Music executive Ángel Del Villar will remain a free man while he appeals his convictions for doing business with Mexican drug cartels, a federal judge said.
Del Villar was scheduled to report to prison on Dec. 1 to begin serving his four-year prison sentence on the cartel-ties convictions, but Judge Maame Ewusi-Mensah Frimpong granted his request to stay out on bond during the appellate process. Such appeals can take a year or more to resolve.
Siding with arguments last month by Del Villar’s attorneys, the judge said the convicted executive had cleared the low bar for remaining free: that his appeal raised sufficiently arguable points about her jury instructions that an appellate court might be persuaded.
“Del Villar need only show that his appeal raises a fairly debatable question,” Judge Frimpong wrote. “The Court finds that—although the Court does not see any error in its trial rulings or in its jury instructions—that at least the question of the deliberate ignorance instruction is a ‘fairly debatable’ one.”
Del Villar, who founded his Del Records in 2008, built the label into a powerhouse for regional Mexican music, home to supergroup Eslabon Armado, Lenin Ramirez and other chart-topping artists.
But in June 2022, federal prosecutors unveiled charges against Del Villar, 41, CFO Luca Scalisi, 56, and Del Records under the Foreign Narcotics Kingpin Designation Act – a statute that allows the U.S. to impose targeted sanctions on foreign individuals involved in the illegal drug trade and ban U.S. residents from doing business with them.
The feds claimed that Del Villar had repeatedly arranged concerts with Jesus Pérez Alvear, a Guadalajara-based promoter with cartel ties. And at a March trial, superstar Gerardo Ortiz took the stand to testify against Del Villar, saying he had seen Pérez Alvear at the Del Records offices and had himself performed at one of the promoter’s concerts.
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Del Villar’s defense attorneys argued back that he had been “manipulated” into working with Pérez Alvear by a “trusted” former employee. But the jury didn’t buy it, finding him guilty on 10 counts of violating the Kingpin law, as well as one conspiracy charge. In August, Judge Frimpong sentenced him to 48 months in prison on those convictions.
With that sentence looming and his appeal still in the earliest stages, Del Villar’s attorneys urged the judge to postpone his December prison report date. In the process, they also previewed how they will likely challenge the verdict on appeal.
They say they have a particularly strong argument on how the judge instructed jurors that they could convict Del Villar by finding that he willfully blinded himself to Pérez’s shady connections. They say prosecutors couldn’t prove he took concrete actions to avoid such knowledge, but that Judge Frimpong gave the jurors that option anyway.
“The government pointed to no evidence — and the record contains none — from which a jury could conclude beyond a reasonable doubt that Del Villar took ‘deliberate actions’ or made ‘active efforts,’ his lawyers wrote, later adding that the judge’s instruction “went to the heart of the most hotly contested aspect of the case.”
