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Date: 09-25-2018

Case Style:

United States of America v. John Xavier Portillo

Case Number: 5:15-cr-00820-DAE-1

Judge: David A. Ezra

Court: United States District Court for the Western District of Texas (Bexar County)

Plaintiff's Attorney: Eric Fuchs and John Gibson

Defendant's Attorney: John Carroll, Mark Stevens, Neil Calfas and Robbie Ward

Description:





San Antonio, TX - Former Bandidos National Vice President Sentenced to Life in Federal Prison

In San Antonio on September 24, 2018, a federal judge sentenced 59–year-old Bandidos Outlaw Motorcycle Organization National Vice President John Xavier Portillo to two consecutive life sentences, plus twenty years, in federal prison for racketeering and drug trafficking charges.

In addition to the prison terms, Senior U.S. District Judge David A. Ezra ordered that Portillo forfeit to the Government his motorcycle, three firearms and $17,827.20 seized from a search of his residence in 2016.

“As I have said before, this prosecution shows that the Department of Justice has the tools to strip away a veneer of legitimate activity to expose and punish underlying criminal conduct. Others—and not only those involved in violent activity—should take note,” stated United States Attorney John F. Bash.

On May 17, 2018, after a nearly three-month trial, jurors convicted Portillo and National Bandidos President Jeffrey Fay Pike, age 63 of Conroe, TX, of (count 1) conspiracy to violate the Racketeering Influenced Corrupt Organization (RICO) statute; (count 3) murder in aid of racketeering; (count 4) conspiracy to commit murder in aid of racketeering; (count 5) one count of conspiracy to commit assault with a dangerous weapon in aid of racketeering; (counts 6 and 7) aiding and abetting assault with a dangerous weapon in aid of racketeering; (count 9) discharging a firearm during a violent crime; and, (count 12) interference with commerce by threats and violence. Jurors also convicted Portillo of (count 2) murder in aid of racketeering; (count 8) discharging a firearm during a crime of violence; (count 10) conspiracy to possess with intent to distribute more than 500 grams of methamphetamine and cocaine; (count 11) possession with intent to distribute cocaine; and, (count 13) felon in possession of a firearm.

Jurors found Pike and Portillo guilty of conspiring to conduct the affairs of a criminal organization through racketeering acts including directing, sanctioning, approving and permitting members of the Bandidos to commit murder, attempted murder, robbery, assault, intimidation, extortion and drug trafficking. Evidence during trial revealed that in 2006, Pike and Portillo ordered other Bandidos members to murder Anthony Benesh. At the time, Benesh was attempting to start a Texas Chapter of the Hells Angels in Austin. Members of the Bandidos warned Benesh to cease his activities and recruitment, which Benesh ignored. Several Bandidos members then murdered Benesh on March 18, 2006 outside an Austin restaurant to protect the power, reputation and territory of the Bandidos enterprise.

Jurors also found that Portillo and others killed Robert Lara in January 2002 in Atascosa County as payback for killing Bandidos member Javier Negrete. Negrete, a member of the same local Bandidos chapter as Portillo at the time, was killed outside a San Antonio bar in October 2001.

Jurors also found that Pike, Portillo and others conspired to murder and assault members and associates of the Cossacks Outlaw Motorcycle Organization (Cossacks). Testimony revealed that Portillo, with Pike’s approval, declared that the Bandidos were “at war” with the Cossacks. A number of violent acts were committed by the Bandidos around Texas in furtherance of this “war,” including in Fort Worth, Gordon, Odessa, Port Aransas, Crystal City and elsewhere.

Testimony also revealed that Portillo and other members of the Bandidos were engaged in trafficking methamphetamine and cocaine and maintained an agreement with the Texas Mexican Mafia wherein Bandidos members were not required to pay the 10-percent “dime” to the Texas Mexican Mafia in exchange for permission to traffic narcotics.

“The sentencing of Bandidos National Vice President Xavier Portillo is one more step in concluding a comprehensive investigation by DEA, FBI and our law enforcement partners into the leadership structure and criminal activities of the Bandidos Outlaw Motorcycle Gang,” said Will Glaspy, Special Agent in Charge of the Drug Enforcement Administration – Houston Division. “This investigation reflects law enforcements commitment to make sure communities across Texas are safe and prevent gang members involved in drug distribution and other criminal activity from establishing a foothold in our communities.”

“The sentencing rendered today is the result of the outstanding partnership between the FBI and all our law enforcement partners,” said FBI Special Agent in Charge Christopher Combs. “This effort demonstrates our ongoing commitment to prevent gang violence and criminal activity from poisoning our communities. It also sends a clear message that we will relentlessly pursue and prosecute the leaders and members of these violent criminal enterprises.”

“Gang violence is a threat to the safety and security of Texas communities,” said DPS Director Steven McCraw. “These are complex cases, but thanks to the hard work and collaboration between law enforcement authorities and prosecutors, these criminals are no longer free to prey on our communities.”

