Case Name: United States v. In Re: Nonjudicial Civil Forfeiture Proceeding Regarding One Whisperwatt Diesel Powered Generator Bearing Serial Number 8400948, Model Number DCA85USJ
Case Name: United States of America v. In Re Non Judicial Civil Forfeiture Proceeding Regarding $ 84,020 In United State Currency Seized On Or About August 11, 2020
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Dermot Shea, the Commissioner of the New York City Police Department (“NYPD”), and Peter C. Fitzhugh, the Special Agent-in-Charge of the New York Field Office of Homeland Security Investigations (“HSI”), announced the unsealing of an Indictment charging 18 members of the 59 Brims gang, including the gang’s leaders, with committing various racketeering, narcotics, and firearms offenses, including murder and attempted murder.
WILLIE EVANS, a/k/a “Mills,” JAMARR SIMMONS, a/k/a “Show Off,” ALBERT SHOULDERS, a/k/a “Bundy,” RANELL SLOAN, a/k/a “Rah,” DARNELL COOPER, a/k/a “Jeez,” JOSE RODRIGUEZ, a/k/a “Meso,” SYLVESTER WINT, a/k/a “Vesta,” YONETTE RESPASS, a/k/a “Yonette Davis,” a/k/a “Star Brim,” MARKELL BOBIAN, a/k/a “Kellz,” TIMOTHY COLEMAN, a/k/a “LA,” TYRONE ERVIN, a/k/a “Shoota,” SEAN GAMBRELL, a/k/a “Kash,” DARON GOODMAN, a/k/a “Handsome,” JAVARIS JENKINS, a/k/a “JayBz,” JERLAINE LITTLE, a/k/a “Noni,” SHAMARE REID, a/k/a “Sha,” MARKQUEL SIMMONS, a/k/a “Shellz,” and TYRIQUE SNOWDEN, a/k/a “Ty,” are members of a racketeering enterprise known as the 59 Brims.
The Indictment charges WILLIE EVANS, the gang’s godfather, or highest-ranking, non-incarcerated member, and JAMARR SIMMONS, the highest-ranking member in the Bronx, with the September 28, 2019, murder of Bradford Mensah, 22, in the vicinity of Crotona Park in the Bronx, New York. JAMARR SIMMONS and DARON GOODMAN were previously charged with the January 11, 2020, murder of Jason Parris, 36, in the vicinity of East 170th Street and Webster Avenue in the Bronx, New York.
In addition to EVANS and JAMARR SIMMONS, the Indictment also charges YONETTE RESPASS, the gang’s godmother, or highest-ranking female member, with participating in the racketeering conspiracy and with ordering a slashing.
U.S. Attorney Geoffrey S. Berman said: “As alleged in the Indictment, the defendants were responsible for brutal acts of violence – murders, attempted murders, a maiming, and robberies – in service of the 59 Brims gang. Thanks to the extraordinary work of our partners at the NYPD and HSI, the defendants, who include the leaders of the gang, now face federal charges for their crimes.”
NYPD Commissioner Dermot Shea said: “Targeting and dismantling gangs and crews, and preventing the violence so often associated with their illegal activities, continues to be one of our highest priorities. By using precision policing we are targeting the small percentage of people responsible for committing much of the violence in New York, and making the safest large city in America even safer. I’d like to thank our law enforcement partners for their efforts in helping us achieve this goal.”
HSI Special Agent-in-Charge Peter C. Fitzhugh said: “The list of allegations against those arrested today includes murder, attempted murder, narcotics violations, firearms offenses, and robbery. The 59 Brims gang acts with no apparent regard for human life and today’s arrests hopefully put an end to their senseless violence. As law enforcement, we build investigations to identify not only those who carry out monstrous acts, but also to get the leaders in the organization who facilitate the horrific crimes. Today, due to the great investigative activity in this case, HSI and its partners are happy to announce that those allegedly responsible from the street level to the highest-ranking members of the 59 Brims gang are facing justice, ultimately making the community safer.”
As alleged in the Indictment unsealed today in Manhattan federal court[1]:
On January 11, 2020, DARON GOODMAN and JAMARR SIMMONS shot and killed Jason Parris in the vicinity of 1441 Webster Avenue in the Bronx, and aided and abetted the same. GOODMAN and SIMMONS killed Parris in part to maintain and increase their positions in the 59 Brims racketeering enterprise operating in the Southern District of New York.
On September 28, 2019, WILLIE EVANS and JAMARR SIMMONS shot and killed Bradford Mensah in the vicinity of Crotona Park in the Bronx, and aided and abetted the same. EVANS and SIMMONS killed Mensah in part to maintain and increase their positions in the 59 Brims racketeering enterprise operating in the Southern District of New York.
On September 2, 2019, JAVARIS JENKINS shot at a rival gang member in the Bronx, and aided and abetted the same. JENKINS shot at the rival in part to maintain and increase his position in the 59 Brims racketeering enterprise operating in the Southern District of New York.
On August 28, 2019, TYRIQUE SNOWDEN shot at an individual while attempting to rob the individual of narcotics and narcotics proceeds in the Bronx, and aided and abetted the same.
On August 24, 2019, SYLVESTER WINT and SHAMARE REID shot at rival gang members in the Bronx, and aided and abetted the same. WINT and REID shot at the rivals in part to maintain and increase their positions in the 59 Brims racketeering enterprise operating in the Southern District of New York.
On August 8, 2019, JAMARR SIMMONS, ALBERT SHOULDERS, SYLVESTER WINT, YONETTE RESPASS, and SHAMARE REID maimed and assaulted an individual with a dangerous weapon, and aided and abetted the same, by slashing the individual in the face. SIMMONS, SHOULDERS, WINT, RESPASS, and REID slashed the individual in part to maintain and increase their positions in the 59 Brims racketeering enterprise operating in the Southern District of New York.
On August 1, 2019, JAVARIS JENKINS shot at rival gang members in the Bronx, and aided and abetted the same. JENKINS shot at the rival in part to maintain and increase his position in the 59 Brims racketeering enterprise operating in the Southern District of New York.
On May 21, 2019, JAMARR SIMMONS, TYRONE ERVIN, and SEAN GAMBRELL robbed at gunpoint individuals who were playing a dice game, and shot at the individuals while robbing them, in the vicinity of Davidson Avenue in the Bronx, and aided and abetted the same. SIMMONS, ERVIN, and GAMBRELL robbed and shot at the individuals in part to maintain and increase their positions in the 59 Brims racketeering enterprise operating in the Southern District of New York.
On March 30, 2019, JAMARR SIMMONS and TIMOTHY COLEMAN stabbed a rival gang member in the Bronx, and aided and abetted the same. SIMMONS and COLEMAN stabbed the individual in part to maintain and increase their positions in the 59 Brims racketeering enterprise operating in the Southern District of New York.
On December 6, 2018, JERLAINE LITTLE and others pistol-whipped an individual while robbing the individual at gunpoint in the Bronx, and aided and abetted the same. LITTLE robbed the individual in part to maintain and increase her position in the 59 Brims racketeering enterprise operating in the Southern District of New York.
On November 29, 2018, JAMARR SIMMONS, MARKELL BOBIAN, TYRONE ERVIN, SEAN GAMBRELL, JERLAINE LITTLE, and MARKQUEL SIMMONS pistol-whipped an individual while robbing the individual at gunpoint in the Bronx, and aided and abetted the same. JAMARR SIMMONS, BOBIAN, ERVIN, GAMBRELL, LITTLE, MARKQUEL SIMMONS robbed the individual in part to maintain and increase their positions in the 59 Brims racketeering enterprise operating in the Southern District of New York.
Between January 2019 and September 2019, SYLVESTER WINT made the unauthorized sale of multiple firearms that had been transported in interstate commerce, including at a location in the Bronx.
* * *
EVANS, 28, SHOULDERS, 23, RODRIGUEZ, 26, BOBIAN, 22, ERVIN, 19, GAMBRELL, 22, JENKINS, 22, LITTLE, 28, REID, 18, and MARKQUEL SIMMONS, 23, were arrested today and will be presented before United States Magistrate Judge Barbara Moses. GOODMAN, 22, JAMARR SIMMONS, 33, and SNOWDEN, 20, were already in federal custody. COLEMAN, 32, is in New York City custody and will be transferred to federal custody at a later date. SLOAN, 27, COOPER, 28, and WINT, 21, have not been arrested and remain at large. RESPASS, 28, has not been arrested at this time. This case is assigned to United States District Judge George B. Daniels.
Charts containing the names, charges, and maximum penalties for the defendants are set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the NYPD and HSI. Mr. Berman also praised the New York City Department of Correction, Correction Intelligence Bureau, and the Bronx County District Attorney’s Office for their assistance in the investigation.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Michael D. Longyear, Jacob Warren, and Adam S. Hobson are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
COUNT
DEFENDANT(S)
MAX. TERM OF IMPRISONMENT
Count One: Conspiracy to Commit Racketeering (18 U.S.C. § 1962(d))
All defendants
Life imprisonment as to all defendants except Respass and Coleman, for whom the maximum term of imprisonment is 20 years
Count Two: Murder in Aid of Racketeering
(18 U.S.C. §§ 1959(a)(1) and 2)
Jamarr Simmons
Daron Goodman
Death or a Mandatory Minimum Sentence of Life Imprisonment
Count Three: Use of a Firearm to Commit Murder (18 U.S.C. § 924(j)(1))
Jamarr Simmons
Daron Goodman
Death or Life Imprisonment; Mandatory Minimum Sentence of 5 years
Count Four: Murder in Aid of Racketeering
(18 U.S.C. §§ 1959(a)(1) and 2)
Willie Evans
Jamarr Simmons
Death or a Mandatory Minimum Sentence of Life Imprisonment
Count Five: Use of a Firearm to Commit Murder (18 U.S.C. §§ 924(j)(1) and 2)
Willie Evans
Jamarr Simmons
Death or Life Imprisonment; Mandatory Minimum Sentence of 5 years
Count Six: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
Javaris Jenkins
20 years’ imprisonment
Count Seven: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii) and 2)
Javaris Jenkins
Life imprisonment; Mandatory Minimum Sentence of 10 years
Count Eight: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
Sylvester Wint
Shamare Reid
20 years’ imprisonment
Count Nine: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii) and 2)
Sylvester Wint
Shamare Reid
Life imprisonment; Mandatory Minimum Sentence of 10 years
Count Ten: Maiming and Assault in Aid of Racketeering (18 U.S.C. §§ 1959(a)(2), (a)(3), and 2)
Jamarr Simmons
Albert Shoulders
Sylvester Wint
Yonette Respass
Shamare Reid
30 years’ imprisonment
Count Eleven: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
Javaris Jenkins
20 years’ imprisonment
Count Twelve: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii) and 2)
Javaris Jenkins
Life imprisonment; Mandatory Minimum Sentence of 10 years
Count Thirteen: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
Jamarr Simmons
Tyrone Ervin
Sean Gambrell
20 years’ imprisonment
Count Fourteen: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii) and 2)
Jamarr Simmons
Tyrone Ervin
Sean Gambrell
Life imprisonment; Mandatory Minimum Sentence of 10 years
Count Fifteen: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
Jamarr Simmons
Timothy Coleman
20 years’ imprisonment
Count Sixteen: Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3) and 2)
Jerlaine Little
20 years’ imprisonment
Count Seventeen: Brandishing a Firearm in Furtherance of a Crime of Violence (18 U.S.C. §§ 924(c)(1)(A)(i), (ii) and 2)
Jerlaine Little
Life imprisonment; Mandatory Minimum Sentence of 7 years
Count Eighteen: Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3) and 2)
Jamarr Simmons
Markell Bobian
Tyrone Ervin
Sean Gambrell
Jerlaine Little
Markquel Simmons
20 years’ imprisonment
Count Nineteen: Brandishing a Firearm in Furtherance of a Crime of Violence (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), and 2)
Jamarr Simmons
Markell Bobian
Tyrone Ervin
Sean Gambrell
Jerlaine Little
Markquel Simmons
Life imprisonment; Mandatory Minimum Sentence of 7 years
Count Twenty-Four: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii) and 2
Tyrique Snowden
Life Imprisonment; Mandatory Minimum Sentence of 10 years
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Peter C. Fitzhugh, the Special Agent in Charge of the New York Field Office of Homeland Security Investigations (“HSI”), Raymond Donovan, the Special Agent in Charge of the New York Division of the U.S. Drug Enforcement Administration (“DEA”), and James P. O’Neill, Commissioner of the New York City Police Department (“NYPD”), announced today the unsealing of an indictment charging JOSE RODRIGUEZ, a/k/a “Hov,” a/k/a “Hov Goon,” with murder in aid of racketeering, conspiracy to commit murder in aid of racketeering, and firearms offenses in connection with the murder of Daquan Cooper on June 25, 2015, in the Bronx. RODRIGUEZ was already in federal custody serving a sentence for other charges. RODRIGUEZ will be presented later today before U.S. Magistrate Judge Gabriel W. Gorenstein. The case is assigned to U.S. District Judge Alvin K. Hellerstein.
Manhattan U.S. Attorney Geoffrey S. Berman said: “As alleged in the indictment, Jose Rodriguez and others were responsible for the cold-blooded murder of Daquan Cooper in the Parkchester neighborhood of the Bronx in 2015. We commend the extraordinary efforts of our law enforcement partners to bring this defendant to justice.”
HSI Special Agent in Charge Peter C. Fitzhugh said: “Rodriguez allegedly ran with a gang whose calling card was violence and drug trafficking, and he is now charged with murder in aid of racketeering for his involvement in a 2015 homicide. As alleged, he may have thought he was in the clear four years later, but strong law enforcement partnerships ensure that no one will get away with murder. You commit a crime, you will be arrested and you will be prosecuted.”
DEA Special Agent in Charge Raymond Donovan said: “Too often we see murder as a byproduct of gang violence and drug trafficking. This investigation is a result of combined law enforcement efforts to thwart violent crime and bring answers to victims’ families.”
NYPD Commissioner James P. O’Neill said: “Our obligation is not just to ensure that New Yorkers in every neighborhood are safe, but that they feel safe. To that end, our work identifying and dismantling gangs and crews, and preventing the violence so often associated with their activities, continues to be of paramount importance. I thank our NYPD investigators, and our law enforcement partners in the U.S. Attorney’s Office for the Southern District, HSI, and the DEA, for their dedication and vital work in this case.”
According to the allegations in the Indictment unsealed today in Manhattan federal court[1]:
RODRIGUEZ was a member or associate of a racketeering enterprise known as the Beach Avenue Crew, a criminal organization whose members and associates engaged in, among other things, murder, attempted murder, and narcotics trafficking.
On June 25, 2015, RODRIGUEZ and others murdered Daquan Cooper in the vicinity of 1595 Unionport Road in the Parkchester neighborhood of the Bronx.
* * *
RODRIGUEZ, 27, from the Bronx, New York, is charged with one count of murder in aid of racketeering, which carries a maximum sentence of death or life in prison, and a mandatory minimum sentence of life in prison; one count of conspiracy to commit murder in aid of racketeering, which carries a maximum sentence of 10 years in prison; one count of murder through use of a firearm, which carries a maximum sentence of death or life in prison, and a mandatory minimum sentence of five years in prison; and one count of being a felon in possession of ammunition, which carries a maximum sentence of 10 years in prison.
Mr. Berman praised the investigative work of HSI, DEA, and the NYPD. Mr. Berman added that the investigation is continuing.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Maurene Comey, Jacob Warren, and Andrew K. Chan are in charge of the prosecution.
The charges contained in the Indictment are merely accusations and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Superseding Indictment constitutes only allegations, and every fact described herein should be treated as an allegation.
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: Case type associated with a magistrate case if the current case was merged from a magistrate case
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The docket number originally given to a case assigned to a magistrate judge and subsequently merged into a criminal case
Format: A7
Description: A unique number assigned to each defendant in a magistrate case
Format: A3
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: Case type associated with a magistrate case if the current case was merged from a magistrate case
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The docket number originally given to a case assigned to a magistrate judge and subsequently merged into a criminal case
Format: A7
Description: A unique number assigned to each defendant in a magistrate case
Format: A3
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The number of days from the earlier of filing date or first appearance date to proceeding date
Format: N3
Description: The number of days from proceeding date to disposition date
Format: N3
Description: The number of days from disposition date to sentencing date
Format: N3
Description: The code of the district office where the case was terminated
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant at the time the case was closed
Format: N2
Description: The title and section of the U.S. Code applicable to the offense that carried the most severe disposition and penalty under which the defendant was disposed
Format: A20
Description: A code indicating the level of offense associated with TTITLE1
Format: N2
Description: The four digit AO offense code associated with TTITLE1
Format: A4
Description: The four digit D2 offense code associated with TTITLE1
Format: A4
Description: A code indicating the severity associated with TTITLE1
Format: A3
Description: The code indicating the nature or type of disposition associated with TTITLE1
Format: N2
Description: The number of months a defendant was sentenced to prison under TTITLE1
Format: N4
Description: A code indicating whether the prison sentence associated with TTITLE1 was concurrent or consecutive in relation to the other counts in the indictment or information or multiple counts of the same charge
Format: A4
Description: The number of months of probation imposed upon a defendant under TTITLE1
Format: N4
Description: A period of supervised release imposed upon a defendant under TTITLE1
Format: N3
Description: The fine imposed upon the defendant at sentencing under TTITLE1
Format: N8
Description: The total prison time for all offenses of which the defendant was convicted and prison time was imposed
Format: N4
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Dermot Shea, the Commissioner of the New York City Police Department (“NYPD”), and Peter C. Fitzhugh, the Special Agent-in-Charge of the New York Field Office of Homeland Security Investigations (“HSI”), announced the unsealing of an Indictment charging 18 members of the 59 Brims gang, including the gang’s leaders, with committing various racketeering, narcotics, and firearms offenses, including murder and attempted murder.
WILLIE EVANS, a/k/a “Mills,” JAMARR SIMMONS, a/k/a “Show Off,” ALBERT SHOULDERS, a/k/a “Bundy,” RANELL SLOAN, a/k/a “Rah,” DARNELL COOPER, a/k/a “Jeez,” JOSE RODRIGUEZ, a/k/a “Meso,” SYLVESTER WINT, a/k/a “Vesta,” YONETTE RESPASS, a/k/a “Yonette Davis,” a/k/a “Star Brim,” MARKELL BOBIAN, a/k/a “Kellz,” TIMOTHY COLEMAN, a/k/a “LA,” TYRONE ERVIN, a/k/a “Shoota,” SEAN GAMBRELL, a/k/a “Kash,” DARON GOODMAN, a/k/a “Handsome,” JAVARIS JENKINS, a/k/a “JayBz,” JERLAINE LITTLE, a/k/a “Noni,” SHAMARE REID, a/k/a “Sha,” MARKQUEL SIMMONS, a/k/a “Shellz,” and TYRIQUE SNOWDEN, a/k/a “Ty,” are members of a racketeering enterprise known as the 59 Brims.
The Indictment charges WILLIE EVANS, the gang’s godfather, or highest-ranking, non-incarcerated member, and JAMARR SIMMONS, the highest-ranking member in the Bronx, with the September 28, 2019, murder of Bradford Mensah, 22, in the vicinity of Crotona Park in the Bronx, New York. JAMARR SIMMONS and DARON GOODMAN were previously charged with the January 11, 2020, murder of Jason Parris, 36, in the vicinity of East 170th Street and Webster Avenue in the Bronx, New York.
In addition to EVANS and JAMARR SIMMONS, the Indictment also charges YONETTE RESPASS, the gang’s godmother, or highest-ranking female member, with participating in the racketeering conspiracy and with ordering a slashing.
U.S. Attorney Geoffrey S. Berman said: “As alleged in the Indictment, the defendants were responsible for brutal acts of violence – murders, attempted murders, a maiming, and robberies – in service of the 59 Brims gang. Thanks to the extraordinary work of our partners at the NYPD and HSI, the defendants, who include the leaders of the gang, now face federal charges for their crimes.”
NYPD Commissioner Dermot Shea said: “Targeting and dismantling gangs and crews, and preventing the violence so often associated with their illegal activities, continues to be one of our highest priorities. By using precision policing we are targeting the small percentage of people responsible for committing much of the violence in New York, and making the safest large city in America even safer. I’d like to thank our law enforcement partners for their efforts in helping us achieve this goal.”
HSI Special Agent-in-Charge Peter C. Fitzhugh said: “The list of allegations against those arrested today includes murder, attempted murder, narcotics violations, firearms offenses, and robbery. The 59 Brims gang acts with no apparent regard for human life and today’s arrests hopefully put an end to their senseless violence. As law enforcement, we build investigations to identify not only those who carry out monstrous acts, but also to get the leaders in the organization who facilitate the horrific crimes. Today, due to the great investigative activity in this case, HSI and its partners are happy to announce that those allegedly responsible from the street level to the highest-ranking members of the 59 Brims gang are facing justice, ultimately making the community safer.”
As alleged in the Indictment unsealed today in Manhattan federal court[1]:
On January 11, 2020, DARON GOODMAN and JAMARR SIMMONS shot and killed Jason Parris in the vicinity of 1441 Webster Avenue in the Bronx, and aided and abetted the same. GOODMAN and SIMMONS killed Parris in part to maintain and increase their positions in the 59 Brims racketeering enterprise operating in the Southern District of New York.
On September 28, 2019, WILLIE EVANS and JAMARR SIMMONS shot and killed Bradford Mensah in the vicinity of Crotona Park in the Bronx, and aided and abetted the same. EVANS and SIMMONS killed Mensah in part to maintain and increase their positions in the 59 Brims racketeering enterprise operating in the Southern District of New York.
On September 2, 2019, JAVARIS JENKINS shot at a rival gang member in the Bronx, and aided and abetted the same. JENKINS shot at the rival in part to maintain and increase his position in the 59 Brims racketeering enterprise operating in the Southern District of New York.
On August 28, 2019, TYRIQUE SNOWDEN shot at an individual while attempting to rob the individual of narcotics and narcotics proceeds in the Bronx, and aided and abetted the same.
On August 24, 2019, SYLVESTER WINT and SHAMARE REID shot at rival gang members in the Bronx, and aided and abetted the same. WINT and REID shot at the rivals in part to maintain and increase their positions in the 59 Brims racketeering enterprise operating in the Southern District of New York.
On August 8, 2019, JAMARR SIMMONS, ALBERT SHOULDERS, SYLVESTER WINT, YONETTE RESPASS, and SHAMARE REID maimed and assaulted an individual with a dangerous weapon, and aided and abetted the same, by slashing the individual in the face. SIMMONS, SHOULDERS, WINT, RESPASS, and REID slashed the individual in part to maintain and increase their positions in the 59 Brims racketeering enterprise operating in the Southern District of New York.
On August 1, 2019, JAVARIS JENKINS shot at rival gang members in the Bronx, and aided and abetted the same. JENKINS shot at the rival in part to maintain and increase his position in the 59 Brims racketeering enterprise operating in the Southern District of New York.
On May 21, 2019, JAMARR SIMMONS, TYRONE ERVIN, and SEAN GAMBRELL robbed at gunpoint individuals who were playing a dice game, and shot at the individuals while robbing them, in the vicinity of Davidson Avenue in the Bronx, and aided and abetted the same. SIMMONS, ERVIN, and GAMBRELL robbed and shot at the individuals in part to maintain and increase their positions in the 59 Brims racketeering enterprise operating in the Southern District of New York.
On March 30, 2019, JAMARR SIMMONS and TIMOTHY COLEMAN stabbed a rival gang member in the Bronx, and aided and abetted the same. SIMMONS and COLEMAN stabbed the individual in part to maintain and increase their positions in the 59 Brims racketeering enterprise operating in the Southern District of New York.
On December 6, 2018, JERLAINE LITTLE and others pistol-whipped an individual while robbing the individual at gunpoint in the Bronx, and aided and abetted the same. LITTLE robbed the individual in part to maintain and increase her position in the 59 Brims racketeering enterprise operating in the Southern District of New York.
