Supporters of US trucker Jabin Bogan, imprisoned in Mexico and charged with illegally introducing prohibited ammunition into the country continue to ignore the facts surrounding the case while spinning a story they hope will hit home in the court of public opinion.
Most of us who are real professional truckers, cannot comprehend how Bogan, a relative rookie with less than 4 years experience, could end up with his rig in Mexico. After all, the route into Mexico is well marked and the route Bogan was taking would have necessitated a deliberate left hand turn off the border highway to put him onto the bridge.
Only Bogan can tell us what his intent was. But I think we can all agree that Bogan is a person with a slop jar full of stupid who probably shouldn’t possess a CDL based on his lack of judgment that landed him in one of the most notorious prisons in Mexico. Did Bogan deliberately enter Mexico with the intent of smuggling the ammunition? I don’t believe he did but what I think and what everyone else thinks is immaterial at this point.
The point that Bogan’s supporter and those who are indecisive choose to ignore is that Jabin Bogan is guilty of the charge leveled against him. Introducing ammunition reserved for the exclusive use of the military into Mexico.
Let’s put aside the how’s, why’s, wherewithal’s and everything else. Let’s ignore the spin from his family, the ever changing scenario coming from his boss Dennis Mekenye and the rest, who just can’t seem to get it quite right and concentrate on the only thing that matters.
DID U.S. TRUCKER JABIN BOGAN ENTER THE UNITED STATES OF MEXICO WITH ARTICLES PROHIBITED UNDER THE LAWS OF THAT SOVEREIGN COUNTY?
There is only one answer to that question and that answer is a resounding and emphatic YES!
Those are the facts that his supporters choose to ignore, because, well, “it’s Mexico, and what right does a corrupt little third world country have arresting an innocent American truck driver”? I’m serious! You can’t make this crap up.
Enter into the fray Aubrey Allen Smith, a self described “truckers advocate and Dan Fuller, another trucker with an online presence. Smith, well known for his distaste and ignorance about Mexico and who never misses an opportunity to bash anything to do with Mexico, came out with an internet radio program about the Bogan case.
Dan Fuller, established a free web page to facilitate spreading the misinformation and catering to like minded people who think Mexico has no place in this hemisphere, much less a voice. Mr. Fuller’s justification for pursuing this is because he “remembers accidentally crossing into Canada numerous times in his career.” While that claim is as dubious as Bogan’s claim of “accidentally” entering Mexico, we’re sure he’ll stick to his story, regardless that it makes him look as incompetent as Bogan.
But back to Aubrey Allen Smith and his little internet radio program. Carefully choreographed with dissenting opinion not allowed and callers who do not agree with his point of view, quickly dispatched.
His guests included Bogan’s mother Aletha Smith, Carlos Spector, Bogan’s US attorney coordinating things on the US side, Dennis Mekenye, owner of DEMCO Transportation, Bogan’s employer and Howie Glaser, the owner of United Nations Ammo Co., the intended receiver of the ammunition.
Here’s a quick synopsis of the players.
Aubrey Allen Smith: Continued to point out he had copies of the Bill of Lading, Cashiers check for the ammunition and other evidence that it was a legal load, that Bogan is innocent and must be released. Smith deliberately misses the point or chooses to ignore it because it does not fit his agenda.
Dennis Mekenye: Make the incredulous and unbelievable statement in a voice with a heavy African accent, that he was born and raised along the border and knows how mistakes happen, then turns around and say he’s only been there a few times. He further claims that he tracks all of his vehicles with GPS that “pings” the truck every “5 minutes”, which is unrealistic, because it would be cost prohibitive. He further states that his abysmally poor safety record with the FMCSA should not be held against him and hopes said agency will issue a letter further absolving his company of any guilt.
