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MEXICO CITY -- As the man in the videotape begins to spill the
inner secrets of Mexico's most violent drug gang, he appears nervous,
chewing off pieces of his left thumbnail and gulping water.
Alejandro Enrique Hodoyan had been a minor though well-placed
member of the drug organization, running guns and errands. On
the tape, he sits center stage, recounting in a soft voice how
his brother and a circle of their childhood friends joined a criminal
enterprise that killed dozens of police commanders, prosecutors,
drug rivals and innocent bystanders.
''Killing is a party for them, it's a kick,'' Mr. Hodoyan tells
Mexican investigators. ''No remorse at all. They laugh after a
murder, and go off and have a lobster dinner.''
His testimony, which produced eight hours of videotape and more
than 200 pages of transcripts, is viewed on both sides of the
border as a law enforcement triumph, a breakthrough in Mexico's
flagging fight against drug traffickers. Mexican officials say
his disclosures have already prompted the dismissal of ''several
dozen'' detectives and police commanders accused of ties to the
Tijuana-based organization, which is led by the Arellano Felix
brothers.
But behind the image on the videotape is a tale of a middle-class
family torn apart, with brother turned against brother in a violent
drug culture. It is also a story of kidnapping and coercion that
highlights some of the perils for the United States in working
with the secretive Mexican military, which has been given a central
role in the drug war despite its lengthening record of corruption
and brutality.
Mr. Hodoyan, an American citizen who was born in San Diego and
lived most of his life just across the border in Tijuana, was
abducted and detained illegally for 80 days by Mexican military
officers. Soldiers tortured him with cigarette lighters and electric
shocks to the eyelids, according to an account he later gave his
family.
The Mexican military eventually turned Mr. Hodoyan over to American
officials who are preparing a major new indictment against the
Arellano Felix organization. Some American officials involved
in the case now acknowledge that they were too willing to turn
a blind eye to the methods used by the Mexican military to secure
Mr. Hodoyan's cooperation.
American diplomats in Mexico learned of Mr. Hodoyan's captivity
shortly after he was imprisoned, but did nothing to help him.
After his family reported him missing to United States officials,
a law enforcement agent assigned to the American Embassy interviewed
him at a unused barracks, where he was blindfolded and handcuffed
to a steel bed.
The embassy official assigned to follow up on the agent's report
of a captive American citizen took no action. United States officials
later described that as an egregious failure to deliver the basic
protections guaranteed citizens in trouble in foreign lands.
Donald R. Hamilton, the embassy's spokesman, otherwise defended
its handling of the case, saying Mr. Hodoyan did not complain
of torture to any American official in Mexico or suggest that
he was under duress.
The account of Mr. Hodoyan's experiences was pieced together from
interviews with his family, American officials in Mexico, and
Mexican justice officials who knew him as an informant. It is
also based on confidential Mexican court documents as well as
tape recordings, obtained by The New York Times, of telephone
calls he made to his family in Tijuana last year when he was a
military prisoner.
In December 1996, the military officer who supervised his interrogation
and hand over to the Americans was appointed Mexico's top antidrug
official, in part because of successes he scored in the drug war
using information supplied by Mr. Hodoyan.
Two months later, that officer, Gen. Jesus Gutierrez Rebollo,
was jailed on charges of collaborating with another drug lord,
a bitter rival of the Arellano Felix brothers. Mexican officials
now suspect that much of the information the general extracted
from Mr. Hodoyan went directly to the rival drug organization.
Since then, the military has dismissed and is investigating 33
other officers, including four generals, on corruption and narcotics
charges, defense officials said.
In the end, Mr. Hodoyan was not much help to American prosecutors.
After 10 days in San Diego, he suffered what family members described
as a psychological breakdown. Under pressure to give evidence
against his brother, he disappeared across the border to Mexico
where he had numerous enemies, including the Arellano Felix gang,
which, he was told, had put out a contract on his life.
The Setting
An Unlikely Family For a Crime Career
Alejandro Hodoyan, known to his family and friends as Alex, seemed
an unlikely candidate for a career in crime. His mother Cristina,
who is 55, is a prim, devoutly Catholic woman from an upstanding
Mexican family. His father, Alejandro Hodoyan Ramirez, 63, is
a respected Mexican civil engineer.