On November 29, 2018, JAMARR SIMMONS, MARKELL BOBIAN, TYRONE ERVIN, SEAN GAMBRELL, JERLAINE LITTLE, and MARKQUEL SIMMONS pistol-whipped an individual while robbing the individual at gunpoint in the Bronx, and aided and abetted the same. JAMARR SIMMONS, BOBIAN, ERVIN, GAMBRELL, LITTLE, MARKQUEL SIMMONS robbed the individual in part to maintain and increase their positions in the 59 Brims racketeering enterprise operating in the Southern District of New York.
Between January 2019 and September 2019, SYLVESTER WINT made the unauthorized sale of multiple firearms that had been transported in interstate commerce, including at a location in the Bronx.
* * *
EVANS, 28, SHOULDERS, 23, RODRIGUEZ, 26, BOBIAN, 22, ERVIN, 19, GAMBRELL, 22, JENKINS, 22, LITTLE, 28, REID, 18, and MARKQUEL SIMMONS, 23, were arrested today and will be presented before United States Magistrate Judge Barbara Moses. GOODMAN, 22, JAMARR SIMMONS, 33, and SNOWDEN, 20, were already in federal custody. COLEMAN, 32, is in New York City custody and will be transferred to federal custody at a later date. SLOAN, 27, COOPER, 28, and WINT, 21, have not been arrested and remain at large. RESPASS, 28, has not been arrested at this time. This case is assigned to United States District Judge George B. Daniels.
Charts containing the names, charges, and maximum penalties for the defendants are set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the NYPD and HSI. Mr. Berman also praised the New York City Department of Correction, Correction Intelligence Bureau, and the Bronx County District Attorney’s Office for their assistance in the investigation.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Michael D. Longyear, Jacob Warren, and Adam S. Hobson are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
COUNT
DEFENDANT(S)
MAX. TERM OF IMPRISONMENT
Count One: Conspiracy to Commit Racketeering (18 U.S.C. § 1962(d))
All defendants
Life imprisonment as to all defendants except Respass and Coleman, for whom the maximum term of imprisonment is 20 years
Count Two: Murder in Aid of Racketeering
(18 U.S.C. §§ 1959(a)(1) and 2)
Jamarr Simmons
Daron Goodman
Death or a Mandatory Minimum Sentence of Life Imprisonment
Count Three: Use of a Firearm to Commit Murder (18 U.S.C. § 924(j)(1))
Jamarr Simmons
Daron Goodman
Death or Life Imprisonment; Mandatory Minimum Sentence of 5 years
Count Four: Murder in Aid of Racketeering
(18 U.S.C. §§ 1959(a)(1) and 2)
Willie Evans
Jamarr Simmons
Death or a Mandatory Minimum Sentence of Life Imprisonment
Count Five: Use of a Firearm to Commit Murder (18 U.S.C. §§ 924(j)(1) and 2)
Willie Evans
Jamarr Simmons
Death or Life Imprisonment; Mandatory Minimum Sentence of 5 years
Count Six: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
Javaris Jenkins
20 years’ imprisonment
Count Seven: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii) and 2)
Javaris Jenkins
Life imprisonment; Mandatory Minimum Sentence of 10 years
Count Eight: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
Sylvester Wint
Shamare Reid
20 years’ imprisonment
Count Nine: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii) and 2)
Sylvester Wint
Shamare Reid
Life imprisonment; Mandatory Minimum Sentence of 10 years
Count Ten: Maiming and Assault in Aid of Racketeering (18 U.S.C. §§ 1959(a)(2), (a)(3), and 2)
Jamarr Simmons
Albert Shoulders
Sylvester Wint
Yonette Respass
Shamare Reid
30 years’ imprisonment
Count Eleven: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
Javaris Jenkins
20 years’ imprisonment
Count Twelve: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii) and 2)
Javaris Jenkins
Life imprisonment; Mandatory Minimum Sentence of 10 years
Count Thirteen: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
Jamarr Simmons
Tyrone Ervin
Sean Gambrell
20 years’ imprisonment
Count Fourteen: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii) and 2)
Jamarr Simmons
Tyrone Ervin
Sean Gambrell
Life imprisonment; Mandatory Minimum Sentence of 10 years
Count Fifteen: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
Jamarr Simmons
Timothy Coleman
20 years’ imprisonment
Count Sixteen: Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3) and 2)
Jerlaine Little
20 years’ imprisonment
Count Seventeen: Brandishing a Firearm in Furtherance of a Crime of Violence (18 U.S.C. §§ 924(c)(1)(A)(i), (ii) and 2)
Jerlaine Little
Life imprisonment; Mandatory Minimum Sentence of 7 years
Count Eighteen: Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3) and 2)
Jamarr Simmons
Markell Bobian
Tyrone Ervin
Sean Gambrell
Jerlaine Little
Markquel Simmons
20 years’ imprisonment
Count Nineteen: Brandishing a Firearm in Furtherance of a Crime of Violence (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), and 2)
Jamarr Simmons
Markell Bobian
Tyrone Ervin
Sean Gambrell
Jerlaine Little
Markquel Simmons
Life imprisonment; Mandatory Minimum Sentence of 7 years
Count Twenty-Four: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii) and 2
Tyrique Snowden
Life Imprisonment; Mandatory Minimum Sentence of 10 years
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Dermot Shea, the Commissioner of the New York City Police Department (“NYPD”), and Peter C. Fitzhugh, the Special Agent-in-Charge of the New York Field Office of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), announced the unsealing of an Indictment charging DARON GOODMAN and JAMARR SIMMONS with the January 11, 2020, murder of Jason Parris, 36, in the vicinity of East 170th Street and Webster Avenue in the Bronx, New York. The case has been assigned to United States District Judge George B. Daniels. SIMMONS was arrested this morning. GOODMAN was in state custody and was transferred to federal custody. Both defendants were presented today before Judge Daniels and ordered detained.
U.S. Attorney Geoffrey S. Berman said: “As alleged in the indictment, Daron Goodman and Jamar Simmons murdered Jason Parris earlier this month. Thanks to the outstanding efforts of the NYPD and HSI, Goodman and Simmons now face federal murder charges for this terrible crime. We continue our daily work with our law enforcement partners to keep the streets safe, and to vigorously investigate and prosecute those who allegedly engage in acts of violence in our community.”
NYPD Commissioner Dermot Shea said: “This indictment illustrates how committed we are to stopping those engaged in gun violence. The NYPD, together with federal agents and prosecutors, remain vigilant in our fight against violent crime as part of our joint effort to keep the city and its residents safe.”
HSI Special Agent-in-Charge Peter C. Fitzhugh said: “In a most heinous act, both Goodman and Simmons are alleged to have murdered a man in cold blood. HSI will remain committed to work closely with our law enforcement partners on murder investigations in order to bring justice, and maybe some solace, for the victim’s family and loved ones.”
As alleged in the Indictment unsealed today in Manhattan federal court[1]:
On January 11, 2020, DARON GOODMAN and JAMARR SIMMONS, shot and killed Jason Parris in the vicinity of 1441 Webster Avenue in the Bronx. GOODMAN and SIMMONS killed Parris in part to maintain and increase their position in a racketeering enterprise operating in the Southern District of New York.
* * *
GOODMAN, 22, and SIMMONS, 32, are each charged with using a firearm to commit murder in aid of racketeering, which carries a maximum sentence of death, or life in prison, and a mandatory minimum term of five years in prison. The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants would be determined by the judge.
Mr. Berman praised the outstanding investigative work of the NYPD and HSI. Mr. Berman also praised the New York City Department of Correction, Correction Intelligence Bureau, for its assistance in the investigation.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Adam S. Hobson, Michael D. Longyear, and Jacob Warren are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the second highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE2
Format: N2
Description: The four digit AO offense code associated with FTITLE2
Format: A4
Description: The four digit D2 offense code associated with FTITLE2
Format: A4
Description: A code indicating the severity associated with FTITLE2
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the third highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE3
Format: N2
Description: The four digit AO offense code associated with FTITLE3
Format: A4
Description: The four digit D2 offense code associated with FTITLE3
Format: A4
Description: A code indicating the severity associated with FTITLE3
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the fourth highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE4
Format: N2
Description: The four digit AO offense code associated with FTITLE4
Format: A4
Description: The four digit D2 offense code associated with FTITLE4
Format: A4
Description: A code indicating the severity associated with FTITLE4
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the fifth highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE5
Format: N2
Description: The four digit AO offense code associated with FTITLE5
Format: A4
Description: The four digit D2 offense code associated with FTITLE5
Format: A4
Description: A code indicating the severity associated with FTITLE5
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: Case type associated with a magistrate case if the current case was merged from a magistrate case
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The docket number originally given to a case assigned to a magistrate judge and subsequently merged into a criminal case
Format: A7
Description: A unique number assigned to each defendant in a magistrate case
Format: A3
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the second highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE2
Format: N2
Description: The four digit AO offense code associated with FTITLE2
Format: A4
Description: The four digit D2 offense code associated with FTITLE2
Format: A4
Description: A code indicating the severity associated with FTITLE2
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the third highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE3
Format: N2
Description: The four digit AO offense code associated with FTITLE3
Format: A4
Description: The four digit D2 offense code associated with FTITLE3
Format: A4
Description: A code indicating the severity associated with FTITLE3
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the fourth highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE4
Format: N2
Description: The four digit AO offense code associated with FTITLE4
Format: A4
Description: The four digit D2 offense code associated with FTITLE4
Format: A4
Description: A code indicating the severity associated with FTITLE4
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the fifth highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE5
Format: N2
Description: The four digit AO offense code associated with FTITLE5
Format: A4
Description: The four digit D2 offense code associated with FTITLE5
Format: A4
Description: A code indicating the severity associated with FTITLE5
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Dermot Shea, Commissioner of the New York City Police Department (“NYPD”), and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today that ISMAEL IGARTUA, a/k/a “Ismeal John,” a/k/a “John Igartua,” and JOSE RODRIGUEZ have been arrested for their participation in an armed robbery of a jewelry store in Manhattan on Saturday, June 6, 2020. IGARTUA and RODRIGUEZ were apprehended shortly after the robbery and were presented in Manhattan federal court before U.S. Magistrate Judge Debra Freeman today.
U.S. Attorney Geoffrey S. Berman stated: “As alleged, the defendants participated in a brazen daytime robbery, in which a victim was threatened at gunpoint and tied up. The defendants’ alleged scheme – impersonating NYPD officers and asking to check the victim’s firearm due to recent incidents of looting – took advantage of uncertain conditions in our community, preying on the fears of a small business owner and his trust in law enforcement. This alleged criminal conduct is intolerable, and thanks to the work of the NYPD and the FBI, the defendants face significant federal charges for their alleged crimes.”
NYPD Commissioner Dermot Shea said: “Posing as police officers to prey on a city business during an international pandemic, as alleged, is dangerous to civilians and law enforcement officers. Arrests like these highlight the indispensable work of our NYPD detectives, and federal partners, in ensuring justice for New Yorkers.”
FBI Assistant Director William F. Sweeney Jr. said: “Well done to the detectives and agents who worked to solve this quickly and bring justice to a business owner in the community. It speaks highly of the work done by the NYPD’s 19th Precinct Detective Squad and the FBI-NYPD Joint Major Theft Task Force that the only jewelry these men will wind up with are metal bracelets.”
According to the allegations in the Complaint[1]:
On the afternoon of June 6, 2020, IGARTUA and RODRIGUEZ robbed a jewelry store located on the Upper East Side of Manhattan. While dressed as and identifying themselves as NYPD officers, IGARTUA and RODRIGUEZ asked for permission to enter the jewelry store and requested to examine the store owner’s properly permitted firearm, claiming that, due to the recent looting of commercial establishments in New York, firearms were at risk of being stolen. Once the store owner gave IGARTUA and RODRIGUEZ his firearm, the robbers, who were armed with two firearms of their own, restrained and tied up the store owner, and stole his firearm and jewelry valued at over $150,000. IGARTUA and RODRIGUEZ were apprehended a short time later in a subway station several blocks from the jewelry store.
* * *
IGARTUA, 59, of Queens, New York, and JOSE RODRIGUEZ, 59, of the Bronx, New York, are each charged with one count of robbery conspiracy, which carries a maximum sentence of 20 years in prison; one count of robbery, which carries a maximum sentence of 20 years in prison; one count of brandishing a firearm, which carries a maximum sentence of life in prison; and one count of being a felon in possession of a firearm, which carries a maximum sentence of 10 years in prison. The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants would be determined by a judge.
Mr. Berman praised the outstanding investigative work of the FBI-NYPD Joint Major Theft Task Force and the NYPD’s 19th Precinct Detective Squad.
The prosecution of this case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Kaylan E. Lasky is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Dermot Shea, the Commissioner of the New York City Police Department (“NYPD”), and Peter C. Fitzhugh, the Special Agent-in-Charge of the New York Field Office of Homeland Security Investigations (“HSI”), announced the unsealing of an Indictment charging 18 members of the 59 Brims gang, including the gang’s leaders, with committing various racketeering, narcotics, and firearms offenses, including murder and attempted murder.
WILLIE EVANS, a/k/a “Mills,” JAMARR SIMMONS, a/k/a “Show Off,” ALBERT SHOULDERS, a/k/a “Bundy,” RANELL SLOAN, a/k/a “Rah,” DARNELL COOPER, a/k/a “Jeez,” JOSE RODRIGUEZ, a/k/a “Meso,” SYLVESTER WINT, a/k/a “Vesta,” YONETTE RESPASS, a/k/a “Yonette Davis,” a/k/a “Star Brim,” MARKELL BOBIAN, a/k/a “Kellz,” TIMOTHY COLEMAN, a/k/a “LA,” TYRONE ERVIN, a/k/a “Shoota,” SEAN GAMBRELL, a/k/a “Kash,” DARON GOODMAN, a/k/a “Handsome,” JAVARIS JENKINS, a/k/a “JayBz,” JERLAINE LITTLE, a/k/a “Noni,” SHAMARE REID, a/k/a “Sha,” MARKQUEL SIMMONS, a/k/a “Shellz,” and TYRIQUE SNOWDEN, a/k/a “Ty,” are members of a racketeering enterprise known as the 59 Brims.
The Indictment charges WILLIE EVANS, the gang’s godfather, or highest-ranking, non-incarcerated member, and JAMARR SIMMONS, the highest-ranking member in the Bronx, with the September 28, 2019, murder of Bradford Mensah, 22, in the vicinity of Crotona Park in the Bronx, New York. JAMARR SIMMONS and DARON GOODMAN were previously charged with the January 11, 2020, murder of Jason Parris, 36, in the vicinity of East 170th Street and Webster Avenue in the Bronx, New York.
In addition to EVANS and JAMARR SIMMONS, the Indictment also charges YONETTE RESPASS, the gang’s godmother, or highest-ranking female member, with participating in the racketeering conspiracy and with ordering a slashing.
U.S. Attorney Geoffrey S. Berman said: “As alleged in the Indictment, the defendants were responsible for brutal acts of violence – murders, attempted murders, a maiming, and robberies – in service of the 59 Brims gang. Thanks to the extraordinary work of our partners at the NYPD and HSI, the defendants, who include the leaders of the gang, now face federal charges for their crimes.”
NYPD Commissioner Dermot Shea said: “Targeting and dismantling gangs and crews, and preventing the violence so often associated with their illegal activities, continues to be one of our highest priorities. By using precision policing we are targeting the small percentage of people responsible for committing much of the violence in New York, and making the safest large city in America even safer. I’d like to thank our law enforcement partners for their efforts in helping us achieve this goal.”
HSI Special Agent-in-Charge Peter C. Fitzhugh said: “The list of allegations against those arrested today includes murder, attempted murder, narcotics violations, firearms offenses, and robbery. The 59 Brims gang acts with no apparent regard for human life and today’s arrests hopefully put an end to their senseless violence. As law enforcement, we build investigations to identify not only those who carry out monstrous acts, but also to get the leaders in the organization who facilitate the horrific crimes. Today, due to the great investigative activity in this case, HSI and its partners are happy to announce that those allegedly responsible from the street level to the highest-ranking members of the 59 Brims gang are facing justice, ultimately making the community safer.”
As alleged in the Indictment unsealed today in Manhattan federal court[1]:
On January 11, 2020, DARON GOODMAN and JAMARR SIMMONS shot and killed Jason Parris in the vicinity of 1441 Webster Avenue in the Bronx, and aided and abetted the same. GOODMAN and SIMMONS killed Parris in part to maintain and increase their positions in the 59 Brims racketeering enterprise operating in the Southern District of New York.
On September 28, 2019, WILLIE EVANS and JAMARR SIMMONS shot and killed Bradford Mensah in the vicinity of Crotona Park in the Bronx, and aided and abetted the same. EVANS and SIMMONS killed Mensah in part to maintain and increase their positions in the 59 Brims racketeering enterprise operating in the Southern District of New York.
On September 2, 2019, JAVARIS JENKINS shot at a rival gang member in the Bronx, and aided and abetted the same. JENKINS shot at the rival in part to maintain and increase his position in the 59 Brims racketeering enterprise operating in the Southern District of New York.
On August 28, 2019, TYRIQUE SNOWDEN shot at an individual while attempting to rob the individual of narcotics and narcotics proceeds in the Bronx, and aided and abetted the same.
On August 24, 2019, SYLVESTER WINT and SHAMARE REID shot at rival gang members in the Bronx, and aided and abetted the same. WINT and REID shot at the rivals in part to maintain and increase their positions in the 59 Brims racketeering enterprise operating in the Southern District of New York.
On August 8, 2019, JAMARR SIMMONS, ALBERT SHOULDERS, SYLVESTER WINT, YONETTE RESPASS, and SHAMARE REID maimed and assaulted an individual with a dangerous weapon, and aided and abetted the same, by slashing the individual in the face. SIMMONS, SHOULDERS, WINT, RESPASS, and REID slashed the individual in part to maintain and increase their positions in the 59 Brims racketeering enterprise operating in the Southern District of New York.
On August 1, 2019, JAVARIS JENKINS shot at rival gang members in the Bronx, and aided and abetted the same. JENKINS shot at the rival in part to maintain and increase his position in the 59 Brims racketeering enterprise operating in the Southern District of New York.
On May 21, 2019, JAMARR SIMMONS, TYRONE ERVIN, and SEAN GAMBRELL robbed at gunpoint individuals who were playing a dice game, and shot at the individuals while robbing them, in the vicinity of Davidson Avenue in the Bronx, and aided and abetted the same. SIMMONS, ERVIN, and GAMBRELL robbed and shot at the individuals in part to maintain and increase their positions in the 59 Brims racketeering enterprise operating in the Southern District of New York.
On March 30, 2019, JAMARR SIMMONS and TIMOTHY COLEMAN stabbed a rival gang member in the Bronx, and aided and abetted the same. SIMMONS and COLEMAN stabbed the individual in part to maintain and increase their positions in the 59 Brims racketeering enterprise operating in the Southern District of New York.
On December 6, 2018, JERLAINE LITTLE and others pistol-whipped an individual while robbing the individual at gunpoint in the Bronx, and aided and abetted the same. LITTLE robbed the individual in part to maintain and increase her position in the 59 Brims racketeering enterprise operating in the Southern District of New York.
On November 29, 2018, JAMARR SIMMONS, MARKELL BOBIAN, TYRONE ERVIN, SEAN GAMBRELL, JERLAINE LITTLE, and MARKQUEL SIMMONS pistol-whipped an individual while robbing the individual at gunpoint in the Bronx, and aided and abetted the same. JAMARR SIMMONS, BOBIAN, ERVIN, GAMBRELL, LITTLE, MARKQUEL SIMMONS robbed the individual in part to maintain and increase their positions in the 59 Brims racketeering enterprise operating in the Southern District of New York.
Between January 2019 and September 2019, SYLVESTER WINT made the unauthorized sale of multiple firearms that had been transported in interstate commerce, including at a location in the Bronx.
* * *
EVANS, 28, SHOULDERS, 23, RODRIGUEZ, 26, BOBIAN, 22, ERVIN, 19, GAMBRELL, 22, JENKINS, 22, LITTLE, 28, REID, 18, and MARKQUEL SIMMONS, 23, were arrested today and will be presented before United States Magistrate Judge Barbara Moses. GOODMAN, 22, JAMARR SIMMONS, 33, and SNOWDEN, 20, were already in federal custody. COLEMAN, 32, is in New York City custody and will be transferred to federal custody at a later date. SLOAN, 27, COOPER, 28, and WINT, 21, have not been arrested and remain at large. RESPASS, 28, has not been arrested at this time. This case is assigned to United States District Judge George B. Daniels.
Charts containing the names, charges, and maximum penalties for the defendants are set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the NYPD and HSI. Mr. Berman also praised the New York City Department of Correction, Correction Intelligence Bureau, and the Bronx County District Attorney’s Office for their assistance in the investigation.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Michael D. Longyear, Jacob Warren, and Adam S. Hobson are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
COUNT
DEFENDANT(S)
MAX. TERM OF IMPRISONMENT
Count One: Conspiracy to Commit Racketeering (18 U.S.C. § 1962(d))
All defendants
Life imprisonment as to all defendants except Respass and Coleman, for whom the maximum term of imprisonment is 20 years
Count Two: Murder in Aid of Racketeering
(18 U.S.C. §§ 1959(a)(1) and 2)
Jamarr Simmons
Daron Goodman
Death or a Mandatory Minimum Sentence of Life Imprisonment
Count Three: Use of a Firearm to Commit Murder (18 U.S.C. § 924(j)(1))
Jamarr Simmons
Daron Goodman
Death or Life Imprisonment; Mandatory Minimum Sentence of 5 years
Count Four: Murder in Aid of Racketeering
(18 U.S.C. §§ 1959(a)(1) and 2)
Willie Evans
Jamarr Simmons
Death or a Mandatory Minimum Sentence of Life Imprisonment
Count Five: Use of a Firearm to Commit Murder (18 U.S.C. §§ 924(j)(1) and 2)
Willie Evans
Jamarr Simmons
Death or Life Imprisonment; Mandatory Minimum Sentence of 5 years
Count Six: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
Javaris Jenkins
20 years’ imprisonment
Count Seven: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii) and 2)
Javaris Jenkins
Life imprisonment; Mandatory Minimum Sentence of 10 years
Count Eight: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
Sylvester Wint
Shamare Reid
20 years’ imprisonment
Count Nine: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii) and 2)
Sylvester Wint
Shamare Reid
Life imprisonment; Mandatory Minimum Sentence of 10 years
Count Ten: Maiming and Assault in Aid of Racketeering (18 U.S.C. §§ 1959(a)(2), (a)(3), and 2)
Jamarr Simmons
Albert Shoulders
Sylvester Wint
Yonette Respass
Shamare Reid
30 years’ imprisonment
Count Eleven: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
Javaris Jenkins
20 years’ imprisonment
Count Twelve: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii) and 2)
Javaris Jenkins
Life imprisonment; Mandatory Minimum Sentence of 10 years
Count Thirteen: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
Jamarr Simmons
Tyrone Ervin
Sean Gambrell
20 years’ imprisonment
Count Fourteen: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii) and 2)
Jamarr Simmons
Tyrone Ervin
Sean Gambrell
Life imprisonment; Mandatory Minimum Sentence of 10 years
Count Fifteen: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
Jamarr Simmons
Timothy Coleman
20 years’ imprisonment
Count Sixteen: Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3) and 2)
Jerlaine Little
20 years’ imprisonment
Count Seventeen: Brandishing a Firearm in Furtherance of a Crime of Violence (18 U.S.C. §§ 924(c)(1)(A)(i), (ii) and 2)
Jerlaine Little
Life imprisonment; Mandatory Minimum Sentence of 7 years
Count Eighteen: Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3) and 2)
Jamarr Simmons
Markell Bobian
Tyrone Ervin
Sean Gambrell
Jerlaine Little
Markquel Simmons
20 years’ imprisonment
Count Nineteen: Brandishing a Firearm in Furtherance of a Crime of Violence (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), and 2)
Jamarr Simmons
Markell Bobian
Tyrone Ervin
Sean Gambrell
Jerlaine Little
Markquel Simmons
Life imprisonment; Mandatory Minimum Sentence of 7 years
Count Twenty-Four: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii) and 2
Tyrique Snowden
Life Imprisonment; Mandatory Minimum Sentence of 10 years
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Peter C. Fitzhugh, the Special Agent in Charge of the New York Field Office of Homeland Security Investigations (“HSI”), Raymond Donovan, the Special Agent in Charge of the New York Division of the U.S. Drug Enforcement Administration (“DEA”), and James P. O’Neill, Commissioner of the New York City Police Department (“NYPD”), announced today the unsealing of an indictment charging JOSE RODRIGUEZ, a/k/a “Hov,” a/k/a “Hov Goon,” with murder in aid of racketeering, conspiracy to commit murder in aid of racketeering, and firearms offenses in connection with the murder of Daquan Cooper on June 25, 2015, in the Bronx. RODRIGUEZ was already in federal custody serving a sentence for other charges. RODRIGUEZ will be presented later today before U.S. Magistrate Judge Gabriel W. Gorenstein. The case is assigned to U.S. District Judge Alvin K. Hellerstein.
