocaine .

d. In or about 2009 , HERNANDEZ ' s political ally ,

Porfirio Lobo Sosa , a/k/a "Pepe Lobo " ("Lobo Sosa " ) , began to

campaign to become president of Honduras . Around that time ,

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HERNANDEZ and Lobo Sosa worked together to obtain approximately

$2 , 000 , 000 in drug - trafficking proceeds from Amil car Alexander

Ardon Soriano , a/k/a " Chande " (" Ardon Soriano " ) , a former Honduran

drug trafficker and the then - mayor of El Paraiso , Copan in

Honduras. In exchange , HERNANDEZ and Lobo Sosa promised to protect

Ardon Soriano from arrest and extradition to the United States ,

and to appoint Ardon Soriano ' s relative and co - conspirator (" CC -

1 " ) to a position in the Honduran national government .

e. In or about November 2009 , Lobo Sosa was

elected president of Honduras , and in or about January 2010 ,

HERNANDEZ became president of the National Congress . Thereafter ,

and in exchange for the above - referenced $2 , 000 , 000 bribe from

Ardon Soriano , HERNANDEZ and Lobo Sosa appointed CC - 1 as the head

of a Honduran government agency (" Agency - 1 " ) In that role , and

at the direction of HERNANDEZ and Lobo Sosa , CC - 1 awarded

government contracts to front companies controlled by drug

traffickers to help those traffickers launder drug-trafficking

proceeds .

f. After HERNANDEZ became president of the

National Congress in or about January 2010 , Hernandez Alvarado and

Ardon Soriano participated in multiple cocaine shipments per month

using various modes of transportation , including helicopters ,

planes , and boats . At least one of the he l icopters Hernandez

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Alvarado and Ardon Soriano used to transport cocaine was registered

in the United States . With the promised support of HERNANDEZ and

members of the Honduran National Police , Hernandez Alvarado and

Ardon Soriano worked together to transport through Honduras more

than approximately 30 , 000 kilograms of United States - bound

cocaine . Secure in the knowledge that HERNANDEZ and other corrupt

officials were protecting them , Hernandez Alvarado and Ardon

Soriano stamped some of the cocaine that they trafficked with their

initials , " TH " and "AA ," respectively .

g. In or about 2012 , HERNANDEZ publicly supported

an amendment to the Honduran Constitution that , for the first time ,

authorized the extradition of Honduran nationals to the United

States to face prosecution for drug - trafficking charges . During

private meetings , however , HERNANDEZ , Hernandez Alvarado , and

other prominent public officials in Honduras promised to protect

their drug - trafficking allies from arrest and extradition to the

United States in exchange for large payments of drug - trafficking

proceeds and support in upcoming elections .

h. In or about 2013 , HERNANDEZ began campaigning

to become president of Honduras . In connection with his campaign ,

HERNANDEZ accepted approximately $1 , 000 , 000 in drug - trafficking

proceeds from Guzman Loera that was paid to HERNANDEZ through

Hernandez Al var ado . Around this time , Hernandez Alvarado was

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working in coordination with Ardon Soriano and another drug -

trafficking organization led by Miguel Arnulfo Valle Valle

( "Miguel Valle") and Luis Antonio Valle Valle ( "Luis Valle") to

provide the Sinaloa Cartel , then led by Guzman Loera , with mass

quantities of cocaine and with armed security for the transport of

those shipments through Honduras . HERNANDEZ sent Hernandez

Alvarado and an associate , armed with machineguns , to collect the

$1 , 000 , 000 bribe from Guzman Loera. In exchange for the $1 , 000 , 000

from Guzman Loera , HERNANDEZ promised to continue protecting the

Sinaloa Cartel ' s drug-trafficking activities in Honduras .

i . In or about 2013 , in the lead- up to the

Honduran presidential election , HERNANDEZ directed CC - 1 and others

to bribe certain politicians and election officials using

HERNANDEZ ' s campaign funds , which were financed in part from drug-

trafficking proceeds , in order to ensure HERNANDEZ won the

election. As part of those efforts , CC-1 and others traveled to

various municipalities that were not sufficiently supporting

HERNANDEZ , and bribed officials who controlled voting centers to

manipulate the vote count in HERNANDEZ ' s favor . In exchange for

this election fraud , HERNANDEZ protected and supported Ardon

Soriano ' s drug - trafficking activities .

