Ambassador Salazar: ‘Los Chapitos remain in prison and they’re not going to get out’

United States Ambassador to Mexico Ken Salazar reaffirmed on Tuesday that alleged Sinaloa Cartel leader Ovidio Guzmán López — one of the sons of convicted drug baron Joaquín “El Chapo” Guzmán Loera — remains in prison in the United States.

“Los Chapitos remain in prison, they’re still detained and they’re not going to get out,” he said, referring to both Ovidio — who was extradited to the United States in September 2023 — and his brother Joaquín Guzmán López, who was arrested along with Ismael “El Mayo” Zambada on July 25 after the two alleged Sinaloa Cartel leaders flew into an airport near El Paso, Texas, on a private plane.

Ken Salazar’s remarks at a press conference came five days after Mexico’s Federal Attorney General’s Office (FGR) said it was unaware of Ovidio’s “current status” and of his location in the United States after his release from a high-security U.S. prison on July 23, per U.S. authorities.

Publicly available records of the U.S. Federal Bureau of Prisons show that he was released on that date, but Salazar said on July 26 that he was able to “confirm that Ovidio Guzmán López remains in custody in the United States.”

Last Friday, the newspaper El Universal reported that Ovidio had entered the United States Federal Witness Protection Program. However, some experts said that the reporting was “completely false” and “nonsense.”

The newspaper Milenio, citing unnamed security sources, said in a report on Tuesday that “a person” — in this case, an accused criminal — can only enter a witness protection program after their criminal case concludes, and after they have been sentenced and served the sentence they were given.

However, according to the U.S. Department of Justice (DOJ), “prisoners in a state or federal institution are eligible for participation in the Witness Security Program provided all other criteria are met.”

Thus, Ovidio, who is accused of drug trafficking, money laundering and other charges, could conceivably be in prison — and in the United States Federal Witness Protection Program.

The DOJ says that “a witness may be considered for acceptance into the Witness Security Program if they are an essential witness” in a range of cases, including drug trafficking ones.

Ovidio, and his brother Joaquín, could testify against Zambada, who founded the Sinaloa Cartel with their father, El Chapo, in the 1980s.

El Universal reports that Ovidio is a ‘collaborating witness’ – and in US custody  

An updated version of El Universal’s report states that upon becoming a “collaborating witness,” Ovidio “ceased to appear in the prison’s [computer] system but remains under the custody of a United States justice.”

Salazar didn’t confirm or deny the claim that the 34-year-old suspect had entered witness protection.

According to Mexican Security Minister Rosa Icela Rodríguez, Joaquín Guzmán López turned himself in to United States authorities after reaching an agreement with Ovidio to surrender.

Her remarks suggested that they both planned to collaborate with U.S. authorities.

However, after Joaquín pleaded not guilty to all charges in a Chicago court on July 30, lawyer Jeffrey Lichtman said his client did not have any prior agreement with U.S. authorities.

In Mexico, Joaquín is accused of kidnapping Zambada and forcing him onto the plane that touched down at the Doña Ana County International Jetport in New Mexico.

Will Ovidio appear in court next month?

El Universal initially reported that Ovidio’s case was classified and that he wouldn’t make any public appearances. However, the newspaper’s updated report noted that he is scheduled to appear in court in Chicago on Oct. 1.

Salazar said Tuesday that investigations into the case involving Zambada, Joaquín Guzmán López (and potentially Ovidio as well) are continuing both in the United States and Mexico.

“We have to respect these investigations, but what I can say is that as ambassador I have had very close knowledge of all the dialogue that [the United States] has had with the [Mexican] Federal Attorney General’s Office,” he said.

Salazar noted that he went to El Paso with FGR officials, who inspected the plane that transported Zambada and Joaquín Guzmán López to the U.S.

There is “very strong cooperation” between U.S. and Mexican authorities, he said.

Zambada and the two Guzmán López brothers have all pleaded not guilty to the charges they face in the United States. It appears likely that Zambada will face trial in New York, while Los Chapitos are answering charges in the state of Illinois.

Ovidio was captured in Culiacán in January 2023, more than three years after he was detained in the same city — and then released after Sinaloa Cartel gunmen reacted violently to his arrest.

With reports from El Financiero, Expansión Política and Milenio