Manhattan U.S. Attorney Geoffrey S. Berman said: “As alleged in the indictment, Jose Rodriguez and others were responsible for the cold-blooded murder of Daquan Cooper in the Parkchester neighborhood of the Bronx in 2015. We commend the extraordinary efforts of our law enforcement partners to bring this defendant to justice.”
HSI Special Agent in Charge Peter C. Fitzhugh said: “Rodriguez allegedly ran with a gang whose calling card was violence and drug trafficking, and he is now charged with murder in aid of racketeering for his involvement in a 2015 homicide. As alleged, he may have thought he was in the clear four years later, but strong law enforcement partnerships ensure that no one will get away with murder. You commit a crime, you will be arrested and you will be prosecuted.”
DEA Special Agent in Charge Raymond Donovan said: “Too often we see murder as a byproduct of gang violence and drug trafficking. This investigation is a result of combined law enforcement efforts to thwart violent crime and bring answers to victims’ families.”
NYPD Commissioner James P. O’Neill said: “Our obligation is not just to ensure that New Yorkers in every neighborhood are safe, but that they feel safe. To that end, our work identifying and dismantling gangs and crews, and preventing the violence so often associated with their activities, continues to be of paramount importance. I thank our NYPD investigators, and our law enforcement partners in the U.S. Attorney’s Office for the Southern District, HSI, and the DEA, for their dedication and vital work in this case.”
According to the allegations in the Indictment unsealed today in Manhattan federal court[1]:
RODRIGUEZ was a member or associate of a racketeering enterprise known as the Beach Avenue Crew, a criminal organization whose members and associates engaged in, among other things, murder, attempted murder, and narcotics trafficking.
On June 25, 2015, RODRIGUEZ and others murdered Daquan Cooper in the vicinity of 1595 Unionport Road in the Parkchester neighborhood of the Bronx.
* * *
RODRIGUEZ, 27, from the Bronx, New York, is charged with one count of murder in aid of racketeering, which carries a maximum sentence of death or life in prison, and a mandatory minimum sentence of life in prison; one count of conspiracy to commit murder in aid of racketeering, which carries a maximum sentence of 10 years in prison; one count of murder through use of a firearm, which carries a maximum sentence of death or life in prison, and a mandatory minimum sentence of five years in prison; and one count of being a felon in possession of ammunition, which carries a maximum sentence of 10 years in prison.
Mr. Berman praised the investigative work of HSI, DEA, and the NYPD. Mr. Berman added that the investigation is continuing.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Maurene Comey, Jacob Warren, and Andrew K. Chan are in charge of the prosecution.
The charges contained in the Indictment are merely accusations and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Superseding Indictment constitutes only allegations, and every fact described herein should be treated as an allegation.
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: Case type associated with a magistrate case if the current case was merged from a magistrate case
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The docket number originally given to a case assigned to a magistrate judge and subsequently merged into a criminal case
Format: A7
Description: A unique number assigned to each defendant in a magistrate case
Format: A3
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the second highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE2
Format: N2
Description: The four digit AO offense code associated with FTITLE2
Format: A4
Description: The four digit D2 offense code associated with FTITLE2
Format: A4
Description: A code indicating the severity associated with FTITLE2
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the third highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE3
Format: N2
Description: The four digit AO offense code associated with FTITLE3
Format: A4
Description: The four digit D2 offense code associated with FTITLE3
Format: A4
Description: A code indicating the severity associated with FTITLE3
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the fourth highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE4
Format: N2
Description: The four digit AO offense code associated with FTITLE4
Format: A4
Description: The four digit D2 offense code associated with FTITLE4
Format: A4
Description: A code indicating the severity associated with FTITLE4
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: Case type associated with a magistrate case if the current case was merged from a magistrate case
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The docket number originally given to a case assigned to a magistrate judge and subsequently merged into a criminal case
Format: A7
Description: A unique number assigned to each defendant in a magistrate case
Format: A3
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the second highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE2
Format: N2
Description: The four digit AO offense code associated with FTITLE2
Format: A4
Description: The four digit D2 offense code associated with FTITLE2
Format: A4
Description: A code indicating the severity associated with FTITLE2
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the third highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE3
Format: N2
Description: The four digit AO offense code associated with FTITLE3
Format: A4
Description: The four digit D2 offense code associated with FTITLE3
Format: A4
Description: A code indicating the severity associated with FTITLE3
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the fourth highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE4
Format: N2
Description: The four digit AO offense code associated with FTITLE4
Format: A4
Description: The four digit D2 offense code associated with FTITLE4
Format: A4
Description: A code indicating the severity associated with FTITLE4
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Audrey Strauss, the Acting United States Attorney for the Southern District of New York, and Dermot Shea, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of an indictment charging CARL WILBRIGHT, a/k/a “Brody,” TRAVIS BRECONIDGE, a/k/a “Jamaica,” ISAIAH FREEMAN, a/k/a “Oz,” LUIS GARCIA, a/k/a “Lu,” RICARDO GARCIA, a/k/a “Kika,” STANLEY HAMPTON, and JAMEL MURRAY with participating in a conspiracy to distribute crack cocaine and marijuana. WILBRIGHT and FREEMAN have also been charged with possessing firearms in furtherance of the narcotics conspiracy. The Indictment further charges FREEMAN and QUASHAWN ESCALERA, a/k/a “Tank,” with being felons in possession of ammunition in connection with a shooting that occurred on September 26, 2019. The case is assigned to U.S. District Judge Valerie E. Caproni.
Acting Manhattan U.S. Attorney Audrey Strauss said: “As alleged in the Indictment, the defendants are charged with narcotics trafficking and firearms offenses. We thank our partners at the NYPD for their outstanding work on this case.”
NYPD Commissioner Dermot Shea said: “These federal charges enhance the NYPD’s precision policing efforts to combat a crew of alleged narcotics distributors. I commend our partners in the U.S. Attorney’s office for the Southern District of New York for their sustained work in bringing this important case.”
As alleged in the Indictment unsealed last week in Manhattan federal court[1]:
From at least in or about 2018, up to and including in or about 2020, CARL WILBRIGHT, a/k/a “Brody,” TRAVIS BRECONIDGE, a/k/a “Jamaica,” ISAIAH FREEMAN, a/k/a “Oz,” LUIS GARCIA, a/k/a “Lu,” RICARDO GARCIA, a/k/a “Kika,” STANLEY HAMPTON, and JAMEL MURRAY, participated in a conspiracy to distribute 280 grams and more of crack cocaine and marijuana.
* * *
CARL WILBRIGHT, a/k/a “Brody,” LUIS GARCIA, a/k/a “Lu,” RICARDO GARCIA, a/k/a “Kika,” and JAMEL MURRAY were taken into custody last week and were presented before Judge Lehrburger. STANLEY HAMPTON surrendered yesterday and was presented before Judge Moses. TRAVIS BRECONIDGE, a/k/a “Jamaica,” QUASHAWN ESCALERA, a/k/a “Tank,” and ISAIAH FREEMAN, a/k/a “Oz,” remain at large.
A chart containing the names, charges, and maximum penalties for each of the defendants is set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only as any sentencing of a defendant would be determined by the judge.
Ms. Strauss praised the outstanding investigative work of the NYPD.
The case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorney Christopher J. Clore is in charge of the prosecution.
The charges contained in the Indictment are merely accusations and the defendants are presumed innocent unless and until proven guilty.
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics
Conspiracy
21 U.S.C. § 846
CARL WILBRIGHT, 47
TRAVIS BRECONIDGE, 28
ISAIAH FREEMAN, 32
LUIS GARCIA, 24
RICARDO GARCIA, 28
STANLEY HAMPTON, 25
JAMEL MURRAY, 43
Life in prison
Mandatory minimum of ten years in prison
2
Firearms Offense
18 U.S.C. §§ 924(c)(1)(A)(i) and 2
CARL WILBRIGHT
Life in prison
Mandatory minimum of five years in prison
3
Firearms Offense
18 U.S.C. § 924(c)(1)(A)(iii) and 2
ISAIAH FREEMAN
Life in prison
Mandatory minimum of ten years in prison
4
Felon in Possession of Ammunition
18 U.S.C. § 922(g)
QUASHAWN ESCALERA, 31
10 years in prison
5
Felon in Possession of Ammunition
18 U.S.C. § 922(g)
ISAIAH FREEMAN
10 years in prison
[1] As the introductory phrase signifies, the entirety of the text of the Indictment constitutes only allegations, and every fact described herein should be treated as an allegation.
Damian Williams, the United States Attorney for the Southern District of New York, and Breon Peace, the United States Attorney for the Eastern District of New York, announced today that Assistant United States Attorneys (“AUSAs”) will lead the efforts of their Offices in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 5, 2024, general election. AUSA David J. Kennedy has been appointed to serve as the District Election Officer (“DEO”) for the Southern District of New York, and AUSA Erik Paulsen has been appointed to serve as the DEO for the Eastern District of New York. In their capacity as DEOs, these AUSAs are responsible for overseeing the Districts’ handling of Election Day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department Headquarters in Washington, D.C.U.S. Attorney Damian Williams said: “Free, fair, and accessible elections are critical to democracy, and every voter in the Southern District of New York deserves to cast their vote with confidence in the integrity of our electoral process. It is the responsibility and privilege of this Office to work together with our law enforcement partners to ensure that New Yorkers are able to exercise their right to vote free of unlawful intimidation or hindrance. We encourage anyone who finds their civic voting protections subject to any attempted undue interference to please contact the numbers below.”U.S. Attorney Breon Peace said: “A free election is the cornerstone of our democracy and every citizen in the Eastern District of New York must be able to vote and have their votes counted fairly and without interference, discrimination or threat of violence, Election officials and their staff also must be able to perform their duties without being subjected to unlawful threats of violence or intimidation. My Office will defend those rights with the full force of federal law.”The Department of Justice plays an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud. The Department will address these violations wherever they occur. The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice. The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English). U.S. Attorneys Damian Williams and Breon Peace said: “The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise can exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of voting rights concerns and election fraud during the upcoming election, and to ensure that such complaints are directed to the appropriate authorities, AUSAs will be on duty in this District while the polls are open.”In order to respond to complaints of election fraud or voting rights concerns during the voting period that ends on November 5, 2024, and to ensure that such complaints are directed to the appropriate authorities, the U.S. Attorneys said that their Offices will be available to receive complaints at the following numbers through Tuesday, November 5, 2024:(646) 369-4739 (for Manhattan, Bronx, Dutchess, Orange, Putnam, Rockland, Sullivan, and Westchester counties) and (718) 254-6790 (for Brooklyn, Queens, Staten Island, Nassau, and Suffolk counties).Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/ In addition, the Federal Bureau of Investigation (“FBI”) will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on Election Day. The local FBI field office can be reached by the public at (212) 384-1000.Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/In the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.The U.S. Attorneys also noted that the following additional telephone numbers are available on Election Day for citizens to call for routine inquiries, such as where to vote or how late the polls are open, or to register complaints that may concern violations of New York State election laws:IN NEW YORK CITYNew York City Board of ElectionsMain Office (866) 868-3692TTY #: 212-487-5496IN COUNTIES OUTSIDE NEW YORK CITYCounty Boards of ElectionsDutchess (845) 486-2473Nassau (516) 571-8683Orange (845) 360-6500Orange (Spanish language) (855) 331-2444Putnam (845) 808-1300Rockland (845) 638-5172Suffolk (631) 852-4500Sullivan (845) 807-0400Westchester (914) 995-5700
Damian Williams, the United States Attorney for the Southern District of New York, announced today that KEVIN TAYLOR was sentenced by U.S. District Court Judge Jed S. Rakoff to 28 years in prison for his role in the October 31, 2011, murder of Joshua Rubin in Brooklyn, New York. Judge Rakoff previously sentenced co-defendants GARY ROBLES and MICHAEL MAZUR to 28 and 18 years in prison, respectively, for their roles in Rubin’s murder.
U.S. Attorney Damian Williams said: “Today’s sentencing brings long-awaited closure to the family of Joshua Rubin for the horrific events from more than a decade ago when Taylor, Robles and Mazur killed Rubin during a planned drug robbery, and then burned and abandoned Rubin’s body in a deserted field in Pennsylvania. This case is another example of this Office’s commitment to seeking justice for victims, even if the road to justice is long. I want to thank our law enforcement partners and the Special Agents of the U.S. Attorney’s Office for persevering in this case until justice was achieved for the victim’s family.”
According to the allegations in the Indictment and other documents filed in federal court, as well as statements made in public court proceedings:
On or about October 31, 2011, KEVIN TAYLOR, GARY ROBLES, and MICHAEL MAZUR planned to rob Joshua Rubin of a pound of marijuana. ROBLES agreed to bring a firearm to the robbery. TAYLOR lured Rubin to a Brooklyn apartment where, under the guise of purchasing the marijuana, the trio planned to rob Rubin of the drugs. On the night of the robbery, TAYLOR and ROBLES waited inside the apartment while MAZUR was positioned outside to serve as a lookout. After Rubin entered the apartment, TAYLOR and ROBLES demanded that Rubin surrender the marijuana. When Rubin refused, ROBLES shot and killed him.
After the murder, TAYLOR, ROBLES, and MAZUR placed Rubin’s body into the trunk of a car and drove to rural Pennsylvania. Once there, TAYLOR, ROBLES, and MAZUR placed Rubin’s body in a garbage can, doused it with an accelerant, and set the body on fire. TAYLOR, ROBLES, and MAZUR then drove back to New York in the early morning hours of November 1, 2011. After the murder, TAYLOR arranged to have Rubin’s credit cards used to purchase items from retail establishments in Orange County, New York.
In addition, in 2019 and 2020, TAYLOR attempted to impede the federal murder investigation by paying thousands of dollars to a potential witness, and offering another witness hundreds of thousands of dollars if that witness refused to speak with law enforcement.
* * *
TAYLOR, 29, pled guilty to one count of robbery, in violation of 18 U.S.C. §§ 1951 and 2, one count of conspiracy to commit robbery, in violation of 18 U.S.C. § 371, and one count of conspiracy to commit witness tampering, in violation of 18 U.S.C. § 371. In connection with his guilty plea, TAYLOR admitted to his role in the murder. In addition to his prison sentence, TAYLOR, was sentenced to three years of supervised release.
ROBLES, 39, pled guilty to one count of robbery, in violation of 18 U.S.C. §§ 1951 and 2, one count of conspiracy to commit robbery, in violation of 18 U.S.C. § 371, and one count of narcotics conspiracy, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(D). In connection with his guilty plea, ROBLES admitted to his role in the murder. In addition to his prison sentence, ROBLES, was sentenced to three years of supervised release.
MAZUR, 27, pled guilty to one count of Hobbs Act robbery, in violation of 18 U.S.C. § 1951, and in connection with his guilty plea admitted to his role in the murder. In addition to his prison sentence, MAZUR, was sentenced to three years of supervised release.
Mr. Williams praised the outstanding work of the Federal Bureau of Investigation, the New York City Police Department, and the Special Agents of the United States Attorney’s Office for the Southern District of New York. He also thanked the Lehigh County District Attorney’s Office, the Pennsylvania State Police, and the South Whitehall Township Police Department for their assistance in the investigation.
The case is being prosecuted by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Alexandra N. Rothman, Mollie Bracewell, and Dominic A. Gentile are in charge of the prosecution.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Edward C. O’Callaghan, the Acting Assistant Attorney General for National Security, William F. Sweeney Jr., Assistant Director-in-Charge of the Federal Bureau of Investigation, New York Field Office (“FBI”), and James P. O’Neill, Commissioner of the Police Department for the City of New York (“NYPD”), announced today that AHMAD KHAN RAHIMI, a/k/a “Ahmad Rahami,” was sentenced to life in prison for his execution and attempted execution of bombings in New York City on September 17, 2016. RAHIMI was convicted on October 16, 2017, following a two-week jury trial before U.S. District Judge Richard M. Berman, who also imposed today’s sentence.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Inspired by ISIS and al Qaeda, Ahmad Khan Rahimi planted and detonated bombs on the streets of Chelsea, and in New Jersey, intending to kill and maim as many innocent people as possible. Less than a year-and-a-half after his attacks, Rahimi has now been tried, convicted, and sentenced to life in prison. Rahimi’s conviction and sentencing are victories for New York City and our nation in the fight against terror.”
Acting Assistant Attorney General Edward C. O’Callaghan said: “Today our legal system delivered on its promise to provide swift and resolute justice to those who would target innocent victims by perpetrating terrorist attacks against our homeland. I commend all of the agents, analysts, and prosecutors whose commitment and dedication made this result possible.”
FBI Assistant Director William F. Sweeney Jr. said: “Today’s sentencing assures us that Ahmad Khan Rahimi will spend the rest of his life behind bars. Once again, the lesson learned is clear: if you plot to cause catastrophic damage against this city and our citizens, you will be held accountable. I would like to thank the FBI Joint Terrorism Task Forces here in New York and New Jersey, along with many other law enforcement partners, who moved with speed in this investigation and who work every day to protect Americans from acts of terror. I would also like to express my gratitude to the public who remained engaged throughout this investigation. That partnership and the public's continued cooperation are crucial to ensuring we stay ahead of threats, and enhance law enforcement's response following attacks like this.”
Police Commissioner James P. O’Neill said: “Ahmed Kahn Rahimi placed two ticking bombs in a crowded Manhattan neighborhood on a warm Saturday night. He then walked away. It was the most cowardly of all crimes. His clear intention was to take as many lives as possible. Rahimi had other bombs and likely other plans. I want to thank the NYPD officers who responded that night, the agents and NYPD detectives of the JTTF, the NYPD Intelligence Bureau, Detective Bureau, Bomb Squad, ATF Agents, and the officers of the Linden New Jersey Police Department who all had important contributions in the investigation and arrest. I also want to thank the prosecutors of the US Attorney for the Southern District of New York, the most experienced terrorism prosecutors in the nation for bringing New Yorkers justice.”
According to the Complaint, the Indictment, other filings in Manhattan federal court, evidence at trial, and statements made in court proceedings:
On September 17, 2016, RAHIMI transported two improvised explosive devices from New Jersey to New York, New York. RAHIMI placed one of the devices in the vicinity of 135 West 23rd Street in the Chelsea neighborhood of New York, New York (the “23rd Street Bomb”) and the other in the vicinity of 131 West 27th Street in the Chelsea neighborhood of New York, New York (the “27th Street Bomb”).
At approximately 8:30 p.m., the 23rd Street Bomb – containing a high explosive main charge and thousands of ball bearings – detonated, causing injuries to over 30 people and hundreds of thousands of dollars in property damage across a 650-foot crime scene. The injuries included, among other things, lacerations to the face, abdomen, legs, and arms caused by flying glass; metal shrapnel and fragmentation embedded in skin and bone; and various head injuries. The explosive components appear to have been placed inside a pressure cooker and left near a dumpster. The explosion propelled a more-than-100-pound dumpster – which was introduced as an exhibit at trial – more than 120 feet. The blast shattered windows as far as approximately 400 feet from the blast site and, vertically, more than three stories high.
Shortly after the 23rd Street Bomb detonated, a civilian identified the 27th Street Bomb and promptly called 911, which recorded call was introduced in evidence and played at trial. The 27th Street Bomb, which was rendered safe prior to detonation, consisted of, among other things, a pressure cooker connected with wires to a cellular telephone (likely to function as a timer) and packaged with an explosive main charge, ball bearings, and steel nuts.
Earlier that day, at approximately 9:35 a.m. on September 17, 2016, another improvised explosive device, which had been planted by RAHIMI in the early morning hours, detonated in the vicinity of Seaside Park, New Jersey, along the route for the Seaside Semper Five Marine Corps Charity 5K race. The start of the race – which was scheduled to begin at 9:00 a.m. – was delayed. Had the race started on time, the bomb would have detonated as runners were passing by where RAHIMI had planted it.
On September 18, 2016, at approximately 8:40 p.m., six additional improvised explosive devices that RAHIMI also planted were found inside a backpack located at the entrance to the New Jersey Transit station in Elizabeth, New Jersey. One of these devices detonated as law enforcement used a robot to defuse it.
On September 19, 2016, at approximately 9:30 a.m., RAHIMI was arrested by police in Linden, New Jersey. RAHIMI fired multiple shots at police, striking and injuring multiple police officers before he was himself shot, subdued, and placed under arrest. In the course of RAHIMI’s arrest, a handwritten journal was recovered from RAHIMI’s person. Written in the journal were, among other things, mentions of explosive devices (including “The sounds of bombs will be heard in the streets” and “Bombs set off in the streets they plan to run a mile”), and laudatory references to Usama Bin Laden, the former leader of al Qaeda, Anwar al-Awlaki, a former senior leader of al Qaeda in the Arabian Peninsula, Mohammed al-Adnani, a former senior leader of the Islamic State in Iraq and al Sham, and Nidal Hasan, who shot and killed 13 people in Foot Hood, Texas.
* * *
In addition to the prison term, RAHIMI, 30, was sentenced to five years of supervised release and ordered to pay $562,803 in restitution.
In addition to the charges for which he was sentenced in Manhattan federal court, RAHIMI also has been charged in a Complaint in the District of New Jersey with offenses in connection with his alleged efforts to detonate explosives in Seaside Park, New Jersey, and Elizabeth, New Jersey.
Mr. Berman praised the outstanding efforts of the Federal Bureau of Investigation’s New York Joint Terrorism Task Force, which principally consists of agents from the FBI and detectives from the New York City Police Department, and the 13th Precinct of the NYPD. Mr. Berman also thanked the Counterterrorism Section of the Department of Justice’s National Security Division for its assistance.
The prosecution of this case is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant U.S. Attorneys Emil J. Bove III, Andrew J. DeFilippis, and Shawn G. Crowley are in charge of the prosecution, with assistance from Trial Attorney Brian Morgan of the National Security Division’s Counterterrorism Section.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Raymond P. Donovan, Special Agent in Charge of the New York Office of the Drug Enforcement Administration (“DEA”), and Dermot Shea, Commissioner of the New York City Police Department (“NYPD”), announced the unsealing today of an Indictment charging EDWARD ABREU, ALICIA ARIAS, LUIS FRIAS, TIMOTHY WALLACE, a/k/a “Larry,” DEREK LIVINGSTON, a/k/a “Wiz,” CHARKEEM PAYNE, a/k/a “Lite,” CAROL LANE, TRACEY SMITH, a/k/a “Trey,” HERMAN STEWARD, TASHA BURNETT, a/k/a “Dutchis,” TYRISS GWYNN, EDGAR MONTES, a/k/a “E,” and FERNANDO DISLA, a/k/a “Lolo,” with participating in a conspiracy to distribute cocaine and crack cocaine. Eight defendants were taken into custody today and will be presented this afternoon before United States Magistrate Judge Kevin Nathaniel Fox. Four defendants were previously presented after being taken into custody and one defendant remains at large. The case is assigned to United States District Judge Denise L. Cote.
U.S. Attorney Geoffrey S. Berman said: “As alleged in the indictment, the defendants in this case brought cocaine and crack into our communities for well over a year. Thanks to the extraordinary work of the NYPD and DEA, the defendants will now face justice in federal court.”
DEA Special Agent in Charge Ray Donovan said: “The Gunna Ave gang’s alleged drug trafficking operations encouraged drug abuse and drove crime and violence in the community where they live. Our partnership with the NYPD and U.S. Attorney’s Office focuses on disrupting drug trafficking organizations at all levels of distribution, as evidenced in this investigation.”
