UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No.: 22-cr-20423-RNS

UNITED STATES of AMERICA

v.

NEPMAR JESUS ESCALONA,

Defendant.

_________________________________________/

DEFENDANT’S MOTION TO IDENTIFY

& SUPPRESS ALLEGED DEFENDANT STATEMENTS

COMES NOW DEFENDANT, Nepmar Jesus Escalona, by and through 

undersigned counsel, and respectfully requests suppression of all statements, 

admissions and confessions allegedly given by the defendant, whether oral, written 

or otherwise recorded, which the government proposes to use as evidence against the 

defendant at trial. Fed.R.Crim.P. 12(b)(3).

The parties have discussed this issue but have not agreed on a resolution. 

Accordingly, this motion is filed in compliance with Local Rule 88.9, and this Court’s 

scheduling order of September 20, 2022, at Docket Entry 15.

Background

By indictment dated September 7, 2022 (Dkt. 10), Mr. Escalona is charged with 

conspiracy to launder monetary instruments through wire fraud, offenses against a 

foreign nation involving fraud against a foreign bank, and offenses against a foreign 

nation involving bribery of a foreign official. 18 U.S.C. § 1956(h); 18 U.S.C. 

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§1956(a)(2)(A); and 18 U.S.C. §1956(a)(2)(B)(i).1

In pretrial litigation, government counsel indicated to defense counsel and in 

a pleading before this Court that Mr. Escalona made statements to government 

agents and prosecutors allegedly admitting wrongdoing. Dkt. 36, Gov. Notice, p.3 

(“The government’s evidence will include statements made to agents of the United 

States Drug Enforcement Administration by the defendant during a series of 

voluntary meetings in South Florida, including one on March 19, 2018, during which 

the defendant detailed bribe payments to twelve specific public officials in Venezuela 

in furtherance of the illegal conspiracy.). Mr. Escalona denies the government 

allegations and files this motion to determine when such alleged statements were 

made, to whom, who was present, how were such events memorialized, and moves to

suppress all such alleged statements.

.

Authority & Argument

All statements, admissions, or confessions obtained in violation of a 

defendant’s privilege against self-incrimination and right to counsel are inadmissible 

at trial. U.S. Const. amend. V and VI. Miranda v. Arizona, 384 U.S. 436 (1966). The 

privilege against self-incrimination and right to counsel are fundamental 

constitutional principles. Waiver of these rights will be upheld only after careful 

inquiry into the factual basis for any alleged waiver. Johnson v. Zerbst, 304 U.S. 458, 

1 The pending indictment also contains a “Forfeiture Allegation.” Indictment, Sept. 

7, 2022 [Dkt. 10].

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464 (1938), overruled in part on other grounds by Edwards v. Arizona, 451 U.S. 477 

(1981).

The alleged actions by government agents and prosecutors in this case violated 

due process rights under the Fifth Amendment. Mr. Escalona asserts that he did not

make such statements, and that he certainly did not knowingly, willingly, or 

voluntarily waive any constitutionally protected rights. See Miranda v. Arizona, 384 

U.S. 436, 468-469 (1966). The government bears the heavy burden of demonstrating 

that Mr. Escalona made such statements, and that if he had, that he made the

statements knowingly and voluntarily, and with sufficient awareness of the 

consequences of waiving those vital constitutional rights.

WHEREFORE, Mr. Escalona respectfully requests the identification of any 

alleged statements, when such alleged statements were made, to whom, who was 

present when they were made, and how were such statements memorialized. Mr. 

Escalona moves to suppress all such alleged statements whether oral, written or 

otherwise recorded, which the government proposes to use as evidence against the 

defendant at trial. Fed.R.Crim.P. 12(b)(3).

Filed this 17th day of March 2023.

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Respectfully submitted,

LAW OFFICES OF NAYIB HASSAN, P.A.

 /s/ Nayib Hassan

 By: ______________________________

Nayib Hassan

6175 NW 153 Street, Suite 209

Miami Lakes, Florida 33014

RETURETA & WASSEM, P.L.L.C.

 By: ______________________________

Manuel J. Retureta, Esq.

District of Columbia Bar #430006

300 New Jersey Avenue, NW, Suite 900

Washington, D.C. 20001

202.450.6119

MJR@RETURETAWASSEM.COM

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing pleading 

was served by ECF, on this 17th day of March 2023, on all counsel or parties of record 

on the service list.

LAW OFFICES OF NAYIB HASSAN, P.A.

 /s/ Nayib Hassan

 By: ___________________________________

Nayib Hassan

6175 NW 153rd Street, Suite 209

Miami Lakes, Florida 33014

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