Aletha Smith: I have sympathy for the woman, as a parent who has a child in trouble. But that feeling of sympathy has a limit and the limit is reached listening to her in this interview. At times, it seemed she was guiding the conversation in a pre planned direction, asking leading questions of the others so they could keep their stories straight. And then at what she considered the appropriate moment, the spirit hit her and oh my God, all the hysterical testifying, signifying and glorifying while the tears flowed. Enough about her.
Howie Glaser, owner of United Nation Ammo: This guy, in my opinion is a real sleeze. He’s lost $100,000.00 in product that according to him cannot be replaced but everything is lollipops and rainbows. All he is concerned about is that poor innocent boy being unfairly held in Mexico. Anybody believes that, I’ve got a tropical island in the middle of Wyoming I’ll sell you. His company, United Nations Ammo, was established in 2007, right about the time President Obama was elected and the rush was on to stock up on ammunition for the coming civil war, race war, whatever war the far right wingnuts could think up. His inventory has little to do with supplying the hunter or sportsmen unless said hunters and sportsmen are out in the desert perhaps, hunting Mexicans or preparing to wage war against our government. Legitimate hunters and sportsmen have no need to buy online from a store that sells parachute flares, .50 caliber and lower ammo including tracer rounds and other things of a quasi military nature. And Glaser can’t decide what was in the shipment he paid $100k for. At various times it’s been ammo for sniper rifles, AR-15 and M-14 ceremonial rifles, which all of us veterans know uses blanks. In this interview he claimed the shipment was 250,000 rounds of .308 caliber and 18,000 rounds of .223 ammo. Next time he’ll probably claim it was .22 caliber blanks. Glaser also misses the point. If it is ammunition, it is illegal to possess or import into Mexico.
Carlos Spector, El Paso Attorney: This man deserves and has a little respect from me for telling the truth, at least partially. He acknowledged that the justice system has made great strides toward modernization in recent years, which contrasts with Allen Smith’s assertion that it’s totally corrupt. Spector lays the corruption at the feet of the officials that inspected, discovered and arrested Bogan, and personally I think the blame is misplaced. In recent years, Aduanales Mexico, Mexico Customs has rid themselves of the old corrupt agents at the border and replaced them with college educated, thoroughly vetted and trained agents who, from my perspective and experience are dedicated to their jobs, and all have taken required courses in English.
Spector went on to explain that they’re “Judge shopping” hoping to get a particular judge in Juarez that would be sympathetic to Bogan’s case. Now, in my mind, that’s corrupt but I doubt if we hear Allen Smith or the rest complain since the corruption would benefit his cause. Hypocrisy anyone?
Spector also confirmed what I’ve said before. The load of ammunition is gone, confiscated, hasta la buh bye… To bad so sad, sucks to be you Howie, and this is a good thing. There is no telling how many lives will be saved in the deserts of Arizona, in Mexico and in the rest of the US with this crap off the streets.
Where Spector loses my respect was when he revealed his plans going forward. He stated that as soon as information is received, he’ll urge everyone to flood the Mexican prosecutors, the court the case is assigned to and the judge with phone calls, email and snail mail, demanding Bogan’s quick release.
Considering some of the comments we’ve seen around the internet regarding Mexican trucks, Bogan and other issues regarding Mexico, this kind of support could help Bogan get the full 30 year sentence.
At the end of the day though, Allen Smith and the rest can beat their chests, shout their demands and probably, profit from Jabin Bogan’s situation and they will still refuse to acknowledge one very simple but vital fact, and that is that Jabin Bogan Akeem is guilty of the crime he is charged with.
Jabin Bogan, 27, has been formally charged by Mexican prosecutors with smuggling 268,000 rounds of military grade ammunition into Mexico without permission.
Jabin Bogan, the driver for DEMCO Transportation, who was caught with 268,000 rounds of military grade ammunition when he “inadvertantly” crossed into Mexico from El Paso, has been formally charged with violating Mexico’s uber strict gun laws.
Bogan was charged yesterday with importing ammunition exclusive to the Mexican military, a crime that could put him behind bars in Mexico for 5-35 years.