NYPD Commissioner Dermot Shea said: “I commend our investigators, together with our federal partners, for the great work throughout this investigation. The men and women of the NYPD work each day to eradicate illegal drugs from our City and ensure safety across every neighborhood.”
As alleged in the Indictment unsealed today in Manhattan federal court[1] and in statements on the record in court:
EDWARD ABREU, ALICIA ARIAS, LUIS FRIAS, TIMOTHY WALLACE, a/k/a “Larry,” DEREK LIVINGSTON, a/k/a “Wiz,” CHARKEEM PAYNE, a/k/a “Lite,” CAROL LANE, TRACEY SMITH, a/k/a “Trey,” HERMAN STEWARD, TASHA BURNETT, a/k/a “Dutchis,” TYRISS GWYNN, EDGAR MONTES, a/k/a “E,” and FERNANDO DISLA, a/k/a “Lolo,” were members of a drug trafficking organization (the “DTO”) that distributed cocaine and crack cocaine within the Bronx, including in the vicinity of East 167th Street and Sheridan Avenue from at least in or about January 2019 through March 2020. LIVINGSTON is also charged with having used and possessed a firearm in furtherance of the charged drug trafficking conspiracy and being a felon in possession of a firearm.
* * *
A chart containing the names, charges, and maximum penalties for the defendants is set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the DEA and NYPD.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorney Thomas John Wright is in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
###
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics conspiracy
21 U.S.C. § 846
EDWARD ABREU, 44,
ALICIA ARIAS, 36,
LUIS FRIAS, 40,
TIMOTHY WALLACE, 32,
a/k/a “Larry,”
DEREK LIVINGSTON, 32,
a/k/a “Wiz,”
CHARKEEM PAYNE, 32,
a/k/a “Lite,”
CAROL LANE, 52, and
TRACEY SMITH, 52,
a/k/a “Trey”
HERMAN STEWARD, 62,
TASHA BURNETT, 44,
a/k/a “Dutchis,”
EDGAR MONTES, 40,
a/k/a “E,” and
FERNANDO DISLA, 33,
a/k/a “Lolo”
TYRISS GWYNN, 34,
Life in prison
Mandatory minimum of 10 years in prison
40 years in prison
Mandatory minimum of 5 years in prison
20 years in prison
2
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a drug trafficking crime
18 U.S.C. § 924(c)
DEREK LIVINGSTON,
a/k/a “Wiz”
Life in prison
Mandatory minimum of 5 years in prison
3
Felon in possession of a firearm
18 U.S.C. § 922(g)
DEREK LIVINGSTON,
a/k/a “Wiz”
10 years in prison
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the descriptions of the Indictment constitute only allegations, and every fact described should be treated as an allegation.
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: Case type associated with a magistrate case if the current case was merged from a magistrate case
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The docket number originally given to a case assigned to a magistrate judge and subsequently merged into a criminal case
Format: A7
Description: A unique number assigned to each defendant in a magistrate case
Format: A3
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the second highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE2
Format: N2
Description: The four digit AO offense code associated with FTITLE2
Format: A4
Description: The four digit D2 offense code associated with FTITLE2
Format: A4
Description: A code indicating the severity associated with FTITLE2
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: Case type associated with a magistrate case if the current case was merged from a magistrate case
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The docket number originally given to a case assigned to a magistrate judge and subsequently merged into a criminal case
Format: A7
Description: A unique number assigned to each defendant in a magistrate case
Format: A3
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the second highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE2
Format: N2
Description: The four digit AO offense code associated with FTITLE2
Format: A4
Description: The four digit D2 offense code associated with FTITLE2
Format: A4
Description: A code indicating the severity associated with FTITLE2
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: Case type associated with a magistrate case if the current case was merged from a magistrate case
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The docket number originally given to a case assigned to a magistrate judge and subsequently merged into a criminal case
Format: A7
Description: A unique number assigned to each defendant in a magistrate case
Format: A3
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, James J. Hunt, the Special Agent in Charge of the New York Division of the Drug Enforcement Administration (“DEA”), James D. Robnett, the Special Agent in Charge of the New York Field Office of the Internal Revenue Service, Criminal Investigation (“IRS-CI”), Angel M. Melendez, the Special Agent in Charge of the New York Field Office of Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced today the unsealing of an Indictment charging HALLIL TABAR, ASMIN HERNANDEZ, JOHN MUNOZ-GARCIA, JAIRO CIENFUEGOS, WILLIAM BAEZ, HENRY RODRIGUEZ, DANNY HANNAH, JR., KEVIN UMEJEI, and STARLY HERNANDEZ with conspiracy to distribute marijuana, and a Complaint charging LORNE VICTORIA with conspiracy to distribute marijuana and use of a firearm in furtherance of drug trafficking. Nine of the defendants were arrested yesterday and presented before United States Magistrate Judge Sarah Netburn in Manhattan federal court, and STARLY HERNANDEZ was arrested this morning and will be presented before Judge Netburn later today.
Acting Manhattan U.S. Attorney Joon H. Kim said: “As alleged, these defendants conspired to ship millions of dollars’ worth of drugs across the country for eventual sale in New York City. Searches of apartments where the defendants allegedly resided uncovered guns and ammunition, multiple kilograms of cocaine, hundreds of pounds of marijuana, and thousands of dollars in cash. Drug trafficking organizations endanger public safety, and today’s multi-agency effort has successfully halted another such alleged organization.”
DEA Special Agent-in-Charge James J. Hunt said: “Yesterday’s arrests were part of ‘Operation Green Giant’, a Strike Force investigation targeting an organization allegedly reaping millions off the sale of marijuana in New York City. The alleged operation traversed the country with $22 million worth of marijuana sent to our city and the profit laundered back to California. I commend the good work of the Strike Force, Southern District of New York and our law enforcement partners on these arrests and dismantlement.”
As alleged in the Indictment and Complaint unsealed yesterday and today in Manhattan federal court[1]:
The defendants are members of a Bronx-based large-scale drug trafficking organization (the “DTO”) that shipped hundreds of boxes containing thousands of pounds of marijuana from California to various locations in New York. Between at least March 2016 and the present, the DTO trafficked in over 6,600 pounds of marijuana worth approximately $22 million, which was sent to residences and businesses in Manhattan, the Bronx, and New Rochelle. After the drugs were shipped to New York, the defendants transferred multiple boxes of marijuana per week to several stash houses from which the DTO members further distributed the drugs to customers and dealers.
In connection with yesterday’s arrests, law enforcement agents executed search warrants at 12 locations in the Bronx, including apartments occupied by several of the defendants. During the execution of those search warrants, agents recovered, among other items, three handguns, one sawed-off shotgun, ammunition, multiple kilograms of cocaine, hundreds of pounds of marijuana, and thousands of dollars in cash. DEA agents previously seized over $230,000 in cash from TABAR on October 14, 2017, at San Francisco International Airport.
* * *
Charts setting forth the names, ages, charges, residences, and maximum penalties for the defendants are set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants will be determined by the judge.
Mr. Kim praised the outstanding investigative work of the DEA’s New York Organized Crime Drug Enforcement Strike Force, which comprises agents and officers of the DEA, the NYPD, HSI, the New York State Police, IRS-CI, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), U.S. Secret Service, the U.S. Marshals Service, New York National Guard, the Clarkstown Police Department, U.S. Coast Guard, Port Washington Police Department, and New York State Department of Corrections and Community Supervision. The Strike Force is partially funded by the New York/New Jersey High Intensity Drug Trafficking Area (HIDTA), which is a federally funded crime fighting initiative and part of the Organized Crime Drug Enforcement Task Force (“OCDTEF”) program.
This case is being handled by the Office’s Narcotics Unit. Assistant United States Attorneys Catherine Geddes and Nicholas Folly are in charge of the prosecution.
The charges contained in the Indictment and Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
###
United States v. Hallil Tabar et al. &
United States v. Lorne Victoria
CHARGE
DEFENDANTS
MAX. PENALTIES
Conspiracy to Distribute Narcotics
21 U.S.C. §§ 846 and 841(b)(1)(A)
HALLIL TABAR,
JAIRO CIENFUEGOS,
WILLIAM BAEZ,
HENRY RODRIGUEZ,
DANNY HANNAH, JR.,
STARLY HERNANDEZ,
and
LORNE VICTORIA
Life in prison with a mandatory minimum of 10 years in prison
Conspiracy to Distribute Narcotics
21 U.S.C. §§ 846 and 841(b)(1)(B)
ASMIN HERNANDEZ,
JOHN MUNOZ-GARCIA,
and
KEVIN UMEJEI
Life in prison with a mandatory minimum of 5 years in prison
Use of Firearms in Furtherance of Narcotics Trafficking
18 U.S.C. § 924(c)(1)(A)
LORNE VICTORIA
Life in prison with a mandatory minimum of 5 years in prison
DEFENDANT
AGE
RESIDENCE
HALLIL TABAR
29
BRONX
ASMIN HERNANDEZ
27
BRONX
JOHN MUNOZ-GARCIA
30
BRONX
JAIRO CIENFUEGOS
27
BRONX
WILLIAM BAEZ
31
BRONX
HENRY RODRIGUEZ
41
BRONX
DANNY HANNAH, JR.
48
BRONX
KEVIN UMEJEI
25
BRONX
STARLY HERNANDEZ
30
CALIFORNIA
LORNE VICTORIA
37
BRONX
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and Complaint, and the description of the Indictment and Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that Lancelot Paul Lutchman was sentenced to 10 years in prison for his possession of files containing sexually explicit images of a minor. Lutchman pled guilty on September 12, 2018, before U.S. District Judge Paul A. Crotty, who imposed today’s sentence.
Manhattan U.S. Attorney Geoffrey S. Berman said: “For Lancelot Lutchman’s crimes against children, he will spend 10 years in federal prison. Our Office remains committed to finding and prosecuting criminals who prey on and abuse children.”
According to documents filed in this case and statements made in related court proceedings:
Between January 31, 2016, and January 21, 2017, LUTCHMAN used a peer-to-peer file sharing network to share approximately 845 unique video files known to contain child pornography. The child pornography included depictions of prepubescent children engaged in sexual activity with other children or adults. On January 26, 2017, law enforcement officers executed a search warrant for LUTCHMAN’s apartment and recovered his laptop computer, which contained numerous files of child pornography. As officers were entering the apartment, LUTCHMAN hid the laptop in his oven.
* * *
In addition to the prison term, LUTCHMAN, 44, of the Bronx, was sentenced to five years of supervised release.
Mr. Berman praised the New York City Police Department for its outstanding investigative work. Mr. Berman also thanked the Bronx District Attorney’s Office for its invaluable assistance with this matter.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorneys Kyle A. Wirshba and Daniel Loss are in charge of the prosecution.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the arrest today of LANCELOT PAUL LUTCHMAN for possession and distribution of child pornography. LUTCHMAN will be presented before United States Magistrate Judge Debra Freeman in Manhattan.
U.S. Attorney Geoffrey S. Berman said: “As alleged, the defendant possessed and distributed hundreds of files containing child pornography. Trafficking in child pornography fuels demand for such vile images, which means that in a very real sense, every time an image is shared, a child is victimized. Working with partners like the NYPD, our mission is to protect children and prosecute child predators.”
Police Commissioner James P. O’Neill said: “The defendant in this case is a Bronx man who is charged with possessing and distributing child pornography – hundreds and hundreds of video files. I want to thank the investigators and prosecutors on this case for their work to hold those who allegedly victimize and exploit children accountable for their crimes.”
According to the allegations in the Complaint filed in Manhattan federal court:[1]
Between January 31, 2016 and January 21, 2017, LUTCHMAN used a peer-to-peer file sharing network to share approximately 845 unique video files known to contain child pornography. The child pornography included depictions of prepubescent children engaged in sexual activity with other children or adults. On January 26, 2017, law enforcement officers executed a search warrant for LUTCHMAN’s apartment and recovered his laptop computer, which contained numerous files of child pornography. As officers were entering the apartment, LUTCHMAN hid the laptop in his oven.
* * *
LUTCHMAN, 44, of the Bronx, New York, is charged with one count of distribution and receipt of child pornography, which carries a mandatory minimum sentence of five years in prison and a maximum sentence of 20 years in prison, and one count of possession of child pornography, which carries a maximum sentence of 20 years in prison.
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Berman praised the New York City Police Department for its outstanding investigative work. Mr. Berman also thanked the Bronx District Attorney’s Office for its invaluable assistance with this matter.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Daniel Loss is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: Case type associated with a magistrate case if the current case was merged from a magistrate case
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The docket number originally given to a case assigned to a magistrate judge and subsequently merged into a criminal case
Format: A7
Description: A unique number assigned to each defendant in a magistrate case
Format: A3
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: Case type associated with a magistrate case if the current case was merged from a magistrate case
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The docket number originally given to a case assigned to a magistrate judge and subsequently merged into a criminal case
Format: A7
Description: A unique number assigned to each defendant in a magistrate case
Format: A3
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Audrey Strauss, the Acting United States Attorney for the Southern District of New York, and Richard P. Donoghue, the United States Attorney for the Eastern District of New York, announced today that special telephone numbers have been set up to receive complaints of possible violations of federal election laws relating to tomorrow’s primary election in New York City and other counties in their districts.
Their Offices will be available to receive complaints at the following numbers on Tuesday, June 23, 2020:
(646) 369-4739 (for Manhattan, Bronx, Dutchess, Orange, Putnam, Rockland, Sullivan, and Westchester counties) and
(718) 254-6790 (for Brooklyn, Queens, Staten Island, Nassau, and Suffolk counties)
In addition, complaints of possible violations of federal election laws may be made directly to the Federal Bureau of Investigation at (212) 384-1000.
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on Election Day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting, may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice.
The United States Attorneys also noted that the following additional telephone numbers are available for citizens to call for routine inquiries, such as where to vote or how late the polls are open, or to register complaints that may concern violations of New York State election laws:
IN NEW YORK CITY
City Board of Elections
Main Office (866) 868-3692 - TTY #: 212-487-5496
IN COUNTIES OUTSIDE NEW YORK CITY
County Boards of Elections
Dutchess (845) 486-2473
Nassau (516) 571- 8683
Orange (845) 360-6500
Orange (Spanish language) (855) 331-2444
Putnam (845) 808-1300
Rockland (845) 638-5172
Suffolk (631) 852-4500
Sullivan (845) 807-0400
Westchester (914) 995-5700
Assistant United States Attorneys David J. Kennedy and Nicolas Roos are responsible for overseeing the handling of complaints of voting rights abuses and election fraud for the Southern District of New York.
Assistant United States Attorney Erik Paulsen is responsible for overseeing the handling of complaints of voting rights abuses and election fraud for the Eastern District of New York.
Damian Williams, the United States Attorney for the Southern District of New York, announced that EFRAIN GRANADOS-CORONA, a/k/a “Chavito,” a/k/a “Cepillo,” was sentenced today to 212 months in prison in connection with trafficking three victims. Five additional defendants in this case were previously sentenced to terms of imprisonment. JULIO SAINZ-FLORES, a/k/a “Rogelio,” was sentenced on January 10, 2020, to 135 months in prison; PEDRO ROJAS-ROMERO was sentenced on December 2, 2021, to 137 months in prison; ALAN ROMERO-GRANADOS, a/k/a “El Flaco,” was sentenced on February 24, 2022, to 84 months in prison; JUAN ROMERO-GRANADOS, a/k/a “Chegoya,” a/k/a “El Guero,” was sentenced on May 3, 2022, to 108 months in prison; and EMILIO ROJAS-ROMERO was sentenced on June 9, 2022, to 136 months in prison.
U.S. Attorney Damian Williams said: “These defendants used brute force, threats of violence, and false promises to lure dozens of minors and adult victims in Mexico and the United States, traffic them into commercial sex, and collect millions of dollars in illegal proceeds. The devastation inflicted on the defendants’ victims is beyond measure. These sentencings send a clear message: those who prey on women and children to sell them into sexual slavery will be prosecuted and punished to the full extent of the law.”
According to the allegations in the Indictment to which each defendant pleaded guilty, public court filings, and statements made in court:
EFRAIN GRANADOS-CORONA, JULIO SAINZ-FLORES, JUAN ROMERO-GRANADOS, ALAN ROMERO-GRANADOS, PEDRO ROJAS-ROMERO, and EMILIO ROJAS-ROMERO, the defendants, were members of an international sex trafficking organization (the “STO”). Many of the members of the STO are related by blood, marriage, and community.
Between at least in or about 2000 and 2016, members of the STO (the “Traffickers”) used false promises, physical and sexual violence, threats, lies, and coercion to force and coerce adult and minor women (the “Victims”) to work in prostitution in both Mexico and the United States.
In most cases, a Trafficker enticed a Victim – frequently a minor – in Mexico. The Trafficker then used multiple means to isolate the Victim from her family. In some cases, the Trafficker used romantic promises to induce the Victim to leave her family and live with the Trafficker. In other cases, the Trafficker raped the Victim, making it difficult for her to return to her family due to the associated stigma of the rape. Once a Victim was separated from her family, the Trafficker frequently monitored her communications, kept her locked in an apartment, left her without food, and engaged in physical or sexual violence against the Victim.
Traffickers often told Victims that the Traffickers owed a significant debt and that the Victim needed to work in commercial sex to assist in repaying the debt. Traffickers typically began forcing the Victims to work in commercial sex in Mexico. Victims were often required to see at least 20 to 40 customers per day. Traffickers monitored the number of clients each Victim saw by surveilling the Victims, communicating with brothel workers, and by counting the number of condoms provided to each Victim. Traffickers typically required the Victims to turn over all of the commercial sex proceeds to the Traffickers.
After a Victim worked in commercial sex in Mexico for some time, Traffickers typically arranged for the Victim to be smuggled into the United States. Members of the STO assisted one another in making smuggling arrangements. In many cases, multiple Traffickers and multiple Victims were smuggled into the United States together. In other cases, one Trafficker remained in Mexico while arranging for a Victim to be smuggled together with another Trafficker and other Victims.
Once in the United States, the members of the STO generally maintained their Victims at one of several shared apartments in New York City. Victims living in the same apartment were frequently forbidden from communicating with one another. Once in the United States, Traffickers continued to use physical and sexual violence, threats, lies, and coercion to force the Victims to work in commercial sex.
In most cases, the Trafficker or another member of the STO provided Victims with contact information with which to find work engaging in commercial sex acts. The Victims typically worked weeklong shifts either in a brothel or in a “delivery service.” In a delivery service, the Victims were delivered to customers’ homes by “drivers.” These brothels and delivery services were located both within New York and in surrounding states, including, but not limited to, Connecticut, Maryland, Virginia, New Jersey, and Delaware.
Generally, each customer paid $30 to $35 for 15 minutes of sex with a Victim. Of that, half of the money typically went to the driver (in the case of a delivery service) or to the brothel. The other half went to the Victim, who was then typically forced to give all of those proceeds to the Trafficker. When a Trafficker was unavailable, a Victim would be forced to give the proceeds to another member of the STO.
The Traffickers then frequently sent, or had their Victims send, some of the commercial proceeds to Traffickers’ family members and associates in Mexico by wire transfer. Such transfers provided financial assistance to the Traffickers’ families and provided financial support to the Traffickers themselves if they returned to Mexico.
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EFRAIN GRANADOS-CORONA, 45, of Mexico, pled guilty to sex trafficking by force, fraud, and coercion, which carries a mandatory minimum sentence of 15 years in prison and a maximum sentence of life in prison. In addition to the prison terms, EFRAIN GRANADOS-CORONA was ordered to pay $2,004,450 in restitution.
JULIO SAINZ-FLORES, 37, of Mexico, pled guilty to sex trafficking of a minor, which carries a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison.
JUAN ROMERO-GRANADOS, 33, ALAN ROMERO-GRANADOS, 28, PEDRO ROJAS-ROMERO, 40, and EMILIO ROJAS-ROMERO, 37, all of Mexico, pled guilty to conspiracy to commit sex trafficking by force, fraud, and coercion, which carries a maximum sentence of life in prison. In addition to the prison terms, JUAN ROMERO-GRANADOS was ordered to pay $147,600 in restitution.
The maximum and minimum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
The prosecution is being handled by the Violent and Organized Crime Unit of the U.S. Attorney’s Office for the Southern District of New York. Assistant U.S. Attorneys Jacqueline C. Kelly and Elinor L. Tarlow are in charge of the prosecution.
Audrey Strauss, the Acting United States Attorney for the Southern District of New York, announced that MATTHEW MADONNA, the Acting Boss of the Luchese Family, CHRISTOPHER LONDONIO, a soldier in the Luchese Family, and TERRENCE CALDWELL, an associate of the Luchese Family, were sentenced today to life in prison following their conviction for the 2013 murder of Michael Meldish, conspiracy to commit racketeering, and other felonies. A jury convicted MADONNA, LONDONIO, CALDWELL, and Steven L. Crea, the Underboss of the Luchese Family, on November 15, 2019, following a six-week trial before U.S. District Judge Cathy Seibel, who also imposed today’s sentences. CREA will be sentenced at a later date.[1]
Acting U.S. Attorney Audrey Strauss said: “Matty Madonna, Christopher Londonio, and Terrence Caldwell – respectively, the Acting Boss, a soldier, and an associate of the Luchese Family – were responsible for the execution-style murder of Michael Meldish seven years ago. Madonna ordered it, Londonio set it up, and Caldwell pulled the trigger. Now all three have been sentenced to serve the rest of their lives in federal prison. Thanks to the outstanding investigative work of the FBI and NYPD, we continue our commitment to render La Cosa Nostra a thing of the past.”
According to the evidence presented at trial, and other court documents:
Until his arrest in this case, MADONNA was the Acting Boss of the Luchese Family of La Cosa Nostra, one of the “Five Families” that constitute the Mafia in the New York City area. In 2013, MADONNA became displeased with Michael Meldish, a longtime organized crime associate who had refused to collect debts owed to MADONNA. MADONNA ordered Meldish killed. Acting under the orders of MADONNA and Crea, LONDONIO helped set up Meldish – a personal friend of LONDONIO’s – to be killed, and acted as the getaway driver for the murder. CALDWELL carried out MADONNA’s and Crea’s orders to kill Meldish. CALDWELL met Meldish and drove with him to a Bronx neighborhood to meet LONDONIO. As Meldish got out of his car, CALDWELL shot him once in the head, killing him instantly. CALDWELL then drove off with LONDONIO. For their participation in the Meldish murder, MADONNA, LONDONIO, and CALDWELL were each convicted at trial of conspiracy to commit murder in aid of racketeering, murder in aid of racketeering, and use of a firearm in furtherance of murder in aid of racketeering.
In addition, MADONNA, 84, of the Bronx, New York, LONDONIO, 45, of Hartsdale, New York, and CALDWELL, 61, of New York, New York, were also convicted of racketeering conspiracy; CALDWELL was convicted of attempted murder in aid of racketeering and discharging a firearm in furtherance of attempted murder in aid of racketeering arising out of his May 29, 2013, ambush of a member of the rival Bonanno Family in Manhattan; and LONDONIO was convicted of conspiracy to distribute narcotics.
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Ms. Strauss praised the outstanding investigative work of the Federal Bureau of Investigation, the New York City Police Department, Homeland Security Investigations, the Waterfront Commission of New York Harbor, and the U.S. Bureau of Prisons.
The case is being handled by the Office’s White Plains Division. Assistant United States Attorneys Hagan Scotten, Celia V. Cohen, and Alexandra N. Rothman, were in charge of the trial and sentencings.
[1] Like MADONNA, LONDONIO, and CALDWELL, Crea is subject to a mandatory sentence of life in prison.
Damian Williams, the United States Attorney for the Southern District of New York, Stuart M. Goldberg, the Acting Deputy Assistant Attorney General for Criminal Matters of the Justice Department’s Tax Division, and Jim Lee, the Chief of the Internal Revenue Service, Criminal Investigation (“IRS-CI”), announced today the filing of criminal charges against Swiss Bank, BANQUE PICTET ET CIE SA (“BANQUE PICTET” or the “Bank”) for conspiring with U.S. taxpayers and others to hide more than $5.6 billion in 1,637 secret bank accounts in Switzerland and elsewhere and to conceal the income generated in those accounts from the IRS.
