In the same Brooklyn courtroom where Mexico’s infamous criminal warlord Joaquin “El Chapo” Guzman was tried, the prosecution has nearly completed its case against a man who many believe worked with – and maybe for – El Chapo. Gerardo Garcia Luna served the Felipe Calderon presidency as the Secretary of Public Security for six years, from 2006 to 2012. During that time, he was the man in charge of Mexico’s so-called “drug war.”??
Halfway through the trial, I’d like to offer five takeaways points for thought and consideration.
- AMLO is loving it. Any opportunity Mexico’s current president has to assign blame – and corruption – to the past strengthens his argument that he is the man to bring Mexico through a fourth transformation, one where “nothing is outside the law and no one is above the law.” Of course, he’s referring to his predecessors and political opponents.
- Under Garcia Luna’s watch, Mexican law enforcement lost a critical advantage. A monopoly on the lethal use of force is a clear line that separates the good guys from the bad. When law enforcement loses this critical edge, chaos ensues. Under Garcia Luna, independent of the trial, Mexican federal law enforcement lost this edge. Some would argue that the Army did too. A lot of the violence that happens today in Mexico may be traced back to this important point.
- Everything and everyone is for sale. At least that’s what the criminals believe. Garcia Luna’s trial, built by the prosecution nearly completely on witness testimony, underscores this important atmospheric element of fighting crime in Mexico. When everything and everyone is for sale, so is the truth. This trial brings to light an unfortunate reality that is impervious to Garcia Luna’s fate. He played the game and got burned. But the game continues.
- Everyone loses. Normally, high-profile trials contribute to law enforcement, more robust case work, some new intelligence (depending on the trial setting and publicity), and a sense of foreboding and dread among the bad guys. Not this time. The prosecution appears to be on shaky ground. If convicted, nothing landing on Garcia Luna, or the Calderon administration, will stick to AMLO. If found guilty, Garcia Luna’s trial will not have any noticeable effect on Mexico’s criminal system – no one influential in Mexico’s underworld today is exposed or weakened. Former US law enforcement officials get to blow off some steam, but the cumulative effect will likely be a more challenging environment to build high-profile corruption cases, especially if the USDA loses this one.
- Mexican democracy is robust and resilient. If everything we’re reading about corruption at the highest levels is true, then there were deep flaws and structural problems within the Calderon administration. Similar observations may be made about the following government under Enrique Pe?a Nieto. And now, under AMLO. Corruption aside, however, Mexico remains a stalwart democratic nation – one of the oldest and most successful democracies in the world. It remains a world-class destination for foreign direct investment, and is – despite what you may think – still a great place to do business. Garcia Luna’s trial underscores what successful investors in Mexico’s private sector have long known to be true: know what you’re getting into, know who you’re working with, and know what you’re doing. Corruption is real, and daily. You need a strategy to deal with it.