The Hodoyans hoped to raise their children with the best of the
American and Mexican cultures. Their three boys and a girl were
all born in San Diego, but the family lived just across the border
in Tijuana, a city where the multibillion-dollar drug trade has
in recent years become a lure even for privileged and educated
young people.
The Hodoyan children came of age in Tijuana discos where teen-agers
experimented with cocaine in the free-wheeling way of wealthy
American youth. They also mingled with Mexican gang members who
were rising stars in the cocaine business.
One of the flashiest was Ramon Arellano, a leader of the gang
who met members of the Hodoyan family at a society wedding in
Tijuana. It was a sweltering summer day, but Mr. Arellano sported
a mink jacket and leather pants.
''He was wearing a big thick chain with a big gold cross encrusted
with emeralds,'' said a Hodoyan relative, who asked not to be
identified. ''Everything about him made you turn around and say,
who is he?''
Mexican court documents describe Mr. Arellano as a compulsive
murderer who has killed several times for sport and is implicated
in more than 60 homicides. He and his brothers began their careers
as provincial drug dealers, but shot and bullied their way to
seize control of drug-smuggling along a western swath of the United
States-Mexico border. One by one, friends the Hodoyans had known
since childhood were drawn into the Arellanos' circle of riches
and violence.
Fabian Martinez Gonzalez, a grade-school classmate of Alex Hodoyan's
younger sister who teased the girls by lifting up their skirts,
grew up to become El Tiburon, or the Shark. He is accused of being
one of Mr. Arellano's most feared gunmen and is wanted for murder
in Mexico.
Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years
later to be the godfather at his first daughter's baptism. Mr.
Valdez became a top operative in the organization, arranging drug
shipments and assassinations, the Mexican and American police
have charged in court.
''In Tijuana the Arellanos bought their way into the cream of
society,'' said a Mexican antidrug prosecutor who asked not to
be identified. ''In a normal situation, a family like the Hodoyans
would never find themselves involved with traffickers.''
The Detention
Claims of Torture, Then a 'Good Cop'
Mr. Hodoyan, the oldest of the Hodoyan children, is a 35-year
old law school dropout and cocaine addict who never held a steady
job. An even-tempered man with an amiable face, he started doing
small favors for the Arellanos and eventually helped them import
rifles and grenades to arm their hit squads. In return they gave
him loads of cocaine and marijuana to move across the border,
allowing him to keep the proceeds, he told Mexican prosecutors.
Alfredo Hodoyan, 25, the rakish and strong-willed brother who
is Alex's youngest sibling, took on a more violent role in the
gang, according to his brother and other associates. He joined
one of the cartel's hit squads and is wanted on murder charges
in Mexico.
On Sept. 10, 1996, the Arellano gang sent Alex Hodayan to Guadalajara,
the central Mexican city that has emerged as a battleground for
competing drug gangs. His mission, he later said, was to find
a new ''safe house,'' a local base for the group's operations.
He was walking straight into a military trap.
Seven weeks earlier, gunmen for the Arellano organization had
bungled a plot to assassinate Amado Carrillo Fuentes, the leader
of a rival cartel. Instead they killed two army soldiers who were
at the scene.
The killings infuriated the soldiers' commander, Gen. Gutierrez
Rebollo, a bulldog of an officer with a shaven head who was in
charge from his headquarters in Guadalajara of a vast military
region encompassing much of central Mexico.
On the afternoon of Sept. 11, Alex Hodoyan went to an existing
Arellano safe house in a working-class neighborhood. A squad of
General Gutierrez Rebollo's intelligence troops, wearing black
uniforms, was watching the house and seized him.
By law, the Mexican armed forces can hold criminal suspects for
no more than 48 hours before turning them over to the civilian
authorities. But General Gutierrez Rebollo kept Mr. Hodoyan incommunicado
for the next two months, mainly in a vacant army base on the outskirts
of Guadalajara. The troops had no arrest warrant and filed no
report to the police.
Mr. Hodoyan's kidnapping and secret detention have been described
in separate, mutually corroborating accounts by army officers
who are now testifying against General Gutierrez Rebollo in two
trials. Their statements are contained in confidential court records.
According to the officers, the windowless bunker where Mr. Hodoyan
was shackled hand and foot to a bed was General Gutierrez Rebollo's
private interrogation center, where illegally detained suspects
were questioned for days and weeks.