Under Mexican law, Bogan, through his attorney, now has 30 days to appeal the indictment. In other words, he will be appealing the charges and the charging document, and a Federal judge assigned the case will decide if the charges stand and he is held to answer the charges.
Dennis MeKenye of Demco Transportation. Bogan’s boss has been harping that they have documentation proving Bogan made a wrong turn by accident. That “documentation”, the Bills of Lading for the load, only prove that the 9 pallets of military grade ammunition was being legally hauled between the shipper in Tennessee and the receiver in Phoenix. It does not prove one way or the other Bogan’s intent and whether his foray into Mexico was planned or accidental. But McKenye, seems to think that these documents, will prove his employees innocence and result in his release and has been demanding Mexico accept them at face value.
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Mexican Forensic team examines the body of 15 year old Sergio Adrian Hernandez Güereca, murdered in cold blood by a cowardly US Border Patrol officer Jesus Mesa Jr. who sent multiple rounds across the Mexican/US border.
The outcome of the case against the US trucker charged with smuggling 268,000 rounds of ammunition into Mexico last week could be further complicated by the conclusions of an investigationreleased by the US Department of Justice on Friday.
On June 7, 2010, Border Patrol Agent Jesus Mara Jr, according to witnesses and video, without provocation shot and killed 15 year old Sergio Adrian Hernandez Güereca who was standing behind a bridge pillar on Mexican soil.
The US Department of Justice launched an investigation and the results of that investigation were released on Friday
In essence, it said that Border Patrol Agent Jesus Mara Jr. “did not act inconsistently with CBP policy or training regarding use of force.” and that ” there was insufficient evidence to pursue federal criminal charges against Border Patrol agent Jesus Mara Jr.”
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Josue Cruz, a driver for Transportes Olympic inaugurated the new Mexico Cross Border Pilot Program when he arrived in Laredo today on his first trip to Garland Texas
An editorial caught me eye this morning, on this day that the first Mexican carrier to be granted authority to operate beyond the commercial zone enters the U.S. It reads in part;
When a nation signs and ratifies a treaty with another, it is in effect a contract between those countries.
And when one country later simply decides it does not like the terms of the treaty and unilaterally decides to stop abiding by those terms —- well, that nation isn’t behaving very honorably, is it?
The roadblocks being thrown up by groups like OOIDA and the Teamsters that have prevented the United States from honoring their contract is nothing short of dishonorable.
Today changes that as a truck belonging to Transportes Olympics of Apodaca Nuevo Leon and driven by Joshua Cruz, 29 and a father of three from the Monterrey area. Cruz, who has been driving for Transportes Olympic since March has more than 10 years experience behind the wheel.
[pullquote]“I consider my fleet’s access to the U.S. interior like being invited to a friend’s house. ”We have to be extra orderly and very respectful. We will demonstrate that we can operate safely and efficiently.” Fernando Paez Trevino [/pullquote]
Cruz, driving a 2009 Freightliner Cascadia, unit number 76 will be pulling flatbed with a 30 foot drilling tower to Garland Texas for a 0700 delivery appointment on Saturday with Atlas Copco Drilling Solutions, which specializes in the manufacturing and marketing of equipment used in drilling and exploration industries such as oil, water, mining, among others. The tower originated from INMAGUSA in Monclova Coahuilla and arrived on Transportes Olympics Apodaca terminal yesterday.
After leaving Apodaca this morning, Cruz arrived at Bridge #3 in Laredo to plenty of fanfare and celebration. Greeting Cruz as he began the inspection process that all of the participants must undergo each time they cross the border, was the Secretaries of Economy and Transport and Communications, Bruno Ferrari and Dionisio Perez-Jacome, respectively, the U.S. ambassador in Mexico, Anthony Wayne, and the governor of Tamaulipas, Egidio Torre Cantú.
“With this program, we’re initiating a new stage of competition, of prosperity, of regional integration,” said Bruno Ferrari, Mexican secretary of the economy.