As part of today’s resolution, BANQUE PICTET entered into a Deferred Prosecution Agreement (“DPA”) and agreed to pay approximately $122.9 million to the U.S. Treasury. Today’s resolution is one of a series of cases brought by the Department of Justice in connection with its investigations since 2008 into facilitation of offshore U.S. tax evasion by foreign banks. The case has been assigned to U.S. District Judge Edgardo Ramos.
U.S. Attorney Damian Williams said: “As it has admitted today, Banque Pictet knowingly conspired to conceal from the IRS the income generated by accounts which held more than $5.6 billion. Thanks to the hard work of the career prosecutors of this Office and our law enforcement partners, Banque Pictet has agreed to pay more than $122.9 million and will continue to cooperate with the Department of Justice. Rooting out financial malfeasance remains a priority for this Office, and we encourage companies and financial institutions to come to us to report wrongdoing before we come to you.”
Acting Deputy Assistant Attorney General Stuart M. Goldberg said: “Today, Banque Pictet et Cie admitted to actively helping U.S. taxpayers use coded accounts, foreign trusts and entities, nominee beneficiaries and other deceits to conceal their income and assets abroad. For this criminal conduct the bank will be paying nearly $122.9 million in restitution, disgorgement of fees and a financial penalty, and is required to fully cooperate with investigations relating to these secret accounts.”
IRS-CI Chief Jim Lee said: “This case should provide a clear message to others who try to hide their assets and income offshore. Our special agents are experts in following the money, and they are the best at uncovering schemes that try to defraud the U.S. tax system. Offshore tax evasion is a priority for IRS Criminal Investigation, and today’s deferred prosecution agreement with Bank Pictet collects more than $120 million owed to the U.S. government.”
According to documents filed today in Manhattan federal court:
The Pictet Group was founded in 1805 and is a privately held Swiss financial institution headquartered in Geneva that has historically operated as a general partnership and, since 2014, as a corporate partnership. A limited number of managing partners, generally eight or fewer, collectively known as “The Salon,” own and manage the Pictet Group.
As of December 31, 2014, the Pictet Group had approximately 3,800 employees in various locations, primarily in Switzerland, but also in Luxembourg, Hong Kong, Singapore, and the Bahamas. The Pictet Group operates two main business divisions: institutional asset management and private banking for individuals.
From 2008 to 2014, the Pictet Group’s private banking division was operated by the group’s following banking entities: the Swiss bank (BANQUE PICTET & CIE SA); Pictet & Cie (Europe) SA, headquartered in Luxembourg; Bank Pictet & Cie (Asia) Ltd. in Singapore; and the Bahamian bank, Pictet Bank & Trust Ltd. The Pictet Group provided offshore corporation and trust formation and administration services to certain U.S. taxpayers, first through the Estate Planning and Trust Services unit and later through a wholly owned subsidiary called Rhone Trust and Fiduciary Services SA (Rhone).
As of December 31, 2014, the Pictet Group’s private banking division managed or held custody of approximately $165 billion in assets under management (“AUM”). From 2008 to 2014, the Pictet Group served approximately 3,736 private accounts that had U.S. taxpayers as beneficial owners, whose aggregate maximum AUM, including declared assets, was approximately $20 billion.
Though the Pictet Group adopted early measures to confirm that U.S. clients complied with U.S. law, from 2008 through 2014, the Pictet Group assisted certain U.S. taxpayer-clients with Pictet Group accounts in evading their U.S. tax obligations and otherwise hiding undeclared accounts[1] from the IRS.
In total, from 2008 through 2014, the Pictet Group held 1,637 U.S. Penalty Accounts,[2] with aggregate maximum AUM of approximately $5.6 billion in January 2008, on behalf of U.S. taxpayer-clients, who collectively evaded approximately $50.6 million in U.S. taxes.
The Pictet Group assisted U.S. taxpayer-clients with evading their U.S. taxes by opening and maintaining undeclared accounts for U.S. taxpayer-clients at the Pictet Group, either directly or through external asset managers. The Pictet Group also maintained accounts of certain U.S. taxpayer-clients within the Pictet Group in a manner that allowed the U.S. taxpayer-clients to further conceal their undeclared accounts from the IRS. The Pictet Group and certain of its employees knew or should have known that some of their U.S. taxpayer-clients were evading U.S. taxes. In every instance, managing partners approved the opening of new private client relationships and were informed of the closing of U.S. taxpayer-clients’ accounts, which included some undeclared accounts.
As further detailed below, the Pictet Group used a variety of means to assist U.S. taxpayer-clients in concealing their undeclared accounts, including by:
Forming or administering offshore entities in whose name the Pictet Group opened and maintained accounts, some of which were undeclared, for U.S. taxpayer-clients;
Opening and maintaining undeclared accounts in the names of offshore entities formed by others for U.S. taxpayer-clients;
Opening and maintaining Private Placement Life Insurance policy accounts, also called insurance wrappers, held in the name of insurance companies but beneficially owned by U.S. taxpayers and improperly managed or funded through undeclared accounts at the Pictet Group;
Transferring funds from undeclared U.S. taxpayer-client accounts to accounts nominally held by non-U.S. clients but still controlled by U.S. taxpayer-clients via fictitious donations, thus assisting U.S. taxpayer-clients in continuing to maintain undeclared funds offshore; and
Providing traditional Swiss banking products such as hold-mail account services, where account-related mail is held at the bank rather than sent to the client, and coded or numbered accounts; and
Accepting IRS Forms W-8BEN[3] or Pictet Group’s substitute forms that the group knew or should have known falsely stated or implied under penalty of perjury that offshore entities beneficially owned the assets in the undeclared accounts.
The $122.9 million BANQUE PICTET agreed to pay to the U.S. Treasury pursuant to the DPA consists of (i) $52,164,201 to the United States, which represents gross fees (not profits) that the bank earned on its undeclared accounts between 2008 and 2014; (ii) $31,844,192 in restitution to the IRS, which represents the unpaid taxes resulting from BANQUE PICTET’s participation in the conspiracy; and (iii) a $38,950,998 penalty. The penalty considers the nature and seriousness of the Pictet Group's conduct, the Bank’s extensive internal investigation, the Bank’s substantial provision of documents to the Justice Department, and the Bank’s facilitation of witness interviews. The Bank further implemented remedial measures to protect against the use of its services for future tax evasion.
In addition to the payment, BANQUE PICTET also agrees under the DPA to accept responsibility for its conduct by stipulating to the accuracy of an extensive Statements of Facts. BANQUE PICTET further agreed to refrain from all future criminal conduct, implement remedial measures and cooperate fully with further investigations into hidden bank accounts. Specifically, the Bank is required to cooperate fully with ongoing investigations and affirmatively disclose any information it may later uncover regarding U.S.-related accounts. The Bank is also required to disclose information consistent with the Justice Department’s Swiss Bank Program relating to accounts closed between January 1, 2008, and December 31, 2022. The agreements provide no protection from criminal or civil prosecution for any individuals.
If BANQUE PICTET continues to comply with its agreement, the United States has agreed to defer prosecution of BANQUE PICTET for a period of three years, after which time the United States will seek to dismiss the charge against BANQUE PICTET.
* * *
Mr. Williams praised the outstanding investigative work of the special agents of IRS-CI.
The prosecution of this case is being handled by the Justice Department’s Tax Division and the Complex Frauds and Cybercrime Unit of the U.S. Attorney’s Office for the Southern District of New York. Senior Litigation Counsel Nanette Davis of the Tax Division and Assistant U.S. Attorneys Daniel G. Nessim and Olga Zverovich are in charge of the prosecution.
[1] An “undeclared account” was a financial account beneficially owned by an individual subject to U.S. tax obligations and maintained in a foreign country that had not been reported by the individual account owner to the U.S. Government on an income tax return or an FBAR—a Report of Foreign Bank and Financial Accounts, FinCEN Form 114 (formerly known as Form TD F 90 22.1).
[2] “U.S. Penalty Accounts” are defined as U.S. accounts valued over $50,000 that the parties agree should be subject to a penalty for the offense conduct.
[3]The IRS Form W-8BEN is a tax form that identifies the foreign status of non-U.S. persons for U.S. tax withholding purposes.
Audrey Strauss, the United States Attorney for the Southern District of New York, Michael J. Driscoll, Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and Dermot Shea, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of a five-count Superseding Indictment charging JONATHAN GARCIA, a/k/a “Jayo,” with racketeering, murder in aid of racketeering, firearms, and narcotics offenses, in connection with GARCIA’s involvement in the 2017 murder of Joshua Flores, a/k/a “Monster,” and offenses committed by GARCIA as a member of the Latin Kings, including the Black Mob tribe of the Latin Kings. GARCIA was arrested today and will be presented before U.S. Magistrate Judge Gabriel W. Gorenstein in Manhattan federal court. The case has been assigned to U.S. District Judge Valerie E. Caproni.
U.S. Attorney Audrey Strauss said: “Latin Kings, like other gangs, solve disputes with intimidation and violence, as Jonathan Garcia allegedly did when he shot and killed Joshua Flores in 2017. Acts such as this endanger the public and wreak havoc on the neighborhoods where gangs have entrenched themselves. We will continue our partnership with the NYPD and FBI to stop the proliferation of deadly gang violence on the streets of our City.”
FBI Assistant Director Michael J. Driscoll said: “Violent street gang like the Latin Kings use brutal tactics in their pursuit of illegal drugs and firearms, terrorizing all those who stand in their way. Basing status within the gang on a member’s violent acts is a stark illustration of their utter lack of respect for human life. For his alleged acts of violence, Mr. Garcia now faces a possible lifetime in federal prison.”
As alleged in the Superseding Indictment[1] unsealed today in Manhattan federal court and statements made in public filings:
GARCIA is a member of a racketeering enterprise known as the Latin Kings, and specifically, the set or “tribe” of the Latin Kings known as the Black Mob, which operates in the Bronx, Manhattan, Queens, Brooklyn, and Long Island. In order to enrich the enterprise, protect and expand its criminal operations, enforce discipline among its members, and retaliate against members of rival gangs, members and associates of the Black Mob committed, conspired, attempted, and threatened to commit acts of violence; distributed and possessed with intent to distribute narcotics, including heroin, fentanyl, and crack; committed robberies; and obtained, possessed, and used firearms. In December 2019 and April 2021, several members and associates of the Black Mob, including its senior-most leaders, were charged with racketeering offenses, narcotics conspiracy, and firearms offenses.
Since at least in or around 2012, GARCIA has been a member of the Latin Kings. On or about May 18, 2017, GARCIA shot and killed Joshua Flores, a/k/a “Monster.” The murder elevated GARCIA’s status within the Latin Kings, including the Black Mob.
GARCIA, 27, of Queens, New York, is charged with: (1) conspiracy to commit racketeering, in violation of Title 18, United States Code, Sections 1962(d) and 1963, which carries a maximum term of life in prison; (2) murder in aid of racketeering, in violation of Title 18, United States Code, Sections 1959(a)(1) and 2, which carries a mandatory term of life in prison or death; (3) murder through the use of a firearm, in violation of Title 18, United States Code, Sections 924(j)(1) and 2, which carries a maximum term of life in prison or death; (4) narcotics conspiracy, in violation of Title 21, United States Code, Sections 846 and 841 (b)(1)(A), which carries a maximum term of life in prison and a mandatory minimum term of 10 years in prison; and (5) use of a firearm in furtherance of a drug trafficking offense, in violation of Title 18 United States Code, Sections 924(c)(1)(A) and 2, which carries a maximum term of life in prison, and a mandatory minimum term of 10 years in prison, which must be served consecutively to any other term of in prison. The maximum potential sentences and the mandatory minimum sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.
Ms. Strauss praised the outstanding investigative work of the FBI and NYPD.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
This case is being handled by the Office’s Narcotics Unit. Assistant United States Attorneys Adam Hobson, Elinor Tarlow, and David Robles are in charge of the prosecution.
The charges in the Superseding Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Superseding Indictment constitutes only allegations, and every fact described herein should be treated as an allegation.
Audrey Strauss, the Acting United States Attorney for the Southern District of New York, William V. Grady, Dutchess County District Attorney, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), Thomas Pape, Chief of the City of Poughkeepsie Police Department (“CPPD”), Dermot Shea, Commissioner of the New York City Police Department (“NYPD”), Don Halmy, Chief of the Peekskill Police Department (“PPD”), Thomas Gleason, Commissioner of the Westchester County Department of Public Safety (“WCDPS”), and Anthony J. Annuci, Acting Commissioner of the New York State Department of Corrections and Community Supervision (“DOCCS”), announced the unsealing of a 16-Count Indictment charging 18 members of the Untouchable Gorilla Stone Nation Gang (“Gorilla Stone”) with committing various racketeering, murder, narcotics, firearms, and fraud offenses. BRANDON SOTO, a/k/a “Stacks,” is charged in connection with the September 21, 2020, murder of a minor in Poughkeepsie. The case is assigned to U.S. District Judge Philip M. Halpern.
Acting U.S. Attorney Audrey Strauss said: “As alleged in the Indictment, members of Gorilla Stone committed terrible acts of violence, trafficked in narcotics, and even engaged in brazen fraud by exploiting benefits programs meant to provide assistance in response to the COVID-19 pandemic. Because of that, communities across the Southern District – from Poughkeepsie to Peekskill to New York City – suffered. Most shocking, as alleged in the indictment, a minor was murdered in furtherance of the gang’s activities. Because of the extraordinary work of our law enforcement partners, the defendants now face federal charges for their crimes.”
FBI Assistant Director William F. Sweeney Jr. said: “As the indictment alleges, the violence and drug activity committed by these gang members threatened the safety of our communities and placed innocent lives at risk. Their unabashed criminal behavior, as alleged, included the murder of a 15 year-old and even extended to defrauding programs meant for people suffering economic hardship due to the pandemic. But thanks to the partnership and hard work of all law enforcement agencies involved in this investigation, we were able to stop this violent criminal organization – and show that Gorilla Stone is actually not ‘untouchable.’”
NYPD Commissioner Dermot Shea said: “These arrests demonstrate the NYPD’s relentless pursuit of the few individuals who drive violence and disorder in New York City. I commend the NYPD investigators and the many law enforcement agencies involved in this investigation whose hard work resulted in these arrests. Murder, robberies, narcotics trafficking, and other associated gang behavior will never be tolerated by the people we serve.”
Peekskill Police Chief Don Halmy said: “While it’s clear that the alleged actions of these individuals had a negative impact on the quality of life in Peekskill, it’s also obvious that the extent of their alleged criminal enterprise was much further reaching. Through this joint operation, utilizing Federal, County and local law enforcement agencies, communities both large and small will benefit from the arrest of those allegedly responsible for the distribution of illegal narcotics as well as the commission of violent felonies. We thank all those involved in bringing this to such a successful conclusion."
Westchester County Department of Public Safety Commissioner Thomas Gleason said: “Today’s arrests put a halt to an alleged criminal enterprise involved in drug trafficking, gang-related violence and other crimes in Westchester and the Hudson Valley. Our streets are indeed safer thanks to the great work of the Westchester Safe Streets Task Force and all of the partner agencies that contributed to the success of this complex investigation.”
DOCCS Acting Commissioner Anthony J. Annuci said: “DOCCS has zero tolerance for any criminal activity involving incarcerated individuals in its custody and within our facilities. These arrests highlight the successful investigation that the Department fully assisted with in the pursuit of justice.”
Dutchess County Chief Assistant District Attorney Matthew A. Weishaupt said: “Gorilla Stone Nation, as alleged below, was involved in widespread crimes of violence which erodes the infrastructure and quality of life in our community. Our office will continue to collaborate with our Federal, State, County and Local partners to eradicate the crime drivers that fuel gang violence. This effort will enhance the safety and quality of life in our community. We extend our thanks to the outstanding job of all the law enforcement agencies involved and special thanks to the City of Poughkeepsie Police Department, Hudson Valley Safe Streets Task Force, and Bureau Chief Sara Thompson of our office.”
City of Poughkeepsie Chief of Police Thomas Pape said: “I would like to thank our partners at the Federal, State and Local levels of law enforcement for the unwavering assistance and dedication to their sworn duties. These partnerships are proof that collaborations with agencies at all levels of law enforcement work to bring those responsible for the heinous murder of a 15-year-old on our City streets to justice.”
As alleged in the Indictment unsealed today in White Plains federal court[1]:
DWIGHT REID, a/k/a “Dick Wolf,” CHRISTOPHER ERSKINE, a/k/a “Beagle,” WALTER LUSTER, a/k/a “Shells,” DESHAWN THOMAS, a/k/a “Don,” NAYA AUSTIN, a/k/a “Baby,” BRANDON NIEVES, a/k/a “Untouchable Dot,” AHMED WALKER, a/k/a “Ammo,” CASWELL SENIOR, a/k/a “Casanova,” BRANDON SOTO, a/k/a “Stacks,” DEZON WASHINGTON, a/k/a “Blakk,” ROBERT WOODS, a/k/a “Blakk Rob,” STEPHEN HUGH, a/k/a “Chino,” JORDAN INGRAM, a/k/a “Flow,” SHANAY OUTLAW, a/k/a “Easy,” ISAIAH SANTOS, a/k/a “Zay,” ROBERTA SLIGH, a/k/a “Trouble,” and BRINAE THORNTON, a/k/a “Luxury,” are members of a racketeering conspiracy known as Gorilla Stone.
On September 21, 2020, BRANDON SOTO, to further the Gorilla Stone enterprise, participated in and facilitated the murder of a minor victim, and aided and abetted the same, in Poughkeepsie, New York.
On July 20, 2020, STEPHEN HUGH shot at rival gang members in New Rochelle. HUGH shot at rival gang members to maintain and increase his position in the Gorilla Stone racketeering enterprise operating in the Southern District of New York.
On June 12, 2020, NAYA AUSTIN, DEZON WASHINGTON, and JORDAN INGRAM committed a gunpoint robbery of a rival drug dealer in Peekskill, New York. AUSTIN, WASHINGTON, and INGRAM committed the robbery in order to maintain or increase their position in the Gorilla Stone racketeering enterprise operating in the Southern District of New York.
On August 28, 2018, BRINAE THORNTON shot at a rival gang member in Brooklyn, New York, and aided and abetted the same. THORNTON shot at the rival gang member to maintain and increase her position in the Gorilla Stone racketeering enterprise operating in the Southern District of New York.
On January 12, 2018, ROBERT WOODS maimed and assaulted an individual with a dangerous weapon, and aided and abetted the same, by slashing the individual in the face. WOODS slashed the individual in part to maintain and increase his position in the Gorilla Stone racketeering enterprise operating in the Southern District of New York.
In August 2020, NAYA AUSTIN and SHANAY OUTLAW, without lawful authority, knowingly used the identification of others to file fraudulent applications for COVID-19-related unemployment benefits, and aided and abetted the same.
* * *
Seventeen of the 18 defendants are in custody.
Charts containing the names, charges, and maximum penalties for the defendants are set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Ms. Strauss praised the outstanding investigative work of the FBI’s Westchester County Safe Streets Task Force – which comprises agents and detectives from the FBI, Yonkers Police Department, Westchester County District Attorney’s Office, WCDPS, PPD, Putnam County Sheriff, Mount Vernon Police Department, NYPD, Greenburgh Police Department, New Rochelle Police Department, Ramapo Police Department, and U.S. Probation – as well as the outstanding investigative work of the CPPD and DOCCS, Office of Special Investigations. Ms. Strauss also thanked the FBI’s Hudson Valley Safe Streets Task Force, the FBI’s Newark, Albany, and Tampa Divisions, the New York City Department of Correction, Correction Intelligence Bureau, and the New York State Department of Labor for their assistance in the investigation.