After Mr. Hodoyan was released, he said the soldiers had tortured
and threatened to kill him.
''They told me I had arrived in hell,'' he said in a statement
he dictated to his parents months later.
According to Mr. Hodoyan, the soldiers forced soda water spiked
with searing hot chile peppers up his nose until he was nearly
asphyxiated. He said they had burned the soles of his feet with
lighters and had applied electric shocks to his eyelids and toes.
Within days, several witnesses said, there was a change in Mr.
Hodoyan's demeanor. He began to cooperate, almost too enthusiastically,
with his captors. Drawing on his prodigious memory, he poured
out what he knew about the Arellanos in manic bursts.
Mr. Hodoyan's claims of torture have not been confirmed by independent
witnesses, and the statement he gave his family, which he never
signed, remains the only record of his first days in captivity.
Two Mexicans who saw Mr. Hodoyan in later weeks of his detention
say they noticed a fresh scar in the middle of his forehead. He
told them that he had been tortured, but said he could not discuss
the details. The scar, he said, was where skin peeled away when
his duct tape blindfolds were changed.
General Gutierrez Rebollo played his prisoner with a maestro's
touch, according to the officers who testified in the trials against
him. He waited 13 days before visiting Mr. Hodoyan. Then he came
on as the consummate good cop, pretending to scold his subordinates
for treating the prisoner harshly and ordering them to loosen
his manacles and upgrade his food.
Mr. Hodoyan soon became devoted to his jailer. When allowed, he
trailed behind General Gutierrez Rebollo. A Mexican drug prosecutor
who saw the two men together toward the end of Mr. Hodoyan's captivity
said they were ''like father and son.''
General Gutierrez Rebollo had good reason to court Mr. Hodoyan.
On Sept. 14, three days after Mr. Hodoyan was abducted by his
soldiers, a hit squad linked to the Arellanos assassinated a top
Mexican antidrug prosecutor in Mexico City.
Soon after, Mexican officials sent their American counterparts
information developed by General Gutierrez Rebollo indicating
that Alfredo Hodoyan, Alex's brother, was a triggerman in the
killing. The Mexicans said Alfredo was hiding out near San Diego
with Emilio Valdez, the godfather of Alex Hodoyan's daughter,
who was wanted in Mexico on another murder charge.
American Federal agents arrested Mr. Valdez and Alfredo Hodoyan
on Sept. 30 in San Diego, and at Mexico's request United States
prosecutors opened an extradition case to return them to Mexico
for trial.
General Gutierrez Rebollo set out to convince Alex Hodoyan to
testify against his friend and his brother. In Mexico, where ties
of blood and ritual kinship are nearly sacred and the law absolves
suspects from incriminating immediate relatives, it was a formidable
undertaking.
The Americans
A U.S. Agent Sees the Prisoner
As soon as the Hodoyan family realized Alex was missing, they
turned to the American authorities for help. On Sept. 20, Adriana
Hodoyan, Alex's sister, called the United States consulate in
Guadalajara to say she believed that her brother, an American
citizen, had vanished there.
Five days later, Adriana Hodoyan, who is 30, traveled to Guadalajara
and gave the consulate a photo of Alex and a detailed account
of the travel route he had planned.
On Oct. 7, when Alex Hodoyan had been missing for nearly a month,
his sister called the consulate again. She was frantic. According
to American officials, she said there were reports that Alex had
been detained on Sept. 11 by the military authorities in Guadalajara.
American diplomats in Guadalajara made what they later described
as routine phone calls to local police stations and jails to see
if he was there. ''It was just a usual-suspects thing,'' a United
States official in Guadalajara said, just another of the 71 cases
the consulate handled in 1996 of Americans who went missing in
that region.
No one at the consulate ever spoke with the Mexican military.
''We would have no reason to call the military,'' an American
official said, explaining that the armed forces do not usually
detain people under Mexico's legal system.
But on Oct. 7, the day of Adriana Hodoyan's most urgent appeal
for help, one arm of the United States Government learned that
the Mexican military knew exactly where to find Mr. Hodoyan.