U.S. Ambassador Anthony Wayne said governments “have to support the businesses in their efforts to reduce costs and accelerate trade.”
Following the Level I CVSA inspection by personnel from the FMCSA and Texas DPS, something not required of the Canadians when they enter the country, Cruz will proceed up I-35 to his destination in Garland Texas.
Hours before today’s ceremony in the border city of Nuevo Laredo, Mexico announced it was suspending the tariffs. But the Mexican government warned that they would be reinstated if the U.S. does not honor the accord.
Transportes Olympic, a wholly owned Mexican company established in 1999 was also the first carrier authorized to cross during the successful 2007 demonstration project, which was defunded by Congress under threats from the Teamsters and others.
Transportes Olympics successful participation in the previous program gives them a “fast track” to permanent operating authority under the rules of the current program, something they have certainly earned and deserve.
So now we sit back and observe as this program commences and once again the Mexican carriers who are approved show once again that they are more than capable of operating in this country, complying with our rules and regulations and conducting themselves in a safe and professional manner as they have in the past.
Juan Carlos Munoz, president of Mexico’s largest trucking trade group, known by its Spanish initials as CANACAR, noted that opposition remains in Mexico. Some Mexican trucking companies doubt that the U.S. will treat them the same as American drivers.
“But we can’t cry before they hit us, as we say here in Mexico,” Munoz said. He called Friday’s activity the “first step on a long climb.
We’ll also sit back and chuckle a little at each impotent attempt to demonize the program and it’s participants as is continuing by the Teamsters and OOIDA and their allies in Congress.
And indeed it is impotent attempts as acknowledged by Rep. Peter DeFazio (D-OR) who acknowledged yesterday that he was losing the fight to stop this legal obligation of ours. DeFazio has had no success in getting his HB-2407 bill out of committee that would limit this to a pilot program. He acknowledges that he has little chance of getting an amendment into a continuing appropriations bill. Indeed, 9 out of 10 calls to Congress have been in support of the program.
And should by some strange twist of fate, the opponents succeed in once again delaying, defunding or causing the program to be suspended or scrapped, Mexico stands ready to bring the tariffs back with a vengeance, as they have every right to do.
Get used to it people! These well managed, closely monitored Mexican carriers are here to stay. Instead of beating your heads against the wall, making empty threats against the drivers, perhaps we should be looking at ways to profits from their presence. After all, Mexican trucks are nothing new to American roadways. They’ve been allowed for more than 60 years. You haven’t realized this because the Mexicans rarely do anything that brings attention to them. In other words, they operate in a safe professional manner under the same rules as US drivers and the 37,000 Canadian trucks that enjoy full access to the US with little oversight.
Two of the trucks owned by Transportes Olympics of Apodaca Nuevo Leon, the first Mexican carrier once again, to be granted provisional authority to operate in the US under the Mexico Cross Border Pilot Program
What can only be described as a resounding success in our efforts to see the United States come into compliance with it obligations under the NAFTA accords, the remaining 50 percent of the $2.4 billion regulatory tariffs imposed by Mexico in 2009 will now be lifted.
The tariff’s, imposed after the Obama Administration signed a funding bill in 2009 that shut down the previous demonstration program which in it’s 18 months was highly successful, have cost American workers more than 25,000 jobs and 14% market share in the agricultural sector.
[pullquote]This is a big win for American farmers and consumers, who will no longer have to struggle with onerous tariffs imposed by Mexico,”, noting that U.S. farmers of apples, grapes, pears, potatoes, pork, Christmas trees and other products would now be able to compete on equal footing and increase American exports. – Transportation Secretary Ray LaHood[/pullquote]
The Transportes Olympics is not a small fleet despite only offering 2 trucks for inclusion into the Cross Border Pilot Program
Transportes Olympics, despite frivolous objections by OOIDA, Teamsters and others is once again, the first carrier to receive provisional authority under the new pilot program. In a phone call this morning to the companies headquarters in Apodaca, Nuevo Leon, a suburb of Monterrey, a spokesman for Transportes Olympic told MTO that they would have trucks crossing the border within a week. Senior driver Luis Gonzalez is likely to once again be the standard bearer for the company.
