Washington, D.C. – A federal magistrate judge has ordered the pretrial detention of Mario Bustamante Leiva, the man accused of stealing Homeland Security Secretary Kristi Noem’s purse while she was dining at a Washington, D.C., restaurant under Secret Service protection. U.S. Magistrate Matthew Sharbaugh determined that Bustamante Leiva poses a flight risk and must remain in custody.
Bustamante Leiva, a 49-year-old Chilean national, pleaded not guilty to charges of wire fraud, robbery, and aggravated identity theft. Investigators allege that video footage captured him stealing Noem’s purse on April 20. He is also charged with stealing purses from two other individuals at separate restaurants earlier in the same month.
Prosecutors did not argue that Bustamante Leiva poses a danger to the public. One of his attorneys, Ubong Akpan, argued that purse snatching is “not the most serious case that we have in the federal courts,” emphasizing that her client did not physically harm or directly interact with the victims.
Judge Sharbaugh acknowledged the seriousness of the charges but noted that the amount of money allegedly stolen by Bustamante Leiva is relatively small compared to other federal fraud cases. A Secret Service agent’s affidavit stated that Bustamante Leiva used Noem’s stolen credit cards to make unauthorized purchases of over $200 at another restaurant. However, the indictment specifies that the unauthorized charge was just over $15.
While the agent’s affidavit did not explicitly name Noem, the information contained within court records aligns with details of the theft reported by her. In a statement, Noem referred to the suspect as “a career criminal who has been in our country illegally for years.” Authorities have stated that there is no evidence suggesting Noem was specifically targeted due to her position.
Prosecutor Benjamin Helfand argued that Bustamante Leiva has a history of failing to appear in court for similar offenses, lacks ties to the Washington, D.C., area, and appears to be “almost transient.” Akpan countered that Bustamante Leiva has connections to New York and New Jersey, and suggested that a language barrier may have contributed to his failure to appear in a recent New York theft case.
Bustamante Leiva was arrested on April 26, along with a second suspect, Cristian Montecino-Sananza. They were indicted last Thursday. Montecino-Sananza is not charged in the count related to the theft of Noem’s purse. The affidavit indicates that Bustamante Leiva appeared to be “acting in concert” with a second suspect during one of the other thefts.
Investigators identified Bustamante Leiva as a suspect after he used a stolen gift card at a motel. During questioning, he was shown a photo of Noem and stated that he did not recognize her. Investigators recovered Noem’s purse and wallet from his motel room.
U.S. Immigration and Customs Enforcement has lodged an immigration detainer against Bustamante Leiva. The case has been assigned to U.S. District Judge Trevor McFadden, who was nominated by Republican President Donald Trump.
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