Officers at the Defense Ministry in Mexico City invited an agent
from the United States Bureau of Alcohol, Tobacco and Firearms
to question an exceptional informant they had about arms smuggling
to Mexican drug traffickers. Not long after General Gutierrez
Rebollo had captured Mr. Hodoyan, he had informed his superiors
about him.
The A.T.F. bureau declined to make the agent who questioned Mr.
Hodoyan available for an interview. His account was relayed by
officials in Washington and Mexico who said they had reviewed
reports the agent filed at the time.
American officials said the Mexican armed forces had provided
an airplane to fly the A.T.F. agent to Guadalajara. Two Mexican
officers, in plain clothes, drove the agent to the base where
Mr. Hodoyan was held and accompanied him into the meeting.
In the bare room, the agent introduced himself to Mr. Hodoyan,
blindfolded and cuffed to a bed. The agent later told colleagues
that it bothered him that he could not see the prisoner's eyes.
Nevertheless, for nearly two hours the American agent probed to
find out what the prisoner knew about the traffic of weapons.
''The amazing thing is, the guy just doesn't shut up,'' said a
United States official who questioned the A.T.F. agent about Mr.
Hodoyan. ''He is talking, talking, talking. He immediately implicated
his brother and himself in a number of crimes.''
Mexican officers told the A.T.F. agent that Mr. Hodoyan had been
blindfolded to prevent him from seeing the American's face, since
the prisoner, they said, was a ''dangerous and violent criminal.''
The echo-filled room and strangely empty military barracks struck
the A.T.F. agent as an ''unusual but not inappropriate'' place
for the meeting.
After two hours, the official said, the agent believed that he
''had a live one.'' He began to make mental plans to take Mr.
Hodoyan to the United States as a witness in gun-running cases.
That was when Mr. Hodoyan, who had spoken throughout the interview
in Spanish, announced that he would not need a visa.
''I was born in San Diego,'' he said. ''I am an American citizen.''
Mr. Hodoyan volunteered nothing about mistreatment by the soldiers,
American officials said, and the statement he later gave his family
suggests a reason.
General Gutierrez Rebollo's officers, he said, warned him before
the interview that if he told the A.T.F. agent about his torture,
''he would be the last person I would ever cross a word with.''
The day after the interview, Mexican military officials told the
A.T.F. agent that the general had changed his mind and was not
ready to release Mr. Hodoyan.
The agent remained uneasy about what he had seen. He consulted
with the No. 2 official in the embassy, Charles H. Brayshaw, who
sent him to the consul general for Mexico City, a senior diplomat
who handles problems involving United States citizens.
For half an hour, the agent described the American imprisoned
in Guadalajara. According to American officials, the consul general,
Thomas L. Randall, told the A.T.F. agent he believed that Mr.
Hodoyan was probably one more Mexican trying to get out of a jam
by claiming to be an American.
Then, several officials said, Mr. Randall did nothing further
about Mr. Hodoyan. ''He didn't tell anybody above, below or alongside,''
a diplomat said later, calling Mr. Randall's performance ''a clear
case of nonfeasance.''
''Had this person done even the minimum which duty, regulation,
law and custom indicate, the consular service would not have been
ignorant of Mr. Hodoyan's detention,'' said Mr. Hamilton, the
spokesman for the embassy in Mexico City. Mr. Hamilton refused
to identify the consul involved in the case.
A Washington spokesman for the A.T.F bureau, Patrick D. Hynes,
said classified memos showed that the agent had met with the embassy's
consul general, which was the position Mr. Randall held at the
time. Other officials confirmed that it was Mr. Randall, who was
recalled from Mexico to Washington late last year and retired
from the Foreign Service in January 1997.
Reached by telephone at his southern California residence, Mr.
Randall said he had no recollection of Mr. Hodoyan's case.
''I'm sure I would have done whatever needed to be done,'' he
said, calling it ''convenient'' that embassy officials had heaped
all of the blame on the one person involved who was no longer
in government service.
Mr. Brayshaw did not inquire again what had become of Mr. Hodoyan
because he assumed that the Consul General had done his job, Mr.
Hamilton said.
The Family
His Daughters Come Before Brother
In late October, General Gutierrez Rebollo was sufficiently confident
of his new informant's cooperation that he allowed him to call
his family and tell them he was still alive.
They were elated but deeply worried. After the first contact,
Mr. Hoyodan was allowed to call his parents regularly, and as
he talked in guarded language, they realized that he was informing
on the Arellano gang and was under pressure to turn on his own
brother.