This case is being handled by the Office’s White Plains Division and Violent and Organized Crime Unit. Assistant United States Attorneys Shiva H. Logarajah, Jacob Warren, and David R. Felton are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
COUNT
DEFENDANT(S)
MAX. TERM OF IMPRISONMENT
Count One: Conspiracy to Commit Racketeering (18 U.S.C. § 1962(d))
DWIGHT REID
CHRISTOPHER ERSKINE
WALTER LUSTER
DESHAWN THOMAS
NAYA AUSTIN
BRANDON NIEVES
AHMED WALKER
CASWELL SENIOR
BRANDON SOTO
DEZON WASHINGTON
ROBERT WOODS
STEPHEN HUGH
JORDAN INGRAM
SHANAY OUTLAW
ISAIAH SANTOS
ROBERTA SLIGH
BRINAE THORNTON
Life in prison as to all defendants except OUTLAW, for whom the maximum term is 20 years in prison
Count Two: Travel Act Murder
(18 U.S.C. §§ 1952 and 2)
BRANDON SOTO
Life in prison
Count Three: Attempted Murder and Attempted Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(5), (a)(6), and 2)
STEPHEN HUGH
10 years in prison
Count Four: Possession and Discharge of a Firearm in Furtherance of a Crime of Violence (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii) and 2)
STEPHEN HUGH
Life in prison; Mandatory minimum of 10 years in prison to run consecutively to any other sentence imposed
Count Five: Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3) and 2)
NAYA AUSTIN
DEZON WASHINGTON
JORDAN INGRAM
20 years in prison
Count Six: Possession and Brandish of a Firearm in Furtherance of a Crime of Violence (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), and 2)
NAYA AUSTIN
DEZON WASHINGTON
JORDAN INGRAM
Life in prison; Mandatory minimum of 7 years in prison to run consecutively to any other sentence imposed
Count Seven: Attempted Murder and Attempted Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(5), (a)(6), and 2)
BRINAE THORNTON
10 years in prison
Count Eight: Possession and Discharge of a Firearm in Furtherance of a Crime of Violence (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii) and 2)
BRINAE THORNTON
Life in prison; Mandatory minimum of 10 years in prison to run consecutively to any other sentence imposed
Count Nine: Maiming and Assault in Aid of Racketeering (18 U.S.C. §§ 1959(a)(2), (a)(3), and 2)
ROBERT WOODS
30 years in prison
Count Ten: Possession with Intent to Distribute Crack Cocaine (21 U.S.C. §§ 841(a)(1), (b)(1)(B) and 18 U.S.C. § 2)
NAYA AUSTIN
40 years in prison; Mandatory minimum of 5 years in prison
Count Eleven: Possession with Intent to Distribute Crack Cocaine (21 U.S.C. §§ 841(a)(1), (b)(1)(B) and 18 U.S.C. § 2)
CHRISTOPHER ERSKINE
NAYA AUSTIN
JORDAN INGRAM
40 years in prison; Mandatory minimum of 5 years in prison
Count Twelve: Possession with Intent to Distribute Crack Cocaine (21 U.S.C. §§ 841(a)(1), (b)(1)(B) and 18 U.S.C. § 2)
BRANDON SOTO
40 years in prison; Mandatory minimum of 5 years in prison
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Matthew Podolsky, the Acting United States Attorney for the Southern District of New York; Pamela Bondi, the Attorney General of the United States; Kristi Noem, the Secretary of the Department of Homeland Security (“DHS”); Todd M. Lyons, the Acting Director of U.S. Immigration and Customs Enforcement ("ICE"); and Jessica S. Tisch, the Commissioner of the New York City Police Department (“NYPD”), announced today two Superseding Indictments charging 27 individuals currently or formerly associated with the designated foreign terrorist organization Tren de Aragua (“TdA”) with racketeering conspiracy, sex trafficking conspiracy, drug trafficking conspiracy, robbery, and firearms offenses. The first Superseding Indictment (the “TdA Indictment”) charges six alleged members of TdA. The second Superseding Indictment (the “Anti-Tren Indictment”) charges 19 alleged members of “Anti-Tren,” a splinter faction comprised of former TdA members, along with two additional associates of Anti-Tren. Of the 27 defendants, 21 are in federal custody, including 16 who were already in federal criminal, immigration, or state custody and five who were arrested last night and today in operations in New York and other jurisdictions.Acting U.S. Attorney Matthew Podolsky said: “Today, we have filed charges against 27 alleged members, former members, and associates of Tren de Aragua, for committing murders and shootings, forcing young women trafficked from Venezuela into commercial sex work, robbing and extorting small businesses, and selling ‘tusi,’ a pink powdery drug that has become their calling card. Today’s Indictments make clear that this Office will work tirelessly to keep the law-abiding residents of New York City safe, and hold accountable those who bring violence to our streets.”Attorney General Pam Bondi said: “As alleged, Tren de Aragua is not just a street gang – it is a highly structured terrorist organization that has destroyed American families with brutal violence, engaged in human trafficking, and spread deadly drugs through our communities. Today’s indictments and arrests span three states and will devastate TdA’s infrastructure as we work to completely dismantle and purge this organization from our country.” ICE Acting Director Todd M. Lyons said: “We are at the forefront of efforts to identify, disrupt and dismantle transnational criminal gangs like Tren de Aragua from operating in our cities and around the world. I commend the members of our New York-based Homeland Security Investigations Violent Gang Task Force; without their efforts these indictments wouldn’t be possible. Together with our partners, ICE HSI is committed to addressing the threats posed by illicit narcotics, weapons and human smuggling networks, and ensuring these violent criminals are prosecuted to the maximum extent of the law.”NYPD Commissioner Jessica S. Tisch said: “Tren de Aragua is one of the most dangerous gangs in the country, and the NYPD has taken significant action to shut down their operations in New York City. For the first time ever, TdA is being named and charged as the criminal enterprise that it is. This isn’t just street crime—it’s organized racketeering, and this gang has shown zero regard for the safety of New Yorkers. As alleged in the indictment, these defendants wreaked havoc in our communities, trafficking women for sexual exploitation, flooding our streets with drugs, and committing violent crimes with illegal guns. Thanks to the dedicated members of the NYPD and the important work of our federal partners, their time is up.”According to the allegations contained in the Indictments:[1]The TdA IndictmentTdA is a criminal organization that operated throughout New York City, including the boroughs of the Bronx and Queens, as well as internationally in Venezuela, Peru, and elsewhere. The purposes of TdA included:Preserving and protecting the power and territory of TdA and its members and associates through acts involving murder, assault, robbery, other acts of violence, and threats of violence, including acts of violence and threats of violence directed at former members and associates of TdA who associated with a splinter organization known as Anti-Tren.Enriching the members and associates of TdA through, among other things:The unlawful smuggling of individuals, including young women from Venezuela, into Peru and the U.S.;The sex trafficking of young women (whom members and associates of TdA often refer to as “multadas”) who had been unlawfully smuggled into Peru and the U.S.;The trafficking of controlled substances, including a mixed substance called “tusi” that contains ketamine; andArmed robberies.Keeping victims and potential victims in fear of TdA and its members and associates through threats and acts of violence.Promoting and enhancing TdA and the reputation and activities of its members and associates.Providing assistance to members and associates of TdA who committed crimes for and on behalf of TdA, such as lodging and interstate transportation for members and associates of TdA to flee prosecution.Protecting TdA and its members and associates from detection and prosecution by law enforcement authorities through acts of intimidation, threats, and violence against potential witnesses to crimes committed by members of TdA.Members and associates of TdA transported “multadas” from Venezuela into Peru and the U.S. in exchange for debts that the “multadas” would pay back to TdA by engaging in commercial sex work. Members of TdA enforced compliance among “multadas” by, among other things: Threatening to kill “multadas” and their families,Assaulting “multadas,”Shooting or killing “multadas,” andTracking down and kidnapping “multadas” who tried to flee.Members of TdA also committed and conspired, attempted, and threatened to commit, acts of violence, including acts involving murder and assault, to protect and expand TdA’s criminal operations; resolve disputes within TdA; to retaliate against rival organizations, including Anti-Tren; and to maintain control over sex trafficking victims. TdA members and associates also trafficked controlled substances, committed robberies, and obtained, possessed, trafficked, and used firearms and ammunition.The TdA Indictment charges JARWIN VALERO-CALDERON, a/k/a “La Fama”; SAMUEL GONZALEZ CASTRO, a/k/a “Klei,” a/k/a “Kley”; EFERSON MORILLO-GOMEZ, a/k/a “Jefferson,” a/k/a “Efe Trebol”; BRAYAN OLIVEROS-CHERO; SANDRO OLIVEROS-CHERO; and ARMANDO JOSE PEREZ GONZALEZ, a/k/a “Biblia” (the “TdA Defendants”) with conspiring to participate in the TdA racketeering enterprise. Various of the TdA Defendants are also charged with participating in offenses relating to drug trafficking, carjacking, robbery, and extortion, as well as firearms offenses. This case is assigned U.S. District Judge Denise L. Cote.The Anti-Tren IndictmentAnti-Tren is a criminal organization almost exclusively comprised of former members and associates of TdA. Anti-Tren operated throughout New York City, including the boroughs of the Bronx and Queens, and in New Jersey, and elsewhere. Like TdA, the purposes of Anti-Tren included:Preserving and protecting the power and territory of Anti-Tren and its members and associates through acts involving murder, assault, other acts of violence, and threats of violence, including acts of violence and threats of violence directed at members and associates of TdA.Enriching the members and associates of Anti-Tren through, among other things:The unlawful smuggling of individuals, including women and girls from Venezuela, into the U.S.;The sex trafficking of “multadas” who had been unlawfully smuggled into the U.S.;The trafficking of controlled substances, including “tusi”; andArmed robberies.Keeping victims and potential victims in fear of Anti-Tren and its members and associates through threats and acts of violence.Promoting and enhancing Anti-Tren and the reputation and activities of its members and associates.Providing assistance to members and associates of Anti-Tren who committed crimes for and on behalf of Anti-Tren, such as lodging and interstate transportation for members and associates of Anti-Tren to flee prosecution, or bail money for members or associates of Anti-Tren who are detained.Protecting Anti-Tren and its members and associates from detection and prosecution by law enforcement authorities through acts of intimidation, threats, and violence against potential witnesses to crimes committed by members of Anti-Tren.Like TdA, Anti-Tren engaged in human smuggling and sex trafficking of “multadas,” into the U.S. in exchange for debts that the “multadas” would pay back by engaging in commercial sex work. And like TdA, members of Anti-Tren enforced compliance among “multadas” by, among other things:Threatening to kill “multadas” and their families,Assaulting “multadas,”Shooting or killing “multadas,” andTracking down and kidnapping “multadas” who tried to flee.Members of Anti-Tren also committed and conspired, attempted, and threatened to commit, acts of violence, including acts involving murder and assault, to protect and to expand Anti-Tren’s criminal operations, resolve disputes within Anti-Tren, to retaliate against rival organizations, including Tren de Aragua, and to maintain control over sex trafficking victims. Anti-Tren members and associates also trafficked controlled substances, committed robberies, and obtained, possessed, trafficked, and used firearms and ammunition.The Anti-Tren Indictment charges REINALDO RAFAEL GONZALES-VALDEZ, a/k/a “Mariguana,” a/k/a “Marijuana”; JOSE MANUEL GUERRERO-ZARATE, a/k/a “Mantequilla”; JOSE DAVID VALENCIA-DE LA ROSA; JOHAN CARLOS MUJICA-URPIN, a/k/a “Sobrino”; LUIS JOSE VELASQUEZ-HURTADO, a/k/a “Chito”; STEFANO SAID PACHON-ROMERO; GUILLERMO FREITES VELAZQUEZ; JESUS DAVID BARRIOS GARCIA, a/k/a “Morocho”; GIOVANNY VALENTIN BLANCO LUCIANO, a/k/a “Cachorrito”; ANDERSON JESUS DURAN BERROTERAN, a/k/a “Cachorro”; ROIMAN NOE BELLO FERRER; LUIS MIGUEL RODRIGUEZ-TAPIA; MARIO ANDRES PEREDA, a/k/a “Cara de Hombre”; ANDERSON SMITH ZAMBRANO-PACHECO; YEFERSON ALEJANDRO PRIETO GALVIZ, a/k/a “Flaco T,” a/k/a “Flacote”; JHONKENNEDY BRAVO-CASTRO, a/k/a “Negrito”; YENDER MAYKIER MATA; KELLEN ALEJANDRO JASPE BUSTAMANTE; and LUIS ANDRES BELLO-CHACON, a/k/a “Care de Peo” (the “Anti-Tren Defendants”) with conspiring to participate in an Anti-Tren racketeering enterprise. Various of the Anti-Tren Defendants, along with co-defendants WILFREDO JOSE AVENDAÑO CARRIZALEZ and CARLOS GABRIEL SANTOS MOGOLLON, are also charged with participating in offenses relating to sex trafficking, conspiracy to import and harbor aliens, drug trafficking, obstruction of justice, and firearms offenses. This case is assigned U.S. District Judge Mary Kay Vyskocil.* * *A chart containing the names, ages, charges, and maximum penalties for the defendants is set forth below.The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.Mr. Podolsky praised the outstanding investigative work of Homeland Security Investigations (“HSI”) and NYPD. He also thanked the Arapahoe County District Attorney’s Office in Colorado; the Aurora Police Department in Aurora, Colorado; the New York/New Jersey Regional Fugitive Task Force of the U.S. Marshals Service (“USMS”); the Homeland Security Investigations National Gang Unit and New York Human Intelligence Division; U.S. Immigration and Customs Enforcement’s New York Enforcement and Removal Operations; the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”); and the New York City Crime Analysis Center at the New York/New Jersey High Intensity Drug Trafficking Area.This case received significant support from Joint Task Force Vulcan (“JTFV”), which was created in 2019 to eradicate MS-13 and now expanded to target Tren de Aragua, and is comprised of U.S. Attorney’s Offices across the country, including the Southern District of New York; the Eastern District of New York; the District of New Jersey; the Northern District of Ohio; the District of Utah; the District of Massachusetts; the Eastern District of Texas; the Southern District of Florida; the Eastern District of Virginia; the Southern District of California; the District of Nevada; the District of Alaska; the Southern District of Texas; and the District of Columbia, as well as the Department of Justice’s National Security Division and the Criminal Division. Additionally, the FBI; DEA; HSI; ATF; USMS; and the Federal Bureau of Prisons have been essential law enforcement partners with JTFV.This case is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Justice Department to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime. Operation Take Back America streamlines efforts and resources from the Department’s Organized Crime Drug Enforcement Task Forces (OCDETFs) and Project Safe Neighborhood (PSN). In February 2025, Tren de Aragua was designated a Foreign Terrorist Organization.This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant U.S. Attorneys Jun Xiang, Kathryn Wheelock, and Timothy Ly are in charge of the prosecution.The charges contained in the Indictments are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
u.s._v._valero-calderon_et_al._indictment.pdf
u.s._v._gonzales-valdez_et_al._indictment.pdf
The Tren de Aragua IndictmentCOUNTCHARGEDEFENDANTSMAX. PENALTIES1Racketeeringconspiracy18 U.S.C. § 1962(d)JARWIN VALERO-CALDERON, a/k/a “La Fama,” 29;SAMUEL GONZALEZ CASTRO, a/k/a “Klei,” a/k/a “Kley,” 28;EFERSON MORILLO-GOMEZ, a/k/a “Jefferson,” a/k/a “Efe Trebol,” 20;BRAYAN OLIVEROS-CHERO, 28;SANDRO OLIVEROS-CHERO, 25; andARMANDO JOSE PEREZ GONZALEZ, a/k/a “Biblia,” 30Life in prison2Drug trafficking conspiracy21 U.S.C. § 846JARWIN VALERO-CALDERON, a/k/a “La Fama,”BRAYAN OLIVEROS-CHERO,SANDRO OLIVEROS-CHERO, andARMANDO JOSE PEREZ GONZALEZ, a/k/a “Biblia”20 years in prison3Carjacking conspiracy18 U.S.C. § 371JARWIN VALERO-CALDERON, a/k/a “La Fama,”SAMUEL GONZALEZ CASTRO, a/k/a “Klei,” a/k/a “Kley,” andEFERSON MORILLO-GOMEZ, a/k/a “Jefferson,” a/k/a “Efe Trebol”5 years in prison4Carjacking18 U.S.C. § 2119JARWIN VALERO-CALDERON, a/k/a “La Fama,”SAMUEL GONZALEZ CASTRO, a/k/a “Klei,” a/k/a “Kley,” andEFERSON MORILLO-GOMEZ, a/k/a “Jefferson,” a/k/a “Efe Trebol”15 years in prison5Hobbs Act robbery18 U.S.C. §§ 1951 and 2JARWIN VALERO-CALDERON, a/k/a “La Fama,”SAMUEL GONZALEZ CASTRO, a/k/a “Klei,” a/k/a “Kley,” andEFERSON MORILLO-GOMEZ, a/k/a “Jefferson,” a/k/a “Efe Trebol”20 years in prison6Firearm use, carrying, and possession18 U.S.C. §§ 924(c)(1)(A)(i) and (ii), and 2JARWIN VALERO-CALDERON, a/k/a “La Fama,”SAMUEL GONZALEZ CASTRO, a/k/a “Klei,” a/k/a “Kley,” andEFERSON MORILLO-GOMEZ, a/k/a “Jefferson,” a/k/a “Efe Trebol”Life in prisonMandatory minimum sentence of 7 years in prison7Attempted Hobbs Act extortion18 U.S.C. §§ 1951 and 2JARWIN VALERO-CALDERON, a/k/a “La Fama,”SAMUEL GONZALEZ CASTRO, a/k/a “Klei,” a/k/a “Kley,” andEFERSON MORILLO-GOMEZ, a/k/a “Jefferson,” a/k/a “Efe Trebol”20 years in prison8Firearm use, carrying, and possession – conspiracy18 U.S.C. § 924(o)JARWIN VALERO-CALDERON, a/k/a “La Fama,”SAMUEL GONZALEZ CASTRO, a/k/a “Klei,” a/k/a “Kley,” andEFERSON MORILLO-GOMEZ, a/k/a “Jefferson,” a/k/a “Efe Trebol”20 years in prison9Firearm use, carrying, and possession – conspiracy18 U.S.C. § 924(o)BRAYAN OLIVEROS-CHERO, andSANDRO OLIVEROS-CHERO20 years in prison10Firearm use, carrying, and possession18 U.S.C. § 924(c)(1)(A)(i) and 2BRAYAN OLIVEROS-CHERO, andSANDRO OLIVEROS-CHERO20 years in prison11Possession of ammunition by an illegal alien18 U.S.C. §§ 922(g)(5) and 2BRAYAN OLIVEROS-CHERO15 years in prison12Possession of a firearm and ammunition by an illegal alien18 U.S.C. §§ 922(g)(5) and 2SANDRO OLIVEROS-CHERO15 years in prison13Firearm use, carrying, and possession18 U.S.C. §§ 924(c)(1)(A)(i) and 2ARMANDO JOSE PEREZ GONZALEZ, a/k/a “Biblia,”Life in prisonMandatory minimum sentence of 5 years in prison14Possession of a firearm and ammunition by an illegal alien18 U.S.C. §§ 922(g)(5) and 2ARMANDO JOSE PEREZ GONZALEZ, a/k/a “Biblia,”15 years in prisonThe Anti-Tren IndictmentCOUNTCHARGEDEFENDANTSMAX. PENALTIES1Racketeeringconspiracy18 U.S.C. § 1962(d)REINALDO RAFAEL GONZALES-VALDEZ, a/k/a “Mariguana,” a/k/a “Marijuana,” 41;JOSE MANUEL GUERRERO-ZARATE, a/k/a “Mantequilla,” 29;JOSE DAVID VALENCIA-DE LA ROSA, 27;JOHAN CARLOS MUJICA-URPIN, a/k/a “Sobrino,” 27;LUIS JOSE VELASQUEZ-HURTADO, a/k/a “Chito,” 30;STEFANO SAID PACHON-ROMERO, 21;GUILLERMO ENRIQUE FREITES-VELAZQUEZ, 26;JESUS DAVID BARRIOS GARCIA, a/k/a “Morocho,” 27;GIOVANNY VALENTIN BLANCO LUCIANO, a/k/a “Cachorrito,” 20;ANDERSON JESUS DURAN BERROTERAN, a/k/a “Cachorro,” 22;ROIMAN NOE BELLO FERRER, 37;LUIS MIGUEL RODRIGUEZ-TAPIA, 25;MARIO ANDRES PEREDA, a/k/a “Cara de Hombre,” 44;ANDERSON SMITH ZAMBRANO-PACHECO, 26;YEFERSON ALEJANDRO PRIETO GALVIZ, a/k/a “Flaco T,” a/k/a “Flacote,” 24;JHONKENNEDY BRAVO-CASTRO, a/k/a “Negrito,” 27;YENDER MAYKIER MATA, 36;KELLEN ALEJANDRO JASPE BUSTAMANTE, 20; andLUIS ANDRES BELLO-CHACON, a/k/a “Care de Peo,” 31Life in prison2Sex trafficking conspiracy18 U.S.C. § 1594(c)REINALDO RAFAEL GONZALES-VALDEZ, a/k/a “Mariguana,” a/k/a “Marijuana,”JOSE MANUEL GUERRERO-ZARATE, a/k/a “Mantequilla,” JOSE DAVID VALENCIA-DE LA ROSA,JOHAN CARLOS MUJICA-URPIN, a/k/a “Sobrino,”LUIS JOSE VELASQUEZ-HURTADO, a/k/a “Chito,”STEFANO SAID PACHON-ROMERO, GUILLERMO FREITES VELAZQUEZ,JESUS DAVID BARRIOS GARCIA, a/k/a “Morocho,”ANDERSON JESUS DURAN BERROTERAN, a/k/a “Cachorro,”LUIS MIGUEL RODRIGUEZ-TAPIA,MARIO ANDRES PEREDA, a/k/a “Cara de Hombre,”ANDERSON SMITH ZAMBRANO-PACHECO, andJHONKENNEDY BRAVO-CASTRO, a/k/a “Negrito”Life in prison3Alien importation and harboring for immoral purpose – conspiracy18 U.S.C. § 371REINALDO RAFAEL GONZALES-VALDEZ, a/k/a “Mariguana,” a/k/a “Marijuana,”JOSE MANUEL GUERRERO-ZARATE, a/k/a “Mantequilla,” JOSE DAVID VALENCIA-DE LA ROSA,JOHAN CARLOS MUJICA-URPIN, a/k/a “Sobrino,”LUIS JOSE VELASQUEZ-HURTADO, a/k/a “Chito,”STEFANO SAID PACHON-ROMERO, GUILLERMO FREITES VELAZQUEZ,JESUS DAVID BARRIOS GARCIA, a/k/a “Morocho,”ANDERSON JESUS DURAN BERROTERAN, a/k/a “Cachorro,”LUIS MIGUEL RODRIGUEZ-TAPIA,MARIO ANDRES PEREDA, a/k/a “Cara de Hombre,”ANDERSON SMITH ZAMBRANO-PACHECO, andJHONKENNEDY BRAVO-CASTRO, a/k/a “Negrito”5 years in prison4Drug trafficking conspiracy21 U.S.C. § 846REINALDO RAFAEL GONZALES-VALDEZ, a/k/a “Mariguana,” a/k/a “Marijuana,”JOSE MANUEL GUERRERO-ZARATE, a/k/a “Mantequilla,” JOHAN CARLOS MUJICA-URPIN, a/k/a “Sobrino,”GUILLERMO FREITES VELAZQUEZ,JESUS DAVID BARRIOS GARCIA, a/k/a “Morocho,”GIOVANNY VALENTIN BLANCO LUCIANO, a/k/a “Cachorrito,” ANDERSON SMITH ZAMBRANO-PACHECO,YEFERSON ALEJANDRO PRIETO GALVIZ, a/k/a “Flaco T,” a/k/a “Flacote,”YENDER MAYKIER MATA,KELLEN ALEJANDRO JASPE BUSTAMANTE, andLUIS ANDRES BELLO-CHACON, a/k/a “Care de Peo”20 years in prison5Firearm use, carrying, and possession18 U.S.C. §§ 924(c)(1)(A)(i) and 2REINALDO RAFAEL GONZALES-VALDEZ, a/k/a “Mariguana,” a/k/a “Marijuana,”JOSE MANUEL GUERRERO-ZARATE, a/k/a “Mantequilla,” JOHAN CARLOS MUJICA-URPIN, a/k/a “Sobrino,”GUILLERMO FREITES VELAZQUEZ,JESUS DAVID BARRIOS GARCIA, a/k/a “Morocho,”GIOVANNY VALENTIN BLANCO LUCIANO, a/k/a “Cachorrito,” ANDERSON SMITH ZAMBRANO-PACHECO,YEFERSON ALEJANDRO PRIETO GALVIZ, a/k/a “Flaco T,” a/k/a “Flacote,”YENDER MAYKIER MATA,KELLEN ALEJANDRO JASPE BUSTAMANTE, andLUIS ANDRES BELLO-CHACON, a/k/a “Care de Peo”Life in prisonMandatory minimum sentence of 5 years in prison6Obstruction of justice18 U.S.C. §§ 1512(c) and 2LUIS JOSE VELASQUEZ-HURTADO, a/k/a “Chito,”20 years in prison7Unlicensed dealing of firearms18 U.S.C. §§ 922(a)(1)(A) and 2STEFANO PACHON-ROMERO5 years in prison8Possession of a firearm and ammunition by a fugitive from justice and illegal alien18 U.S.C. §§ 922(g)(2) and (5), and 2ANDERSON SMITH ZAMBRANO-PACHECO15 years in prison9Possession of a firearm and ammunition by an illegal alien18 U.S.C. §§ 922(g)(5) and 2JHONKENNEDY BRAVO-CASTRO, a/k/a “Negrito,”15 years in prison10Possession of a firearm and ammunition by an illegal alien18 U.S.C. §§ 922(g)(5) and 2WILFREDO JOSE AVENDAÑO CARRIZALEZ, 26; andCARLOS GABRIEL SANTOS MOGOLLON, 3115 years in prison[1] The charges contained in the Indictments are merely accusations and the defendants are presumed innocent unless and until proven guilty.
Up for auction, a rare 2011 Ferrari 599 SA Aperta that is one of only 80 such cars that have ever been made.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that four exotic sport and track cars seized from convicted payday lender SCOTT TUCKER will be auctioned off on February 5, 2020. The cars were seized from and forfeited by TUCKER in connection with his convictions for operating a $3.5 billion unlawful internet payday lending enterprise that systematically evaded state laws for over 15 years in order to charge illegal interest rates as high as 1000% on loans. Tucker and his convicted co-defendant, TIMOTHY MUIR, an attorney, lied to millions of customers regarding the true cost of their loans to defraud them out of hundreds, and in some cases, thousands of dollars each. Further, as part of their multi-year effort to evade law enforcement, the defendants formed sham relationships with Native American tribes and laundered the billions of dollars they took from their customers through nominally tribal bank accounts to hide TUCKER’s ownership and control of the business. TUCKER’s fraudulent loans were issued to more than 4.5 million people in all fifty states, including more than 250,000 people in New York, many of whom were struggling to pay basic living expenses.
U.S. Attorney Geoffrey S. Berman said: “The auction of convicted payday loan fraudster Scott Tucker’s four exotic cars is significant. The Ferrari and Porsche supercars offered for sale are just the most visible and gaudy signs of Tucker’s greed, luxury playthings bought with money stolen from victims who were often living hand to mouth, people who took out payday loans to buy food for their families or pay medical bills. We hope this auction generates proceeds sufficient to at least partially compensate the victims of Tucker’s multibillion-dollar fraud scheme. This Office will continue to aggressively seek compensation for victims of predatory criminals.”
The auction of the cars will feature a rare 2011 Ferrari 599 SA Aperta that is one of only 80 such cars that have ever been made (pictured above), a 700-horsepower 2011 Ferrari 599xx track car, as well as two Porsche Supercars, a 2011 Porsche 911 GT2 RS and a 2005 Porsche Carrera GT.
The live in-person and simulcast auction will take place at the world-class motorsports Circuit of The Americas on February 5, 2020. Auction details, including videos of each car, can be found at https://www.cwsmarketing.com/?p=9739. Proceeds of the sales of the cars will be pooled with monies recovered by the Federal Trade Commission (“FTC”), which successfully brought a related civil action against TUCKER and various entities involved in the illegal payday lending scheme, and distributed to victims by the FTC. Victims seeking restitution are encouraged to visit www.ftc.gov/amg for updated information regarding the FTC’s redress program and to sign up to receive email updates. To date, more than $500 million has been returned to victims of TUCKER’s crimes.