j . In or about 2013 and 2014 , around the time

HERNANDEZ was elected president of Honduras , as part of his ongoing

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participation in the cocaine - trafficking conspiracy , HERNANDEZ

partnered with Geovanny Fuentes Ramirez ("Fuentes Ramirez") , a

violent Honduran drug trafficker who operated a cocaine laboratory

in Honduras. During the course of several meetings , ( i) Fuentes

Ramirez provided HERNANDEZ with approximately $25 , 000 , on the

understanding that HERNANDEZ would facilitate protection for

Fuentes Ramirez from law enforcement scrutiny ; (ii) HERNANDEZ told

Fuentes Ramirez , in substance and in part , that HERNANDEZ wanted

access to a cocaine laboratory controlled by Fuentes Ramirez

because of its proximity to a port in Honduras; (iii) HERNANDEZ

agreed with Fuentes Ramirez to facilitate the use of Honduran armed

forces personnel as security for Fuentes Ramirez ' s drug -

trafficking activities ; (iv) HERNANDEZ told Fuentes Ramirez , in

subs t ance and in part , that Hernandez Alvarado was managing drug -

trafficking activities in Honduras and that Fuentes Ramirez should

report directly to Hernandez Alvarado for purposes of drug

trafficking ; and (v) HERNANDEZ informed Fuentes Ramirez , in

substance and in part , that HERNANDEZ was going to "stuff the drugs

right up the noses of the gringos ."

k. In or about 2014 , when HERNANDEZ was president

of Honduras , HERNANDEZ met with Hernandez Alvarado , Ardon Soriano ,

and CC - 1 , among others , to discuss the pending extraditions of

Miguel Valle and Luis Valle to the United States . During the

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course of that meeting , HERNANDEZ said , in substance and in part ,

that HERNANDEZ had decided to extradite the Valles in response to

reports that the Valles planned to assassinate HERNANDEZ , but that

HERNANDEZ would not extradite his drug-trafficking allies ,

including Ardon Soriano .

l. In or about 201 7 , while HERNANDEZ was

campaigning to be reelected as president of Honduras , HERNANDEZ

met with Ardon Soriano in Copan , Honduras . During the course of

that meeting , HERNANDEZ said , in substance and in part , that he

was concerned about obtaining enough votes for reelection and asked

Ardon Soriano to finance his campaign activities in Copan and

Lempira , Honduras , in exchange for continuing to protect Ardon

Soriano from arrest and extradition . Ardon Soriano agreed , and he

used approximately $1 , 500 , 000 in drug-trafficking proceeds to ,

among other things , bribe other politicians and election offic ials

to support HERNANDEZ in the 201 7 election . HERNANDEZ was then

reelected as president of Honduras .

m. In or about 2018 , Hernandez Alvarado was

charged in the Southern District of New York in connection with

his participation in the cocaine-trafficking conspiracy , and he

was subsequently convicted after trial on o r about October 18 ,

2019 o f offenses including conspiring to import cocaine into the

United States , possessing machineguns and destructive devices in

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furtherance of that drug - trafficking conspiracy , and conspiring to

possess machineguns and destructive devices in furtherance of that

drug - trafficking conspiracy . While Hernandez Alvarado ' s case was

pending , HERNANDEZ continued to coordinate closely with drug

traffickers in Honduras in furtherance of the conspiracy . For

example , on or about May 2 9 , 2019 , the day after HERNANDEZ was

publicly identified in court filings as one of Hernandez Alvarado ' s

co - conspirators , Fuentes Ramirez visited HERNANDEZ ' s presidential

residence , and Fuentes Ramirez thereafter continued to pay

HERNANDEZ bribes for protection , totaling hundreds of thousands of

Honduran lempiras .

n. During Hernandez Alvarado ' s trial , a

photograph recovered from Hernandez Alvarado ' s cellphone that

depicts a machinegun inscribed with HERNANDEZ ' s name was

introduced as evidence . Also introduced as evidence at Hernandez

Al var ado ' s trial were drug ledgers belonging to another former

Honduran drug trafficker ( "CC - 2 " ) that contained notations with

Hernandez Alvarado ' s name and HERNANDEZ ' s initials , "JOH ," along

with corresponding entries reflecting large payments to HERNANDEZ

and Hernandez Alvarado . About a week after Hernandez Alvarado was

convicted , on or about October 26, 2019 , prisoners armed with

machetes and a firearm murdered CC - 2 in a Honduran prison to

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prevent CC-2 ' s potential cooperation against , among others ,

HERNANDEZ .