Pike, who faces up to life in federal prison, is scheduled to be sentenced at 9:00am on September 26, 2018.

The FBI, DEA and Texas DPS investigated this case together with the Internal Revenue Service-Criminal Investigation, U.S. Customs and Border Protection, Homeland Security Investigations (HSI), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Austin Police Department, New Braunfels Police Department, Seguin Police Department, San Antonio Police Department, Bexar County Sheriff’s Department, Atascosa County Sheriff’s Department, Palo Pinto County Sheriff’s Department, Ector County Sheriff’s Department, Bexar County District Attorney’s Office, and the U.S. Attorney’s Office for the Southern District of Texas.


Charges:


18:1962-3300.F - INTERSTATE COMMERCE - RICO Conspiracy
(1)
INTERSTATE COMMERCE - RICO Conspiracy
(1s)
18:1962-7480.F -RACKETEERING, RICO Conspiracy
(1ss)
18:1962-3300.F - INTERSTATE COMMERCE - RICO Conspiracy
(1sss)
18:1962-3300.F - INTERSTATE COMMERCE RICO Conspiracy
(1ssss)
18:1959-7471.F - RACKETEERING ACTIVITY, MURDER/KIDNAPPING - Violent Crimes in Aid of Racketeering - Conspiracy to Commit Assault with a Dangerous Weapon
(2)
18:1959-7471.F - RACKETEERING ACTIVITY, MURDER/KIDNAPPING - Violent Crimes in Aid of Racketeering - Murder
(2s)
18:1959-7471.F -RACKETEERING ACTIVITY, MURDER/KIDNAPPING, Violent Crimes in Aid of Racketeering-Murder
(2ss)
18:1959-0100.F - MURDER, FIRST DEGREE - Murder in Aid of Racketeering
(2sss-3sss)
18:1959-7471.F -RACKETEERING ACTIVITY, MURDER/KIDNAPPING Murder in aid of Racketeering
(2ssss-3ssss)
18:1959-1500.F - AGGRAVATED OR FELONIOUS ASSAULT - Aiding and Abetting Violent Crimes in Aid of Racketeering - Assault with a Dangerous Weapon
(3-4)
18:1959-7471.F - RACKETEERING ACTIVITY, MURDER/KIDNAPPING - Violent Crimes in Aid of Racketeering - Conspiracy to Commit Assault with a Dangerous Weapon
(3s)
18:1959-1500.F - AGGRAVATED OR FELONIOUS ASSAULT - Aiding and Abetting Violent Crimes in Aid of Racketeering - Assault with a Dangerous Weapon
(4s-5s)
18:924J.F -VIOLENT CRIME/DRUGS/MACHINE GUN WHERE DEATH OCCURS, Discharging a Firearm during a Murder
(4ss)
18:1959-7474.F - CONSPIRACY, MURDER, KIDNAP - Conspiracy to Commit Murder in Aid of Racketeering
(4sss)
18:1959-7474.F - CONSPIRACY, MURDER, KIDNAP Conspiracy to commit murder in aid of Racketeering
(4ssss)
21:846=CD.F - CONSPIRACY TO DISTRIBUTE CONTROLLED SUBSTANCE - Conspiracy to Possess with Intent to Distribute 500 grams or more of methamphetamine
(5)
18:1959-7475.F - ATTEMPT/CONSPIRE TO MAIM/ASSAULT - Conspiracy to Commit Assault with a Dangerous Weapon in Aid of Racketeering
(5sss)
18:1959-7475.F - ATTEMPT/CONSPIRE TO MAIM/ASSAULT Conspiracy to Commit Assault with a Dangerous Weapon in Aid of Racketeering
(5ssss)
21:841A=CD.F - CONTROLLED SUBSTANCE - SELL, DISTRIBUTE, OR DISPENSE - Possession with Intent to Distribute 500 grams or more of methamphetamine
(6)
21:846=ND.F - CONSPIRACY TO DISTRIBUTE NARCOTICS - Conspiracy to Possess with Intent to Distribute 500 grams or more of methamphetamine and cocaine
(6s)
18:1959-7482.F -RACKETEERING - THREATS Violent Crimes in Aid of Racketerring -Conspiracy to Commit Assault with a Dangerous Weapon
(6ss)
18:1959-1600.F - ASSAULT, OTHER - Assault with a Dangerous Weapon in Aid of Racketeering
(6sss-7sss)
18:1959-1600.F - ASSAULT, OTHER Assault with a Dangerous Weapon in Aid of Racketeering
(6ssss-7ssss)
18:1959-7482.F-RACKETEERING - THREATS Aiding and Abetting Violent Crimes in Aid of Racketeering -Assault with a Dangerous Weapon
(7ss-8ss)
18:924J.F - VIOLENT CRIME/DRUGS/MACHINE GUN WHERE DEATH OCCURS - Using & Discharging a Firearm During and in Relation to A Crime of Violence, specifically, VCAR Murder
(8sss-9sss)
18:924J.F -VIOLENT CRIME/DRUGS/MACHINE GUN WHERE DEATH OCCURS Using and Discharging a Firearm During and in Relation to A Crime of Violence, specifically, VCAR Murder
(8ssss-9ssss)
18:1951.F - INTERFERENCE WITH COMMERCE BY THREAT OR VIOLENCE - Conspiracy to Interfere with Commerce by Extortion
(9)
21:841A=ND.F - NARCOTICS - SELL, DISTRIBUTE, OR DISPENSE - Possession with Intent to Distribute methamphetamine and cocaine
(9s)
21:846=CP.F -CONSPIRACY TO POSSESS CONTROLLED SUBSTANCE, Conspiracy to Possess with Intent to Distribute 500 grams or more of methamphetamine and cocaine
(9ss)
18:1951.F - INTERFERENCE WITH COMMERCE BY THREAT OR VIOLENCE - Interference with Commerce by Extortion
(10s)
21:841B=ND.F -NARCOTICS - SELL, DISTRIBUTE, OR DISPENSE, Possession with Intent to Distribute cocaine
(10ss)
21:846=ND.F - CONSPIRACY TO DISTRIBUTE NARCOTICS - conspiracy to Distribute and Possession with Intent to Distribute 500 grams or more of methamphetamine and cocaine
(10sss)
21:846=ND.F - CONSPIRACY TO DISTRIBUTE NARCOTICS Possession with intent to Distribute 500 grams or more of Methamphetamine and Cocaine
(10ssss)
18:922G.F - UNLAWFUL TRANSPORT OF FIREARMS, ETC. - Felon in Possession
(11s)
18:1951.F -INTERFERENCE WITH COMMERCE BY THREAT OR VIOLENCE, Intference with Commerce by Extortion
(11ss)
21:841A=ND.F - NARCOTICS - SELL, DISTRIBUTE, OR DISPENSE - Possession with Intent to Distribute Cocaine
(11sss)
21:841A=ND.F - NARCOTICS - SELL, DISTRIBUTE, OR DISPENSE Possession with Intent to Distribute Cocaine
(11ssss)
18:922G.F -UNLAWFUL TRANSPORT OF FIREARMS, ETC., Felon in Possession
(12ss)
18:1951.F - INTERFERENCE WITH COMMERCE BY THREAT OR VIOLENCE - Conspiracy to Interfere with Commerce by Threats or Violence
(12sss)
18:1951.F - INTERFERENCE WITH COMMERCE BY THREAT OR VIOLENCE Conspiracy to Interfere with Commerce by Threats or Violence
(12ssss)
18:922G.F - UNLAWFUL TRANSPORT OF FIREARMS, ETC. - Felon in Possession of a Firearm
(13sss)
18:922G.F - UNLAWFUL TRANSPORT OF FIREARMS, ETC. Felon in Possession of a Firearm
(13ssss)