Transportes Olympics owner Fernando Paez, also owns two US domiciled trucking companies. Fernando Paez Transport and Olympic Transport of McAllen Texas.
Transportation Secretary Ray LaHood said in a statement this morning,
“This is a big win for American farmers and consumers, who will no longer have to struggle with onerous tariffs imposed by Mexico,”, noting that U.S. farmers of apples, grapes, pears, potatoes, pork, Christmas trees and other products would now be able to compete on equal footing and increase American exports.
Interestingly enough, Secretary LaHood announced yesterday that he would not be serving as Transportation Secretary after 2012.
Congratulation to Sr. Paez and all the others who have successfully overcome the hurdles thrown at them by opponents of cross border trucking and their lackies in Congress to once again successfully obtain the operating authority they have so long been denied.
Safe compliant, well maintained Mexican trucks will be allowed access to US within 30 days
On August 19, 2011, the Office of the Inspector General for the United States Department of Transportation, a non-partisan independent office tasked with oversight of the various agencies, released it’s long awaited audit on the Mexican cross border program, preparing to get underway.
This audit was required by Section 6901 of the U.S. Troop Readiness, Veteran’s Care, Katrina Recovery, and Iraq Accountability Act, 2007. The objective of the USDOT-OIG was to assess FMCSA’s policy, procedures, and processes for granting operating authority to Mexico–domiciled motor carriers under the pilot program and for monitoring and ensuring the carriers’ compliance with United States laws and regulations.
The Office of the Inspector General found that FMCSA was generally in compliance with all mandates of Congress, including section 350(c), contrary to what opponents have claimed.
The Inspector General found that FMCSA was lacking in 5 areas, none of which was a safety sensitive area.
- FMCSA has not yet identified the specific process it will use to comply with five requirements for conducting fifty percent of the pre-authority safety audits and compliance reviews onsite in Mexico
- FMCSA has not yet issued site–specific plans for checking drivers and trucks at the border.
- FMCSA has not yet established a system to verify driver and truck eligibility for the pilot program
- FMCSA has not yet issued an implementation plan nor acquired electronic monitoring devices for use in the pilot program.
- FMCSA has not yet conducted pilot program training for inspection personnel at the border and within the United States.
In other words, the defects the Inspector General found are administrative in nature.
The Inspector General went on to state that FMCSA had concurred with their recommendation to develop an action plan for inclusion in its report to Congress prior to starting the pilot program, and expects to submit its report to Congress in September 2011. The USDOT Inspector General therefore considered their recommendation resolved but open pending completion of the planned action.
You can download the complete report
HERE.
HB-2407 Update.
We learned from sources this morning that Rep. Peter DeFazio’s HB-2407, designed to limit the pilot program to 3 years and prohibit granting of permanent operating authority to Mexican carriers, is all but dead, with the withdrawal of 3 of the 19 co-sponsors of the bill.
You'll soon being seeing safe, modern Mexican rigs driven by professional drivers on US highways as the US finally complies with it's obligations under NAFTA
During the scheduled meeting of the Motor Carrier Safety Advisory Committee in Alexandria Virginia yesterday, those were the words of Carlos Sesma, an attorney representing Mexican trucking interests before the committee.
And Sesma was correct.
The MCSAC is a subcommittee of the FMCSA charged with overseeing the Mexican Cross Border Pilot Program.
OOIDA Executive Vice-President Todd Spencer who is a member of the committee was making the usual asinine and totally false claims about the program.
“What’s behind this is access to cheaper sources of labor,” Spencer claimed after the meeting, repeating the thoroughly debunked claim that it will put American jobs at risk and raises numerous safety concerns.