STATUTORY ALLEGATIONS

6. From at least in or about 2004 , up to and including

in or about 2022 , in Honduras , Guatemala , Venezuela , Colombia ,

Mexico , and elsewhere , and in an offense begun and committed out

of the jurisdiction of any particular State or district of the

United States , JUAN ORLANDO HERNANDEZ , a/k/a " JOH ," the defendant ,

and others known and unknown , at least one of whom has been first

brought to and arrested in the Southern District of New York ,

knowingly and intentionally combined , conspired , confederated , and

agreed together and with each ot her to violate the narcotics laws

of the United States .

7. It was a part and an object of the conspiracy that

JUAN ORLANDO HERNANDEZ , a/k/a " JOH ," the defendant , and others

known and unknown , would and did import into the United States

from a place outside thereof a controlled substance , in violation

of Title 21 , United States Code , Sections 952(a) and 960(a) (1) .

8. It was further a part and an object of the

conspiracy that JUAN ORLANDO HERNANDEZ , a/k/a "JOH ," the

defendant , and others known and unknown , would and did manufacture ,

distribute , and possess with intent to distribute a controlled

substance , intending , knowing , and having reasonable cause to

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believe that such substance would be unlawfully imported into the

United States and into waters within a distance of 12 miles of the

coast of the United States , in violation of Title 21 , United States

Code , Sections 959 (a) and 960 (a) (3)

9. It was further a part and an object of the

conspiracy that JUAN ORLANDO HERNANDEZ , a/k/a "JOH , II the

defendant , and others known and unknown , would and did , on board

an aircraft registered in the United States , manufacture ,

distribute , and possess with intent to distribute a controlled

substance , in vio l ation of Title 21 , United States Code , Sections

959 (c) and 960 (a) (3)

10 . The controlled substance that JUAN ORLANDO

HERNANDEZ , a/k/a " JOH , 11

the defendant , conspired to (i) import

into the United States and into the customs territory of the United

States from a place outside thereof , (ii) manufacture , distribute ,

and possess with intent to distribute , intending , knowing , and

having reasonable cause to believe that such substance would be

unlawfully imported into the United States and into waters within

a distance of 12 miles of the coast of the United States , and

(iii) manufacture , distribute , and possess with intent to

distribute on board an aircraft registered in the United States ,

was five kilograms and more of mixt u res and substances containing

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a detectable amount of cocaine , in violation of Title 21 , United

States Code , Section 960 (b) (1) (B) .

(Title 21 , United States Code , Section 963; and Title 18 , United

States Code , Section 3238 . )

COUNT TWO
(Possession of Machineguns and Destructive Devices)

The Grand Jury further charges :

11. Paragraphs 1 through 5 of this Superseding

Indictment are realleged and incorporated by reference as though

fully set forth herein .

12 . From at least in or about 2004 , up to and including

in or about 2 02 2 , in Honduras , Guatemala , Venezuela , Colombia ,

Mexico , and elsewhere , and in an offense begun and committed out

of the jurisdiction of any particular State or district of the

United States , and for which at least one of two or more joint

offenders has been first brought to and arrested in the Southern

District of New York , JUAN ORLANDO HERNANDEZ , a/k/a "JOH ," the

defendant , during and in relation to a drug trafficking crime for

which he may be prosecuted in a co urt of the United States , to

wit , the cocaine importation conspiracy charged in Count One of

this Superseding Indictment , knowingly used and carried firearms ,

and , in furtherance of such crime , knowingly possessed firearms ,

and aided and abetted the use , carrying , and possession of

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firearms , to wit , machineguns that were capable of automatically

shooting more than one shot , without manual reloading , by a single

function of the trigger , as well as destructive devices .