For his parents the conversations were agonizing. Their eldest
son was in the custody of powerful Mexican military officers who,
Alex hinted, would think nothing of killing him. The officers
were trying to pit Alex against their youngest son, who was in
jail in San Diego fighting extradition to Mexico on a murder charge
that could put him in prison for decades.
Mr. Hoyodan's mother and father urged him to remain loyal to the
family and his circle of childhood friends.
But Mr. Hodoyan was bitter that the Arellano gang had sent him
into an ambush. And General Gutierrez Rebollo was leaning heavily
on Mr. Hodoyan to talk by offering to place him in a Government
witness program where his past criminal record would be erased.
Tape recordings of some of Mr. Hodoyan's phone calls to his family
were made available to The New York Times by participants in the
events who requested anonymity. They depict a man overwhelmed
by irreconcilable pressures and dominated by a captor who both
terrifies him and inspires his devotion.
Cooperating with General Gutierrez Rebollo, he argued, was the
only way he could survive to see his two young daughters again.
''I love my brother, Mama,'' Mr. Hodoyan told his mother at one
point. ''But my daughters come first.''
In one conversation his father asked him what he wanted to tell
his brother Alfredo and his brother's lawyers.
''Tell them I made a deal with the general, and the general is
keeping his word to me,'' Mr. Hodoyan said. ''He even bought new
clothes for me.''
''He spared my life and I want to keep my word to him, too,''
he said later in the conversation.
At one point, the elder Mr. Hodoyan told his son that a Mexican
lawyer who had defended the Arellanos was offering to help get
Alex out of military custody.
Alex exploded, saying: ''I don't matter to them! I never did.
They just want to help me now because they have problems with
the military and the police. They see the end coming.''
''My stomach is starting to hurt,'' he said as he raged at the
Arellanos. Finally he broke down in sobs. ''I don't want them
using me,'' he said, cursing the Arrelanos.
Mr. Hodoyan made it clear that General Gutierrez Rebollo had promised
him that his statements against Alfredo could not be used in any
Mexican or American court because they were brothers.
''My son, it's a trap -- you're in a trap, try to understand,''
Cristina Hodoyan entreated in a phone call on Dec. 10. ''You are
helping the man who is accusing your brother!''
''He can't,'' Mr. Hodoyan insisted. ''Alfredo is my brother. He
can't.''
His parents hoped that if Alex was freed, he would testify in
the effort to block Alfredo's extradition in San Diego. But they
warned Alex that he would have to reveal that he had been tortured
by the troops.
Alex Hodoyan panicked, afraid that General Gutierrez Rebollo would
retaliate if he denounced him.
''No! No! They never did anything to me, Mama, please try to understand,''
he said. ''I thought I explained that to you. I can't say anything
about that until I finish what I am doing here.''
Alex's father suggested to his son that he was suffering from
Stockholm syndrome, which occurs when kidnap victims become attached
to their kidnappers. Alex rejected the idea with a fervor that
suggested he knew it could be true.
''Look, Papa, everything they promised me they have done,'' Alex
Hodoyan said of the military. ''I don't want trouble. I don't
want them to kill me. I don't want that.''
Mrs. Hodoyan said she felt torn apart by the clashing interests
of her two sons.
''Alex, above all, we have to be united,'' Mrs. Hodoyan said,
her voice taut with pain.
Alex replied: ''I am not sure if I can help Alfredo, but at least
I am sure I will be free and clear for the rest of my life. But
if they hurt me here, who will take care of my little girls? They
will be left without a father.''
The Aftermath
General's Arrest Destroys His Hopes
General Gutierrez Rebollo won the fight for Alex Hodoyan's allegiance.
In the last days of November 1996, he summoned Mexican civilian
prosecutors to Guadalajara. In three days of declarations, including
the sections on videotape, Mr. Hodoyan once again told all he
knew about the Arellanos -- this time for the legal record.
Speaking to the police video camera in measured words and abundant
detail, he accused his brother Alfredo of taking part in not one
but several killings.