Mexican trucks have historically shown to have a lower percentage of Out of Service violations for vehicles and drivers than their US counterparts.
A representative of the Teamsters Union who sits on the committee, Lamont Byrd, director of safety and health for the Teamsters union, said he had concerns also, but refused to elaborate on what they might be. (As if we can’t guess)
But the agreement will not take jobs from U.S. truckers, Sesma said, because Mexican drivers won’t stay in this country for work. As for safety, he said, cross-border truckers from Mexico are from areas near the U.S., so most read and speak English and understand U.S. traffic laws.
Bill Quade, a program administrator for the FMCSA, countered, “I suspect the Mexican government will put billions of dollars of tariffs back onto U.S. goods, if the program is delayed again.” Quade is correct.
Mexico reserved the right to reestablish the $2.5 billion dollars in legal tariff’s against US exports they put on US produced goods and agricultural products when the Obama Administration caved to pressure from union interests and reneged and defunded the previous highly successful cross border demonstration project. Those tariff’s cost US workers 25,000 jobs and more than 14% market share in the agriculture sector.
Though all the misinformation and hysteria being promoted by the Teamsters and OOIDA, Quade also revealed that to date, only 5 Mexican trucking companies had submitted applications to participate in the program.
Carlos Sesma said the creation of an open border for commerce is inevitable, which is why the agreement makes practical sense. He said the current method of carrying long-distance freight across the border, in which a truck drops a trailer and another picks it up, is inefficient.
It also makes practical sense as it put the United States in compliance with it’s international obligations and with a promise made and evaded for more than 17 years.
But that wasn’t good enough for Spencer, who continued with his naysaying and fear mongering.
Spencer characterized Sesma’s statement “unbelievably exaggerated.” He questioned the ability of U.S. and Mexican states to police drivers with poor records and he claimed that the scarcity of low-sulfur diesel in Mexico, which is needed for most newer-model U.S. trucks, would be a handicap for American truckers trying to penetrate the Mexican market.
“Any real, meaningful truck travel in Mexico isn’t going to be possible,” Spencer said.
Spencer is the master of “unbelievable exaggeration”. As a member of the committee, Spencer is well aware of the FMCSA and individual states ability to access Mexican driver databases and that ultra low sulfur diesel is readily available in Mexico along the lanes that US truckers would run, not that they would need to buy any.
And Spencer ignored the fact that 4 US trucking companies are still successfully and very profitably operating in Mexico after being allowed access under the 2007 cross border trucking agreement with Mexico. That’s right folks! When the US was hurrying to renege on our obligations with Mexico in 2009 by de-funding the previous program, Mexico allowed continuous operation by US participants in their country, to the consternation of CANACAR, the association which represents the majority of major Mexican trucking firms.
OOIDA’s Mark Reddig said in a recent blog entry;
Let me be clear about one thing, though. We intend to fight the opening of this border tooth and nail, with every ounce of energy we have. And we intend to win.
So far, not only have we won every round, but in fact we’ve had most of Congress and numerous other organizations with us.
If you call “winning” using lies, fear mongering, misinformation and other underhanded tactics, winning, then perhaps they have, but it’s nothing to be proud about, but this time fat boy, you lose!
It’s been a helluva month here on the border in the aftermath of Hurricane Alex and the several tropical storms that followed.
At one point, all roads between Nuevo Laredo and Monterrey were closed for several days resulting in a backup of an estimated 11-22,000 trucks.
Parts of Reynosa are still underwater as the Rio Grande is slow in returning to normal there.
Laredo Texas looks as if a tsunami hit the banks of the Rio Grande where at one point, the water was lapping at the side beams of the international bridge, 60 feet above the river.
Freight in the area is still slow in getting back across the border as the maquillas in Monterrey and elsewhere are slowly recovering and gearing back up to full capacity.
Continue with the post below the break to view photos of the disaster.
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