Outcome: 09/21/2018 773 TRANSCRIPT filed of Proceedings as to John Xavier Portillo, Jeffrey Fay Pike held on 5/7/18 Proceedings Transcribed: Jury Trial Proceedings. Court Reporter/Transcriber Angela Hailey, Telephone number 210.244.5048. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. Redaction Request due 10/12/2018, Redacted Transcript Deadline set for 10/22/2018, Release of Transcript Restriction set for 12/20/2018, (Hailey, Angela) (Entered: 09/21/2018)
09/21/2018 774 TRANSCRIPT filed of Proceedings as to John Xavier Portillo, Jeffrey Fay Pike held on 5/8/18 Proceedings Transcribed: Jury Trial Proceedings. Court Reporter/Transcriber Angela Hailey, Telephone number 210.244.5048. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. Redaction Request due 10/12/2018, Redacted Transcript Deadline set for 10/22/2018, Release of Transcript Restriction set for 12/20/2018, (Hailey, Angela) (Entered: 09/21/2018)
09/21/2018 776 ORDER as to John Xavier Portillo, ( Sentencing reset for 9/24/2018 10:30 AM before Judge David A. Ezra). Signed by Judge David A. Ezra. (aej) (Entered: 09/21/2018)
09/21/2018 777 SEALED SUPPLEMENTAL ATTACHMENT re 757 SEALED PRESENTENCE INVESTIGATION REPORT Filed as to John Xavier Portillo by Officer Monica I. Beltran. (Document available to court only) (Attachments: # (1-2) (Villarreal, Janet) (Entered: 09/21/2018)
09/21/2018 778 SUPPLEMENTAL DISCLOSURE OF REVISED PRESENTENCE REPORT as to John Xavier Portillo by Officer Monica I. Beltran. Instructions for viewing the report are available here. (Document is available only to the attorney of record and AUSA for 14 days. PLEASE PRINT OR SAVE AS SOON AS DOCUMENT IS OPENED.) (Attachments: # 1 (Villarreal, Janet) (Entered: 09/21/2018)


Defendant was sentenced two consecutive life sentences, plus twenty years, in federal prison for racketeering and drug trafficking charges.

Plaintiff's Experts:

Defendant's Experts:

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