LOS ANGELES (AP) — In a shocking turn of events, federal immigration authorities allowed a key suspect in a massive $100 million jewelry heist, which is believed to be the largest in U.S. history, to voluntarily deport himself to South America in December. This decision has caused considerable frustration among prosecutors who were preparing for a criminal trial and anticipated imprisonment for the suspect, Jeson Nelon Presilla Flores.
Flores was one of seven individuals charged last year in connection with the brazen theft that occurred in July 2022. The group was accused of following an armored truck to a remote freeway rest stop north of Los Angeles and making off with millions of dollars' worth of diamonds, emeralds, gold, rubies, and luxury watches. If convicted, Flores faced up to 15 years in federal prison for his alleged involvement in a conspiracy to commit theft from interstate and foreign shipment.
Flores had pleaded not guilty to the charges against him. However, in a somewhat unexpected move, U.S. Immigration and Customs Enforcement (ICE) facilitated his voluntary departure in late December after he requested to leave the country, as reported in court filings. This move reportedly caught legal authorities off guard, prompting significant concern among the jewelry companies that were victimized.
Jerry Kroll, an attorney representing some of the affected jewelers, expressed dissatisfaction with the outcome, stating, “When a defendant in a major federal theft case leaves the country before trial, victims are left without answers, without a verdict, and without closure.” The incident has raised questions about the communication between federal prosecutors and ICE.
Following his deportation, Flores's attorney, John D. Robertson, has filed a motion calling for the indictment against Flores to be dismissed permanently, arguing that the criminal prosecution rights of his client were compromised during the immigration proceedings. Federal prosecutors, however, have contested this motion, hoping that charges against Flores could be dropped “without prejudice” to enable potential future prosecution should he return to the U.S.
Curiously, despite being a lawful permanent resident and released on bail at the time, Flores was transferred to ICE custody in September. Prosecutors maintain that they were not made aware of the immigration detainer attached to Flores. This lack of communication has been described as a violation of his rights, as emphasized by Robertson in his dismissal motion.
Flores chose to be deported to Chile after an immigration hearing on December 16. Although the presiding judge denied his application for voluntary departure, a final order of removal was issued, resulting in his deportation to Ecuador. Prosecutors defended their actions, contending that they adhered to procedural norms regarding the handling of civil immigration matters while criminal charges were still forthcoming.
Former federal prosecutor Laurie Levenson described the circumstances surrounding Flores’ deportation as highly unusual, particularly given the serious nature of the case. In typical scenarios, immigration officials would notify prosecutors of any developments in a criminal defendant's immigration status, particularly in significant cases. Levenson remarked on the level of disorganization in this situation, stating, “It’s just beyond me how they would deport him without the prosecutors ... being in on the conversation.” This incident reflects a breakdown in communication within the federal justice system.
The notorious jewelry heist that led to these legal proceedings unfolded after suspects had observed a Brink’s tractor-trailer departing from an international jewelry show near San Francisco, which was loaded with numerous bags of valuables. While the victims estimated their losses to be over $100 million, Brink’s asserted that the total value of the stolen items was under $10 million. A lawsuit filed by Brink’s highlighted a lapse in security, indicating that one of the truck drivers was asleep during the theft while the other was preoccupied acquiring food inside the rest stop.
