The 14-count grand jury indictment, returned on April 11, 2012 and unsealed today charges conspiracy to violate the RICO statute; conspiracy to possess more than five kilograms of cocaine and over 1000 kilograms of marijuana; conspiracy to import more than five kilograms of cocaine and 1000 kilograms of marijuana; conspiracy to commit money laundering; conspiracy to possess firearms in furtherance of drug trafficking crimes; murder in furtherance of a continuing criminal enterprise (CCE) or drug trafficking; engaging in a CCE in furtherance of drug trafficking; conspiracy to kill in a foreign country; kidnapping; and violent crimes in aid of racketeering.
One of the counts against El Chapo carries the death penalty (Count 11, Murder While Engaging In or Working In Furtherance of a Continuing Criminal Enterprise or Drug Trafficking.) Four victims are listed by their initials. However, Mexico does not allow extradition unless it is assured in advance the death penalty will not be sought.
23 defendants are charged in the case, including Sinaloa co-leader Ismael Zambada-Garcia, who is still at large.
After El Chapo's most recent prison escape in July 2015, Mexico granted an arrest warrant for his extradition to the Southern District of California in the 1995 tunnel case. El Chapo requested and obtained an Writ of Amparo against the arrest warrant, guaranteeing he could not be extradited without a hearing.