* * *
On October 13, 2017, TUCKER and MUIR were convicted on all fourteen counts against them after a five-week jury trial before U.S. District Judge P. Kevin Castel. On January 5, 2018, TUCKER was sentenced to 200 months in prison, and MUIR was sentenced to 84 months in prison.
Mr. Berman praised the outstanding investigative work of the St. Louis Field Office of the Internal Revenue Service, Criminal Investigation. Mr. Berman also thanked the Criminal Investigators at the United States Attorney’s Office, the Federal Bureau of Investigation, and the FTC for their assistance with the case.
The prosecution is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys Sagar K. Ravi and Hagan Scotten, and are in charge of the prosecution.
Preet Bharara, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and James O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced today the unsealing of an Indictment charging a total of 13 members and associates of the Blood Hound Brims gang (“BHB” or the “Gang”), a subset of the national Bloods street gang, with various racketeering, narcotics, and firearms offenses, including three attempted murders.
Manhattan U.S. Attorney Preet Bharara said: “As alleged, the Blood Hound Brims gang was built for crime, with a leadership structure, subgroups known as ‘pedigrees,’ a system to impose discipline, and dues paid to cover prison guns, drugs, commissary funds, and lawyer fees. The Blood Hound Brims’ brand of havoc that allegedly included drugs, guns, and violence affected several neighborhoods in New York City and Westchester and reached as far as Pennsylvania. Thanks to the work of the FBI and NYPD, today we arrest and put federal charges on thirteen of this violent gang’s alleged members and associates, including its founder and leader.”
FBI Assistant Director-in-Charge William F. Sweeney stated: “The violence that accompanies the drug trade doesn’t just impact the gang members who make the choice to pick up a firearm and aim it at their rivals, or allegedly in this case, at their fellow gang members. Many times innocent people get caught in the crossfire during turf wars. The FBI NY Metro Safe Streets Task Force works day in and day out to track these violent offenders and get them out of the communities they terrorize.”
As alleged in the Indictment unsealed today in Manhattan federal court[1]:
The BHB was a criminal enterprise that operated principally in the greater New York area, from at least 2005 up to and including 2016. The BHB was a faction of the Bloods street gang, which operates nationwide, and is under the New York Blood Brim Army (“NYBBA”). The BHB operated within and around various locations in New York, including New York City, Westchester County, Elmira, and in Pennsylvania, as well as within and outside federal and state penal systems.
The BHB used a hierarchical structure that was organized, in part, by New York City borough, and that was maintained, in part, through the payment of dues. The founder and leader of the Gang was LATIQUE JOHNSON, and other members and associates of the BHB referred to JOHNSON as the “Godfather.” The Gang was divided into several “pedigrees,” each of which had its own leadership structure which was approved by JOHNSON. Leadership positions within the pedigrees included, among others, treasurers who collected dues from members of a particular pedigree, and individuals who performed security and disciplinary functions for the pedigree. In addition to JOHNSON, GREEN, SANCHEZ, MURRAY, MORTON, CHERRY, KAID, GRAYSON, ROSATIO and EVANS all held leadership positions within the Gang at different times.
Members of the BHB had regular meetings, sometimes called “pow wows” or “9-11s,” at which members were required to pay dues. Some of the meetings were among members of a particular pedigree, and other meetings were for all members of the Enterprise. Word of the meetings was disseminated via text message, word-of-mouth, and flyers. The BHB’s business, including rivalries with other gangs, shootings, the arrest of gang members, guns, and drugs, was regularly discussed at these meetings. “Kitty dues” – money that paid for commissary funds, lawyers, guns, and drugs, and that served as tribute to JOHNSON – were collected at these meetings. The BHB maintained its own rules and constitution that new members were required to learn. Members of the BHB also used code words and secret phrases to communicate with each other both while in prison and on the street in order to avoid detection by law enforcement.
One of the BHB’s principal objectives was to sell cocaine base, commonly known as “crack cocaine,” powder cocaine, and heroin, which members and associates of the BHB sold throughout the greater New York area and in Pennsylvania.
Members and associates of the BHB engaged in multiple acts of violence against rival gangs. These acts of violence included assaults and attempted murders, and were committed to protect the Gang’s drug territory, to retaliate against members of rival gangs who had encroached on the territory controlled by the BHB, and to otherwise promote the standing and reputation of the Gang vis-à-vis rival gangs. These acts of violence also included assaults and attempted murders against members and associates of the BHB itself, as part of internal power struggles within the Gang.
For example, on or about April 3, 2009 in Greenburgh, New York, CHERRY and MORTON attempted to murder KAID during a power struggle within the BHB, during which MORTON shot and injured KAID, who survived the shooting. Then, on or about January 28, 2012 in the Bronx, New York, JOHNSON and MURRAY attempted to murder two members of a rival gang when JOHNSON fired into a fried chicken restaurant, injuring two individuals who survived the shooting. The violence continued, and on or about September 26, 2012 in the Bronx, New York, JOHNSON, KAID and CANNON attempted to kill two other members of a rival gang at whom KAID fired gunshots.
Count One of the Indictment charges LATIQUE JOHNSON, BRANDON GREEN, INES SANCHEZ, DONNELL MURRAY, THOMAS MORTON, DAVID CHERRY, SAEED KAID, ERIC GRAYSON, MARQUES CANNON, MANUEL ROSARIO, MICHAEL EVANS, and TERRELL PINKNEY with participating in a racketeering conspiracy.
Count Two charges JOHNSON and MURRAY with assault and attempted murder and conspiracy to commit murder in aid of racketeering in connection with the January 28, 2012 shooting at members of a rival gang.
Count Three charges JOHNSON, KAID and CANNON with assault and attempted murder and conspiracy to commit murder in aid of racketeering in connection with the September 26, 2012 shooting at members of a rival gang.
Count Four of the Indictment charges JOHNSON, GREEN, MURRAY, MORTON, CHERRY, KAID, GRAYSON, CANNON, ROSARIO, EVANS, and PATRICK DALY with participating in a narcotics conspiracy to distribute crack cocaine, powder cocaine and heroin.
Count Five of the Indictment charges GREEN, MURRAY, MORTON, CHERRY, KAID, GRAYSON, CANNON, ROSARIO, EVANS and PINKNEY, with firearms offenses in connection with the racketeering and narcotics conspiracies charged in Counts One and Four, respectively.
Counts Six and Seven of the Indictment charge JOHNSON with firearms offenses in connection with the racketeering and narcotics conspiracies charged in Counts One and Four, respectively, and with use of a firearm in connection with assault and attempted murder in aid of racketeering in connection with Count Two.
* * *
Nine of the 13 defendants, INES SANCHEZ, THOMAS MORTON, DAVID CHERRY, ERIC GRAYSON, MANUEL ROSARIO, MICHAEL EVANS, and TERRELL PINKNEY were taken into federal custody yesterday or this morning and will be presented before United States Magistrate Judge Henry Pittman later today. MARQUES CANNON was arrested in the Northern District of New York and was presented before a magistrate judge. PATRICK DALY was arrested in the Western District of New York and was presented before a magistrate judge. SAID KAID is currently incarcerated in state custody on other charges, and will be presented at a later date. LATIQUE JOHNSON is already in federal custody on prior charges and will be presented on the new charges at a later date. BRANDON GREEN and DONNELL MURRAY remain fugitives. The case of United States v. Latique Johnson, et al, S1 16 Cr. 281 (PGG) has been assigned to U.S. District Judge Paul G. Gardephe.
Charts containing the names, ages, residences, charges, and maximum penalties for the defendants are set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Bharara thanked the FBI and the NYPD, as well as the Criminal Investigators at the United States Attorney’s Office, for their work on the investigation.
This case is being prosecuted by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Abigail S. Kurland, Jared Lenow and Max Nicholas are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
17-003 ###
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Racketeering conspiracy
18 U.S.C. § 1962(d)
LATIQUE JOHNSON
BRANDON GREEN
INES SANCHEZ
DONNELL MURRAY
THOMAS MORTON
DAVID CHERRY
SAEED KAID
ERIC GRAYSON
MARQUES CANNON
MANUEL ROSARIO
MICHAEL EVANS
TERRELL PINKNEY
20 years in prison
2
Assault and attempted murder and Conspiracy to commit murder in aid of racketeering activity
18 U.S.C. §§ 1959 & 2
LATIQUE JOHNSON
DONNELL MURRAY
10 years in prison
3
Assault and attempted murder and Conspiracy to commit murder in aid of racketeering activity
18 U.S.C. §§ 1959 & 2
LATIQUE JOHNSON
SAEED KAID
MARQUES CANNON
10 years in prison
4
Narcotics conspiracy
21 U.S.C. § 846
LATIQUE JOHNSON
BRANDON GREEN
DONNELL MURRAY
THOMAS MORTON
DAVID CHERRY
SAEED KAID
ERIC GRAYSON
MARQUES CANNON
MANUEL ROSARIO
MICHAEL EVANS
PATRICK DALY
Life in prison
Mandatory minimum of 10 years in prison
5
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence or drug trafficking crime
18 U.S.C. § 924(c)
BRANDON GREEN
DONNELL MURRAY
THOMAS MORTON
DAVID CHERRY
SAEED KAID
ERIC GRAYSON
MARQUES CANNON
MANUEL ROSARIO
MICHAEL EVANS
TERRELL PINKNEY
Life in prison
Mandatory minimum of 10 years in prison
6
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence or drug trafficking crime
18 U.S.C. § 924(c)
LATIQUE JOHNSON
Life in prison
Mandatory minimum of 10 years in prison
7
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence
18 U.S.C. § 924(c)
LATIQUE JOHNSON
Life in prison
Mandatory minimum of 10 years in prison
DEFENDANT
AGE
RESIDENCE
LATIQUE JOHNSON
a/k/a “La Brim”
a/k/a “Straight 2 Business”
a/k/a “Breezy”
a/k/a “Boss Dog”
36
In Custody
BRANDON GREEN
a/k/a “Light”
a/k/a “Moneywell”
33
Bronx, NY
INES SANCHEZ
a/k/a “Meth”
36
Bronx, NY
DONNELL MURRAY
a/k/a “Don P”
37
Bronx, NY
THOMAS MORTON
a/k/a “10 Stacks”
40
Elmhurst, NY
DAVID CHERRY
a/k/a “Showtime”
35
Queens, NY
SAEED KAID
a/k/a “O-Dog”
36
In Custody
ERIC GRAYSON
a/k/a “Gistol”
33
Bronx, NY
MARQUES CANNON
a/k/a “Paper Boy”
31
Syracuse, NY
MANUEL ROSARIO
a/k/a “Top Dolla”
37
New York, New York
MICHAEL EVANS
a/k/a “Puff”
36
Bronx, New York
TERRELL PINKNEY
a/k/a “BX”
37
Bronx, New York
PATRICK DALY
54
Middleport, New York
[1] As the introductory phrase signifies, the entirety of the text of the Indictments, and the description of the Indictments set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Division of the Federal Bureau of Investigation (“FBI”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing today of an Indictment charging 22 members of a crew operating in and around the Thomas Jefferson Houses in Manhattan with narcotics conspiracy and firearms offenses.
A total of 14 defendants were taken into custody today; two other defendants were already in federal custody. Sixteen of the 22 defendants will be presented and arraigned before U.S. Magistrate Judge Henry B. Pitman later today. The case is assigned to U.S. District Judge Andrew L. Carter.
U.S. Attorney Geoffrey S. Berman said: “In this Office’s continuing effort to improve the quality of life for the law-abiding and rent-paying residents of NYCHA housing, today’s indictment charges 22 members with allegedly operating a serious drug distribution network to deal crack cocaine in and around the Jefferson Houses in East Harlem. These drugs destroy lives and cripple communities. In addition, members of the crew allegedly possessed firearms to further their drug operation, bringing the danger of gun violence to the streets of New York. Thanks to the outstanding work of the FBI and NYPD, the defendants will now face justice in federal court.”
FBI Assistant Director-in-Charge William F. Sweeney Jr. said: “As alleged, these drug dealers hold communities hostage by creating an atmosphere of fear, and the wares they’re pushing are now having a deadly impact beyond our city. The FBI Metro Safe Streets Task Force, which made today’s arrests, is committed to deterring street violence and will continue to pursue those that endanger New York City communities.”
As alleged in the Indictment unsealed today in Manhattan federal court and in other court papers[1]:
From 2014 up to June 2018, JOSE HERNANDEZ, a/k/a “Cheerio,” a/k/a “Bheerio,” CHRISTOPHER LAWRENCE, a/k/a “Hood,” a/k/a ”H.O.,” a/k/a “Peanut,” LUIS AVILES, a/k/a “Toby,” GERALDO BUSANET, a/k/a “Bunazie,” SAMMUEL CABAN, a/k/a “Sammy,” JASON DAVENPORT, a/k/a “Jay,” JAMER DAVIS, a/k/a “J-Rock,” JERRELL FULCHER, a/k/a “Relly,” a/k/a “Butta,” RICO GONZALEZ, CLARENCE GRANDY, a/k/a “Butta,” TITO LLANES, a/k/a “Reek,” BENJAMIN LUCRE, a/k/a “Gotti,” DERRICK RICHARDSON, a/k/a “Fazo,” PARIS ROBERTS, a/k/a “Rambo,” ROCKY SANCHEZ, EDWIN SANTANA, a/k/a “E.B.,” a/k/a “Fat,” a/k/a “Defat,” LARRY SMITH, a/k/a “Scrap,” SHAHIEME SMITH, a/k/a “Mills,” a/k/a “Ira,” ISAAC SOLER, a/k/a “Doughboy,” DYLAN WILLIAMS, a/k/a “Rock,” a/k/a “Rockyo,” JAMES WILSON, a/k/a “Gotti,” and ROBERT WRIGHT, a/k/a “Rob Santana,” participated in a conspiracy to distribute 280 grams and more of crack cocaine and in around the Jefferson Houses, a public housing project in East Harlem, New York.
From 2014 up to June 2018, certain members of this Crew, namely JOSE HERNANDEZ, CHRISTOPHER LAWRENCE, BENJAMIN LUCRE, EDWIN SANTANA, LARRY SMITH, ISAAC SOLER, and DYLAN WILIAMS used, carried, and possessed firearms in furtherance of the crack cocaine conspiracy of which they were members.
* * *
Charts containing the names, charges, and maximum penalties for the defendants are set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the FBI and NYPD, and commended the NYPD's Manhattan North Narcotics, Major Case.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Lauren Schorr, Jessica Feinstein, Jacob Warren, and Christopher Clore are in charge of the prosecution.
The charges contained in the Indictments are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics conspiracy
21 U.S.C. §§ 841(b)(1)(A) and 846
JOSE HERNANDEZ, 31
CHRISTOPHER LAWRENCE, 34
LUIS AVILES, 31
GERALDO BUSANET, 31
SAMMUEL CABAN, 28
JASON DAVENPORT, 30
JAMER DAVIS, 23
JERRELL FULCHER, 21
RICO GONZALEZ, 21
CLARENCE GRANDY, 20
TITO LLANES, 22
BENJAMIN LUCRE, 18
DERRICK RICHARDSON, 21
PARIS ROBERTS, 19
ROCKY SANCHEZ, 23
EDWIN SANTANA, 29
LARRY SMITH, 28
ISAAC SOLER, 27
DYLAN WILLIAMS, 20
JAMES WILSON, 29
ROBERT WRIGHT, 23
Life in prison
Mandatory minimum of 10 years in prison
2
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of a drug trafficking crime
18 U.S.C. §§ 924(c ) and 2
JOSE HERNANDEZ
CHRISTOPHER LAWRENCE
BENJAMIN LUCRE
EDWIN SANTANA
LARRY SMITH
ISAAC SOLER
DYLAN WILLIAMS
Life in prison
Mandatory minimum of five years in prison
[1] As the introductory phrase signifies, the entirety of the text of the Indictment constitutes only allegations, and every fact described herein should be treated as an allegation.
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the second highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE2
Format: N2
Description: The four digit AO offense code associated with FTITLE2
Format: A4
Description: The four digit D2 offense code associated with FTITLE2
Format: A4
Description: A code indicating the severity associated with FTITLE2
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the third highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE3
Format: N2
Description: The four digit AO offense code associated with FTITLE3
Format: A4
Description: The four digit D2 offense code associated with FTITLE3
Format: A4
Description: A code indicating the severity associated with FTITLE3
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the fourth highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE4
Format: N2
Description: The four digit AO offense code associated with FTITLE4
Format: A4
Description: The four digit D2 offense code associated with FTITLE4
Format: A4
Description: A code indicating the severity associated with FTITLE4
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: Case type associated with a magistrate case if the current case was merged from a magistrate case
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The docket number originally given to a case assigned to a magistrate judge and subsequently merged into a criminal case
Format: A7
Description: A unique number assigned to each defendant in a magistrate case
Format: A3
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the second highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE2
Format: N2
Description: The four digit AO offense code associated with FTITLE2
Format: A4
Description: The four digit D2 offense code associated with FTITLE2
Format: A4
Description: A code indicating the severity associated with FTITLE2
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the third highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE3
Format: N2
Description: The four digit AO offense code associated with FTITLE3
Format: A4
Description: The four digit D2 offense code associated with FTITLE3
Format: A4
Description: A code indicating the severity associated with FTITLE3
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: Case type associated with a magistrate case if the current case was merged from a magistrate case
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The docket number originally given to a case assigned to a magistrate judge and subsequently merged into a criminal case
Format: A7
Description: A unique number assigned to each defendant in a magistrate case
Format: A3
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The number of days from the earlier of filing date or first appearance date to proceeding date
Format: N3
Description: The number of days from proceeding date to disposition date
Format: N3
Description: The number of days from disposition date to sentencing date
Format: N3
Description: The code of the district office where the case was terminated
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant at the time the case was closed
Format: N2
Description: The title and section of the U.S. Code applicable to the offense that carried the most severe disposition and penalty under which the defendant was disposed
Format: A20
Description: A code indicating the level of offense associated with TTITLE1
Format: N2
Description: The four digit AO offense code associated with TTITLE1
Format: A4
Description: The four digit D2 offense code associated with TTITLE1
Format: A4
Description: A code indicating the severity associated with TTITLE1
Format: A3
Description: The code indicating the nature or type of disposition associated with TTITLE1
Format: N2
Description: The number of months a defendant was sentenced to prison under TTITLE1
Format: N4
Description: A code indicating whether the prison sentence associated with TTITLE1 was concurrent or consecutive in relation to the other counts in the indictment or information or multiple counts of the same charge
Format: A4
Description: The number of months of probation imposed upon a defendant under TTITLE1
Format: N4
Description: A period of supervised release imposed upon a defendant under TTITLE1
Format: N3
Description: The fine imposed upon the defendant at sentencing under TTITLE1
Format: N8
Description: The total prison time for all offenses of which the defendant was convicted and prison time was imposed
Format: N4
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Dermot Shea, the Police Commissioner of the City of New York (“NYPD”), and Peter C. Fitzhugh, the Special Agent in Charge of the New York Office of Homeland Security Investigations (“HSI”), announced the return today of an Indictment charging DERRICK RICHARDSON, a/k/a “J Rocc,” with the September 19, 2015, murder of Nestor Suazo, 25, in the vicinity of East Tremont Avenue and Clinton Avenue in the Bronx, New York.
U.S. Attorney Geoffrey S. Berman said: “Nearly five years ago, Nestor Suazo’s life was senselessly taken. As alleged in the Indictment, Derrick Richardson was one of those responsible for that terrible crime. Now, thanks to the determination of our law enforcement partners at the NYPD and HSI, Richardson faces federal murder charges.”
NYPD Commissioner Dermot Shea said: “The ability of investigators to bring about justice for this young man and provide a sense of closure to his family is paramount. The identification and arrest of the suspect in this case was a joint effort that would not have been possible without the collaboration between the NYPD and our law enforcement partners. I thank the U.S. Attorney and the NYPD Detectives and HSI agents involved in this case.”
HSI Special Agent in Charge Peter C. Fitzhugh said: “Derrick Richardson is charged with the horrible crime of murdering Nestor Suazo in the Bronx in 2015. As alleged in the indictment, Richardson is a member of the Rollin' 30s Crip, a gang that committed and threatened to commit acts of violence in order to promote its interests. HSI stands united with its law enforcement partners to bring closure to the families of those lost to gang violence by finding and arresting the alleged offenders and seeking justice for their criminal acts.”
As alleged in the Indictment returned today[1]:
RICHARDSON was a member of a racketeering enterprise known as the Rollin’ 30s Crips. In order to fund the enterprise, protect and expand its interests, and promote its standing, members and associates of the Rollin’ 30s committed, conspired, attempted, and threatened to commit acts of violence, including murder and robbery; they conspired to distribute and possess with intent to distribute narcotics; and they obtained, possessed, and used firearms, including by brandishing and discharging them.
In connection with his membership in the gang, on or about September 19, 2015, RICHARDSON shot and killed Nestor Suazo in the vicinity of East Tremont Avenue and Clinton Avenue in the Bronx, New York.
* * *
RICHARDSON, 27, of the Bronx, New York, is charged with murder in aid of racketeering, which carries a mandatory minimum sentence of life in prison, and murder through the use of a firearm, which carries a maximum penalty of life in prison and a mandatory minimum sentence of five years in prison.
The maximum potential sentence in this case is prescribed by Congress and is provided here for information purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the NYPD and HSI.
The case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Jessica K. Fender, Anden Chow, and Jacqueline C. Kelly are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
_______________________________________
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations and every fact described should be treated as an allegation.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Division of the Federal Bureau of Investigation (“FBI”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing today of an Indictment charging 22 members of a crew operating in and around the Thomas Jefferson Houses in Manhattan with narcotics conspiracy and firearms offenses.
A total of 14 defendants were taken into custody today; two other defendants were already in federal custody. Sixteen of the 22 defendants will be presented and arraigned before U.S. Magistrate Judge Henry B. Pitman later today. The case is assigned to U.S. District Judge Andrew L. Carter.
U.S. Attorney Geoffrey S. Berman said: “In this Office’s continuing effort to improve the quality of life for the law-abiding and rent-paying residents of NYCHA housing, today’s indictment charges 22 members with allegedly operating a serious drug distribution network to deal crack cocaine in and around the Jefferson Houses in East Harlem. These drugs destroy lives and cripple communities. In addition, members of the crew allegedly possessed firearms to further their drug operation, bringing the danger of gun violence to the streets of New York. Thanks to the outstanding work of the FBI and NYPD, the defendants will now face justice in federal court.”
FBI Assistant Director-in-Charge William F. Sweeney Jr. said: “As alleged, these drug dealers hold communities hostage by creating an atmosphere of fear, and the wares they’re pushing are now having a deadly impact beyond our city. The FBI Metro Safe Streets Task Force, which made today’s arrests, is committed to deterring street violence and will continue to pursue those that endanger New York City communities.”
As alleged in the Indictment unsealed today in Manhattan federal court and in other court papers[1]:
From 2014 up to June 2018, JOSE HERNANDEZ, a/k/a “Cheerio,” a/k/a “Bheerio,” CHRISTOPHER LAWRENCE, a/k/a “Hood,” a/k/a ”H.O.,” a/k/a “Peanut,” LUIS AVILES, a/k/a “Toby,” GERALDO BUSANET, a/k/a “Bunazie,” SAMMUEL CABAN, a/k/a “Sammy,” JASON DAVENPORT, a/k/a “Jay,” JAMER DAVIS, a/k/a “J-Rock,” JERRELL FULCHER, a/k/a “Relly,” a/k/a “Butta,” RICO GONZALEZ, CLARENCE GRANDY, a/k/a “Butta,” TITO LLANES, a/k/a “Reek,” BENJAMIN LUCRE, a/k/a “Gotti,” DERRICK RICHARDSON, a/k/a “Fazo,” PARIS ROBERTS, a/k/a “Rambo,” ROCKY SANCHEZ, EDWIN SANTANA, a/k/a “E.B.,” a/k/a “Fat,” a/k/a “Defat,” LARRY SMITH, a/k/a “Scrap,” SHAHIEME SMITH, a/k/a “Mills,” a/k/a “Ira,” ISAAC SOLER, a/k/a “Doughboy,” DYLAN WILLIAMS, a/k/a “Rock,” a/k/a “Rockyo,” JAMES WILSON, a/k/a “Gotti,” and ROBERT WRIGHT, a/k/a “Rob Santana,” participated in a conspiracy to distribute 280 grams and more of crack cocaine and in around the Jefferson Houses, a public housing project in East Harlem, New York.