''Prior to the murder the witness's brother arrived at the hotel,''
the record of Mr. Hodoyan's testimony reads, referring to the
April 1996 killing of a Mexican boxer said to have encroached
on the Arellanos' turf. Alfredo Hodoyan and one other gunman ''were
responsible for finding the victim, whom they murdered in the
hallway that connects the restaurant and the bathrooms of the
hotel.''
In December, after General Gutierrez Rebollo was promoted to head
Mexico's antidrug agency, he offered agents from the United States
Drug Enforcement Administration a chance to debrief his informant.
The D.E.A. had been told of Mr. Hodoyan's military detention more
than a month earlier by the A.T.F. agent who questioned him. Still,
the drug enforcement agents eagerly accepted the offer as a rare
chance to cooperate with the Mexican military and improve their
relations with the general.
''He was showing results,'' the law enforcement official said.
''He was a very confident guy who projected the sense that 'we're
the military -- we're going to get the job done.' His methods,
frankly, were overlooked.''
By February, Mr. Hodoyan had completed his transformation from
hostage to informant. He had been granted formal immunity from
prosecution in Mexico in exchange for his testimony. He moved
freely about the headquarters of the federal drug agency in the
capital, where General Gutierrez Rebollo had been transferred.
On Feb. 10, D.E.A. agents flew Mr. Hodoyan to the United States.
They interviewed him, and hoped that he would eventually be a
cooperating witness for the Government against the Arellanos.
The D.E.A. did not allow its Mexico agents to comment about their
role.
But James J. McGivney, the agency's spokesman, said Mr. Hodoyan
had given no indication he had ever been mistreated. ''Every time
the D.E.A. saw this guy, he was walking around having a good time,''
Mr. McGivney said. ''When we see him, he's not bruised, not beaten,
no chili peppers up his nose, no signs of duress.''
Soon after he arrived in the United States, Mr. Hodoyan, his 32-year-old
wife, Bertha Gastelum de Hodoyan, and his mother met with the
American prosecutor who was handling the extradition of his brother.
The mother said she had prodded Alex to tell the Assistant United
States Attorney, Gonzalo P. Curiel, about his torture in Mexico.
But according to both women, Mr. Curiel was reluctant to listen.
He replied, ''This is more than I want to hear.''
Mr. Curiel declined to be interviewed, noting that he is barred
from discussing pending cases.
On Feb. 18, the fragile world Mr. Hodoyan built as an informant
imploded. Mexican military officials announced the arrest of General
Gutierrez Rebollo. They released photographs showing that as drug
czar he had lived in a luxury apartment owned by Amado Carrillo
Fuentes, the leading trafficker.
Mr. Hodoyan reeled. His savior was just another drug don. The
information he had given to redeem himself had probably just gone
to benefit another cartel.
Meanwhile, one of the Arellanos top gunmen, Fabian Martinez, ''the
Shark,'' placed several calls from hiding to the Hodoyans, saying
he knew Alex was a Government informant.
Then the American prosecutor, Mr. Curiel, said he intended to
put Mr. Hodoyan before a grand jury investigating Arellano operatives,
including his brother and his friend Mr. Valdez, Mr. Hodoyan's
family said. He would have to go briefly to jail, but then he,
his wife and daughters could join a witness protection program.
''I'll never forget what he said,'' recalled his wife, Bertha
Hodoyan. '' 'You know what?' he said. 'I'd rather have them kill
me.' ''
Before dawn on the morning of Feb. 20, Mr. Hodoyan committed what
a United States official described as ''totally irrational and
suicidal act.'' He bolted from San Diego and appeared, wild-eyed
and disheveled, at his parents' home in Tijuana.
''He was crazy, loco, desperate,'' Bertha Hodoyan said. ''He was
crying, telling us he was sorry. Completely neurotic. He was just
like a little child, crying and crying.''
Thirteen days later, when Mr. Hodoyan was driving in downtown
Tijuana with his mother, armed men blocked the path of their vehicle,
dragged him out, shoved him into another car and sped away.
He has not been heard from since.
His brother Alfredo and his friend Mr. Valdez remain in prison
in San Diego fighting extradition to Mexico. Their lawyers have
asserted that the statements of Alex Hodoyan and other witnesses
provided by Mexico were obtained through torture and are thus
invalid.
Mr. Curiel acknowledged recently at a court hearing in San Diego
that the allegations of torture were plausible and serious, but
said they should be investigated by the Mexican authorities.
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