(Title 18 , United States Code , Sections 924 (c) (1) (A) ,

924 (c) (1) (B) (ii) , 3238 , and 2 . )

COUNT THREE
(Conspiracy to Possess Machineguns and Destructive Devices)

The Grand Jury further charges :

13 . Paragraphs 1 through 5 of this Superseding

Indictment are realleged and incorporated by reference as though

fully set forth herein .

14 . From at least in or about 2004 , up to and including

in or about 2 02 2 , in Honduras , Guatemala , Venezuela , Colombia ,

Mexico , and elsewhere , and in an offense begun and committed out

of the jurisdiction of any particular State or district of the

United States , JUAN ORLANDO HERNANDEZ , a/k/a " JOH ," the defendant ,

and others known and unknown , at least one of whom has been first

brought to and arrested in the Southern District of New York ,

knowingly and intentionally combined, conspired , confederated , and

agreed together and with each other to violate Title 18 , United

States Code , Section 924(c) .

15 . It was a part and an object of the conspiracy that

JUAN ORLANDO HERNANDEZ , a/k/a " JOH ," the defendant , and others

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known and unknown , would and did , during and in relation to a drug

trafficking crime for which he may be prosecuted in a court of the

United States , to wit , the cocaine importation conspiracy charged

in Count One of this Superseding Indictment , knowingly use and

carry firearms , and , in furtherance of such crime , knowingly

possess firearms , including machineguns that were capable of

automatically shooting more than one shot , without manual

reloading , by a single function of the trigger , as well as

destructive devices , in violation of Title 18 , United States Code ,

Sections 924 (c) (1) (A) and 924 (c) (1) (B) (ii) .

(Title 18 , United States Code , Sections 924(0) and 3238 . )

FORFEITURE ALLEGATION
(As to Count One)

16 . As a result of committing the controlled substance

offense charged in Count One of this Superseding Indictment , JUAN

ORLANDO HERNANDEZ , a/k/a " JOH ," the defendant , shall forfeit to

the United States , pursuant to Title 21 , United States Code ,

Sections 853 and 970 , any and all property constituting , or derived

from , any proceeds the defendant obtained , directly or indirectly ,

as a result of the offense , and any and all property used , or

intended to be used , in any manner or part , to commit , and to

facilitate the commission of , the offense charged in Count One of

this Superseding Indictment .

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FORFEITURE ALLEGATION
(As to Counts Two and Three)

1 7. As a result of committing the firearms offenses

charged in Counts Two and Three of this Superseding Indictment ,

JUAN ORLANDO HERNANDEZ , a/k/a "JOH ," the defendant , shall forfeit

to the United States , pursuant to Title 18 , United States Code ,

Section 924(d), all firearms and ammunition involved in and used

in the commission of the offenses charged in Counts Two and Three

of this Superseding Indictment .

Substitute Assets Provision

18. If any of the above - described forfeitable property ,

as a result of any act or omission of JUAN ORLANDO HERNANDEZ , a/k/a

"JOH ," the defendant:

a. cannot be located upon the exercise of due

diligence ;

b. has been transferred or sold to , or

deposited with , a third person ;

c. has been placed beyond the jurisdiction of the

Court ;

d. has been substantially diminished in value ; or

e. has been commingled with other property which

cannot be subdivided without difficulty ,

it is the intent of the United States , pursuant to Title 21 , United

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States Code , Sections 853(p) and 970 , and Title 28 , United States

Code , Section 2461(c) , to seek forfeiture of any other property of

the defendant up to the value of the above forfeitable property .

(Title 21 , United States Code , Sections 853 & 970 ; and

Title 28 , United States Code , Section 2461(c) . )

- ~ :~w.-/J:~ , -
FOREPERSON DAMIAN WILLIAMS
United States Attorney

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA

- v. -

JUAN ORLANDO HERNANDEZ

a/k/a "JOH" '
'
Defendant.

SUPERSEDING INDICTMENT

S7 15 Cr . 379 (PKC)

(21 U. S . C . § 963 ; and

18 u. s . c . §§ 924 , 3 2 38 , 2 . )

DAMIAN WILLIAMS
United States Attorney .

A TRUE BILL

Foreperson .

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