From 2014 up to June 2018, certain members of this Crew, namely JOSE HERNANDEZ, CHRISTOPHER LAWRENCE, BENJAMIN LUCRE, EDWIN SANTANA, LARRY SMITH, ISAAC SOLER, and DYLAN WILIAMS used, carried, and possessed firearms in furtherance of the crack cocaine conspiracy of which they were members.
* * *
Charts containing the names, charges, and maximum penalties for the defendants are set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the FBI and NYPD, and commended the NYPD's Manhattan North Narcotics, Major Case.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Lauren Schorr, Jessica Feinstein, Jacob Warren, and Christopher Clore are in charge of the prosecution.
The charges contained in the Indictments are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics conspiracy
21 U.S.C. §§ 841(b)(1)(A) and 846
JOSE HERNANDEZ, 31
CHRISTOPHER LAWRENCE, 34
LUIS AVILES, 31
GERALDO BUSANET, 31
SAMMUEL CABAN, 28
JASON DAVENPORT, 30
JAMER DAVIS, 23
JERRELL FULCHER, 21
RICO GONZALEZ, 21
CLARENCE GRANDY, 20
TITO LLANES, 22
BENJAMIN LUCRE, 18
DERRICK RICHARDSON, 21
PARIS ROBERTS, 19
ROCKY SANCHEZ, 23
EDWIN SANTANA, 29
LARRY SMITH, 28
ISAAC SOLER, 27
DYLAN WILLIAMS, 20
JAMES WILSON, 29
ROBERT WRIGHT, 23
Life in prison
Mandatory minimum of 10 years in prison
2
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of a drug trafficking crime
18 U.S.C. §§ 924(c ) and 2
JOSE HERNANDEZ
CHRISTOPHER LAWRENCE
BENJAMIN LUCRE
EDWIN SANTANA
LARRY SMITH
ISAAC SOLER
DYLAN WILLIAMS
Life in prison
Mandatory minimum of five years in prison
[1] As the introductory phrase signifies, the entirety of the text of the Indictment constitutes only allegations, and every fact described herein should be treated as an allegation.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, James P. O’Neill, the Police Commissioner of the City of New York (“NYPD”), and Angel M. Melendez, Special Agent in Charge of Homeland Security Investigations in New York City, announced the unsealing of a Superseding Indictment charging five additional defendants, including a leader of the Rollin’ 30s Crips, RANDY TORRES, a/k/a “Rico,” with racketeering and narcotics charges as a result of their membership in the violent Crips street gang. TORRES, together with CHARLES VENTURA, a/k/a “Gutta,” DERRICK RICHARDSON, a/k/a “J Rock,” EARL BANKS, a/k/a “EJ,” and former Armed Services Member EMIL MATUTE, a/k/a “Silly,” join other members of the Rollin’ 30s who were previously charged with racketeering, firearms, and narcotics-related offenses, including WALSTON OWEN, a/k/a “Purpose,” RICHARD FELIZ, a/k/a “Dirt,” SHAQUILLE BAILEY, a/k/a “Shaq,” a/k/a “Jefe,” and MIGUEL CABA, a/k/a “Miggs.”
The Superseding Indictment charges FELIZ for the March 26, 2015, murder of Victor Chafla, an innocent bystander. OWEN, FELIZ, BAILEY, CABA, VENTURA, and RICHARDSON are already in federal custody. BANKS and MATUTE were arrested earlier today, and will be presented in Manhattan federal court before U.S. Magistrate Judge Katherine H. Parker. The case is assigned to U.S. District Judge Victor Marrero. TORRES remains at large.
Manhattan U.S. Attorney Geoffrey S. Berman said: “As alleged, these defendants are members of a street gang that has engaged in drug trafficking, robbery, murder, and other acts of violence. The indictment unsealed today alleges that Richard Feliz murdered innocent bystander Victor Chafla in a botched attempt to kill a rival gang member. Gang violence is a threat to the safety and security of our neighborhoods, and we will continue to work to end it.”
NYPD Commissioner O’Neill said: “The high level of collaboration employed by the NYPD and our federal partners increasingly results in appropriate, meaningful prison sentences for those convicted of engaging in these types of illegal enterprises and street violence. I commend all of the detectives and investigators involved, and the U.S. Attorney for leveling these additional charges today.”
HSI Special Agent in Charge Angel M. Melendez said: “The charges against these men span from racketeering to murder; from firearms to narcotics-related offenses. These members of the violent Crips street gang allegedly did whatever it took to fund their criminal enterprise and protect their interest. But it is in the interest of HSI and its law enforcements partners, like the NYPD, to ‘close up shop’ on these alleged criminal operations by arresting the operators and bringing them to justice.”
According to the allegations contained in the Superseding Indictment[1] and other documents in the public record, and statements made in court:
From at least in or about 2013 up to and including in or about 2017, in the Southern District of New York and elsewhere, RANDY TORRES, a/k/a “Rico,” WALSTON OWEN, a/k/a “Purpose,” RICHARD FELIZ, a/k/a “Dirt,” SHAQUILLE BAILEY, a/k/a “Shaq,” a/k/a “Jefe,” MIGUEL CABA, a/k/a “Miggs,” CHARLES VENTURA, a/k/a “Gutta,” DERRICK RICHARDSON, a/k/a “J Rock,” EARL BANKS, a/k/a “EJ,” and EMIL MATUTE, a/k/ “Silly,” were members or associates of a racketeering enterprise known as the “Rollin’ 30s,” also known as the “Harlem Mafia,” or “Dirt Gang.” In order to fund the enterprise, protect and expand its interests, and promote its standing, members and associates of the Rollin’ 30s committed, conspired, attempted, and threatened to commit acts of violence, including murder, attempted murder, and robbery; and they conspired to distribute and possess with intent to distribute narcotics.
During a dispute with a member of an opposing crew, on March 26, 2015, FELIZ fired a gun in an attempt to kill that individual. FELIZ instead hit an innocent father, Victor Chafla, in the head, while Chafla was standing outside the store where he worked stocking fruits and vegetables. Chafla died from his wounds a few days later.
* * *
Count
Charges
Defendants
Maximum Penalties
1
Racketeering Conspiracy
RANDY TORRES,
WALSTON OWEN,
RICHARD FELIZ, SHAQUILLE BAILEY, MIGUEL CABA,
CHARLES VENTURA,
DERRICK RICHARDSON,
EARL BANKS, and
EMIL MATUTE
Life in prison (all defendants except FELIZ)
Life in prison or death (FELIZ)
2
Conspiracy To Commit Murder in Aid of Racketeering
RICHARD FELIZ
Life in prison
3
Murder in Aid of Racketeering
RICHARD FELIZ
Life in prison or death
4
Use of Firearms Resulting in Death
RICHARD FELIZ
Life in prison or death
5
Narcotics Conspiracy
RANDY TORRES,
WALSTON OWEN,
RICHARD FELIZ, and SHAQUILLE BAILEY
Life in prison
Mandatory minimum of ten years in prison
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants will be determined by a judge
Mr. Berman praised the investigative work of the NYPD and HSI.
The case is being prosecuted by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Jessica Fender, Drew Skinner, and Anden Chow are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth below constitute only allegations, and every fact described should be treated as an allegation.
Joon H. Kim, Acting United States Attorney for the Southern District of New York, James J. Hunt, Special Agent in Charge of the U.S. Drug Enforcement Administration’s New York Field Division (“DEA”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced today the unsealing of an Indictment charging nine members of a Bronx drug trafficking organization with narcotics and firearms trafficking offenses. The case is assigned to U.S. District Judge Kimba M. Wood.
Acting Manhattan U.S. Attorney Joon H. Kim said: “The defendants, members of a drug organization associated with the Crips street gang, allegedly sold large amounts of heroin, crack cocaine, and illegal firearms – including assault rifles – on the streets of the central Bronx. Together with our partners at the DEA and the NYPD, we are committed to protecting our city from drugs and illegal guns.”
DEA Special Agent in Charge James J. Hunt said: “Gun and drug trafficking have been the financial fortress behind gangs, such as the Hughes Avenue Organization. Unfortunately, these gangs set up shop in communities, intimidating neighborhoods and putting them in danger. Law enforcement has pooled resources to target drug gangs in this city and to remove those responsible for fueling gun violence and drug trafficking.”
According to the Indictment[1] unsealed in Manhattan federal court and statements made in court:
The members of the Hughes Avenue drug trafficking organization (the “Hughes Avenue DTO”) controlled narcotics trafficking near East Tremont Avenue, Hughes Avenue, and Belmont Avenue in the Bronx, New York. From 2016 to August 2017, members of the Hughes Avenue DTO sold heroin and crack cocaine in that area. Certain members of the Hughes Avenue DTO also illegally sold firearms for profit. firearms included an AK-47 assault rifle, an SKS assault rifle, a shotgun, and handguns. Members of the DTO are also members and associates of the “Rolling 30s” neighborhood set of the nationwide Crips street gang.
Count One of the Indictment charges ARIEL ACOSTA, a/k/a “A-Loc,” a/k/a “Blue,” a/k/a “True Blue,” ZORA BENITEZ, a/k/a “Baby," DERRICK RICHARDSON, a/k/a “J-Rock,” KEVIN RIVERA, a/k/a “Montana,” SANTOS RODRIGUEZ, a/k/a “Lefty,” EDWIN ROMAN, a/k/a “Capo,” KENNETH SAMPSON, a/k/a “Remo,” JAYLEN SCOTT-KING, a/k/a “Boo,” a/k/a “Legend,” a/k/a “Flirm,” and ALEXIS VALDEZ, a/k/a “Lil Rico,” with participating in a conspiracy to distribute one kilogram and more of heroin and 280 grams and more of crack cocaine.
Count Two of the Indictment charges ACOSTA, SCOTT-KING, and VALDEZ with firearms trafficking.
Counts Three and Four of the Indictment charge ACOSTA and VALDEZ with being felons in possession of firearms.
In a coordinated operation, eight of the defendants were arrested in New York on Tuesday afternoon and earlier today. Defendants ACOSTA, RICHARDSON, RODRIGUEZ, and VALDEZ were in custody on state charges and have been transferred to federal custody. They will be presented this afternoon in Manhattan federal court. BENITEZ remains at large. A chart identifying each defendant, the charges, and the maximum penalties is attached to this release.
* * *
Mr. Kim thanked the DEA and the NYPD for their work on the investigation.
The Office’s Violent and Organized Crime Unit is overseeing the case. Assistant U.S. Attorneys Drew Skinner and Anden Chow are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
CHARGE(S)
DEFENDANTS
MAXIMUM PENALTIES
Count One
Narcotics conspiracy, 21 U.S.C. § 846
(Conspiracy to distribute and possess with intent to distribute 1 kilogram and more of heroin and 280 grams and more of crack cocaine.)
ARIEL ACOSTA,
a/k/a “A-Loc,”
a/k/a “Blue,”
a/k/a “True Blue,”
ZORA BENITEZ,
a/k/a “Baby,"
DERRICK RICHARDSON,
a/k/a “J-Rock,”
KEVIN RIVERA,
a/k/a “Montana,”
SANTOS RODRIGUEZ,
a/k/a “Lefty,”
EDWIN ROMAN,
a/k/a “Capo,”
KENNETH SAMPSON,
a/k/a “Remo,”
JAYLEN SCOTT-KING,
a/k/a “Boo,”
a/k/a “Legend,”
a/k/a “Flirm,”
ALEXIS VALDEZ,
a/k/a “Lil Rico”
Lifetime imprisonment
Mandatory minimum: 10 years in prison
Count Two
Firearms trafficking, 18 U.S.C. § 922(a)(1)(A)
ARIEL ACOSTA,
a/k/a “A-Loc,”
a/k/a “Blue,”
a/k/a “True Blue,”
JAYLEN SCOTT-KING,
a/k/a “Boo,”
a/k/a “Legend,”
a/k/a “Flirm,”
ALEXIS VALDEZ,
a/k/a “Lil Rico”
5 years in prison
Count Three
Felon in possession of firearms, 18 U.S.C. § 922(g)
ARIEL ACOSTA,
a/k/a “A-Loc,”
a/k/a “Blue,”
a/k/a “True Blue,”
ALEXIS VALDEZ,
a/k/a “Lil Rico”
10 years in prison
Count Four
Felon in possession of firearms, 18 U.S.C. § 922(g)
Count Four
Felon in possession of firearms, 18 U.S.C. § 922(g)
10 years in prison
[1] As the introductory phrase signifies, the entirety of the text of the Indictment, and the description of the Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the second highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE2
Format: N2
Description: The four digit AO offense code associated with FTITLE2
Format: A4
Description: The four digit D2 offense code associated with FTITLE2
Format: A4
Description: A code indicating the severity associated with FTITLE2
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Joan Loughnane, the Acting Deputy United States Attorney for the Southern District of New York, announced today that SCOTT TUCKER was sentenced to 200 months in prison for operating a nationwide internet payday lending enterprise that systematically evaded state laws for more than 15 years in order to charge illegal interest rates as high as 1,000 percent on loans. TUCKER’s co-defendant, TIMOTHY MUIR, an attorney, was also sentenced, to 84 months in prison, for his participation in the scheme. In addition to their willful violation of state usury laws across the country, TUCKER and MUIR lied to millions of customers regarding the true cost of their loans to defraud them out of hundreds, and in some cases, thousands of dollars. Further, as part of their multi-year effort to evade law enforcement, the defendants formed sham relationships with Native American tribes and laundered the billions of dollars they took from their customers through nominally tribal bank accounts to hide Tucker’s ownership and control of the business.
After a five-week jury trial, TUCKER and MUIR were found guilty on October 13, 2017, on all 14 counts against them, including racketeering, wire fraud, money laundering, and Truth-In-Lending Act (“TILA”) offenses. U.S. District Judge P. Kevin Castel presided over the trial and imposed today’s sentences.
Acting Deputy U.S. Attorney Joan Loughnane said: “For more than 15 years, Scott Tucker and Timothy Muir made billions of dollars exploiting struggling, everyday Americans through payday loans carrying interest rates as high as 1,000 percent. And to hide their criminal scheme, they tried to claim their business was owned and operated by Native American tribes. But now Tucker and Muir’s predatory business is closed and they have been sentenced to significant time in prison for their deceptive practices.”
According to the allegations contained in the Superseding Indictment, and evidence presented at trial:
The Racketeering Influenced Corrupt Organizations (“RICO”) Crimes
From at least 1997 until 2013, TUCKER engaged in the business of making small, short-term, high-interest, unsecured loans, commonly referred to as “payday loans,” through the Internet. TUCKER’s lending enterprise, which had up to 1,500 employees based in Overland Park, Kansas, did business as Ameriloan, f/k/a Cash Advance; OneClickCash, f/k/a Preferred Cash Loans; United Cash Loans; US FastCash; 500 FastCash; Advantage Cash Services; and Star Cash Processing (the “Tucker Payday Lenders”). TUCKER, working with MUIR, the general counsel for TUCKER’s payday lending businesses since 2006, routinely charged interest rates of 600 percent or 700 percent, and sometimes higher than 1,000 percent. These loans were issued to more than 4.5 million working people in all 50 states, including more than 250,000 people in New York, many of whom were struggling to pay basic living expenses. Many of these loans were issued in states, including New York, with laws that expressly forbid lending at the exorbitant interest rates TUCKER charged. Evidence at trial established that TUCKER and MUIR were fully aware of the illegal nature of the loans charged and, in fact, prepared scripts to be used by call center employees to deal with complaints by customers that their loans were illegal.
Fraudulent Loan Disclosures
TILA is a federal statute intended to ensure that credit terms are disclosed to consumers in a clear and meaningful way, both to protect customers against inaccurate and unfair credit practices, and to enable them to compare credit terms readily and knowledgeably. Among other things, TILA and its implementing regulations require lenders, including payday lenders like the Tucker Payday Lenders, to disclose accurately, clearly, and conspicuously, before any credit is extended, the finance charge, the annual percentage rate, and the total of payments that reflect the legal obligation between the parties to the loan.
The Tucker Payday Lenders purported to inform prospective borrowers, in clear and simple terms, as required by TILA, of the cost of the loan (the “TILA Box”). For example, for a loan of $500, the TILA Box provided that the “finance charge – meaning the ‘dollar amount the credit will cost you’” – would be $150, and that the “total of payments” would be $650. Thus, in substance, the TILA Box stated that a $500 loan to the customer would cost $650 to repay. While the amounts set forth in the Tucker Payday Lenders’ TILA Box varied according to the terms of particular customers’ loans, they reflected, in substance, that the borrower would pay $30 in interest for every $100 borrowed.
In fact, through at least 2012, TUCKER and MUIR structured the repayment schedule of the loans such that, on the borrower’s payday, the Tucker Payday Lenders automatically withdrew the entire interest payment due on the loan, but left the principal balance untouched so that, on the borrower’s next payday, the Tucker Payday Lenders could again automatically withdraw an amount equaling the entire interest payment due (and already paid) on the loan. With TUCKER and MUIR’s approval, the Tucker Payday Lenders proceeded automatically to withdraw such “finance charges” payday after payday (typically every two weeks), applying none of the money toward repayment of principal, until at least the fifth payday, when they began to withdraw an additional $50 per payday to apply to the principal balance of the loan. Even then, the Tucker Payday Lenders continued to assess and automatically withdraw the entire interest payment calculated on the remaining principal balance until the entire principal amount was repaid. Accordingly, as TUCKER and MUIR well knew, the Tucker Payday Lenders’ TILA box materially understated the amount the loan would cost, including the total of payments that would be taken from the borrower’s bank account. Specifically, for a customer who borrowed $500, contrary to the TILA Box disclosure stating that the total payment by the borrower would be $650, in fact, and as TUCKER and MUIR well knew, the finance charge was $1,425, for a total payment of $1,925 by the borrower.
The Sham Tribal Ownership of the Business
In response to complaints that the Tucker Payday Lenders were extending abusive loans in violation of their usury laws, several states began to investigate the Tucker Payday Lenders. To thwart these state actions, TUCKER devised a scheme to claim that his lending businesses were protected by sovereign immunity, a legal doctrine that, among other things, generally prevents states from enforcing their laws against Native American tribes. Beginning in 2003, TUCKER entered into agreements with several Native American tribes (the “Tribes”), including the Santee Sioux Tribe of Nebraska, the Miami Tribe of Oklahoma, and the Modoc Tribe of Oklahoma. The purpose of these agreements was to cause the Tribes to claim they owned and operated parts of TUCKER’s payday lending enterprise, so that when states sought to enforce laws prohibiting TUCKER’s loans, TUCKER’s lending businesses would claim to be protected by sovereign immunity. In return, the Tribes received payments from TUCKER, typically one percent of the revenues from the portion of TUCKER’s payday lending business that the Tribes purported to own.
In order to create the illusion that the Tribes owned and controlled TUCKER’s payday lending business, TUCKER and MUIR engaged in a series of lies and deceptions. Among other things:
MUIR and other counsel for TUCKER prepared false factual declarations from tribal representatives that were submitted to state courts, falsely claiming, among other things, that tribal corporations substantively owned, controlled, and managed the portions of TUCKER’s business targeted by state enforcement actions.
TUCKER opened bank accounts to operate and receive the profits of the payday lending enterprise, which were nominally held by tribally owned corporations, but which were, in fact, owned and controlled by TUCKER. TUCKER received over $380 million from these accounts on lavish personal expenses, some of which was spent on a fleet of Ferraris and Porsches, the expenses of a professional auto racing team, a private jet, a luxury home in Aspen, Colorado, and his personal taxes.
In order to deceive borrowers into believing that they were dealing with Native American tribes, employees of TUCKER making payday loans over the phone told borrowers, using scripts directed and approved by TUCKER and MUIR, that they were operating in Oklahoma and Nebraska, where the Tribes were located, when in fact they were operating at TUCKER’s corporate headquarters in Kansas.
These deceptions succeeded for a time, and several state courts dismissed enforcement actions against TUCKER’s payday lending businesses based on claims that they were protected by sovereign immunity. In reality, the Tribes neither owned nor operated any part of TUCKER’s payday lending business. The Tribes made no payment to TUCKER to acquire the portions of the business they purported to own. TUCKER continued to operate his lending business from a corporate headquarters in Kansas, and TUCKER continued to reap the profits of the payday lending businesses, which generated over $3.5 billion in revenue from just 2008 to June 2013 – in substantial part by charging struggling borrowers high interest rates expressly forbidden by state laws.
* * *
In addition to their prison terms, TUCKER, 55, of Leawood, Kansas, and MUIR, 46, of Overland Park, Kansas, were each sentenced to three years of supervised release. Judge Castel ordered the defendants to forfeit the proceeds of their crimes. TUCKER was remanded into custody.
In pronouncing sentence, Judge Castel described the crimes as “a scheme to extract money from people in desperate circumstances” that “created heartbreak and sorrow . . . not just a financial loss.”
Mrs. Loughnane praised the outstanding investigative work of the St. Louis Field Office of the IRS-CI. Mrs. Loughnane also thanked the Criminal Investigators at the United States Attorney’s Office, the Federal Bureau of Investigation, and the Federal Trade Commission for their assistance with the case.
The prosecution is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys Niketh Velamoor, Hagan Scotten, and Sagar Ravi are in charge of the prosecution.
Damian Williams, the United States Attorney for the Southern District of New York, Timothy Foley, the Acting Special Agent-in-Charge of the Drug Enforcement Administration’s New York Division (“DEA”), Kevin P. Bruen, the Superintendent of the New York State Police (“NYSP”), and Keechant L. Sewell, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of a criminal complaint today charging gang members JERRIN PENA, a/k/a “Rooga,” a/k/a “Perry,” ARIEL OLIVER, a/k/a “8Ball,” a/k/a “Ocho,” JUSTIN DEAZA, a/k/a “Booka,” WILSON MENDEZ, a/k/a “Tati,” JOWENKY NUNEZ, a/k/a “Juju,” BRIAN HERNANDEZ, a/k/a “Malikai,” VICTOR COLON, a/k/a “V,” JOSE GUTIERREZ, a/k/a “G,” ARGENIS TAVAREZ, a/k/a “Nose,” and NIJMAH MARTE, a/k/a “N,” with participating in a conspiracy to traffic narcotics. Six of the defendants also were charged with using guns in furtherance of that conspiracy.
PENA, MENDEZ, COLON, GUTIERREZ, and MARTE were arrested yesterday in New York, New York and the Bronx, New York and will be presented today before the Hon. Barbara Moses, United States Magistrate Judge for the Southern District of New York. OLIVER, DEAZA, and HERNANDEZ were already in state custody. NUNEZ and TAVAREZ remain at large.
U.S. Attorney Damian Williams said: “As alleged, these defendants were members of a gang that distributed many types of illegal narcotics in a Manhattan neighborhood for years. Several of the defendants frequently carried firearms while dealing drugs. Today’s arrests are part of our continued commitment, along with our law enforcement partners, to target narcotics trafficking and firearms use in New York City.”
DEA Acting Special Agent-in-Charge Timothy Foley said: “The Own Every Dollar gang used social media to glamorize their drug enterprise, conduct drug transactions and brandish weapons instilling fear in the community. Our drug trafficking investigations have a way of uncovering links to the threat of gun violence and gang-related criminal activity. Today’s arrests exemplify law enforcement’s commitment to law and order and people’s right to live without fear.”
NYSP Superintendent Kevin P. Bruen said: “We have no tolerance for those who bring drugs and the threat of violence to our communities. These arrests are the result of an aggressive strategy to stop the trafficking of narcotics and other deadly drugs on our streets. Together, with our law enforcement partners at all levels, we will continue to work vigilantly to put dangerous individuals like these gang members behind bars.”
NYPD Commissioner Keechant L. Sewell said: “The details of this investigation make clear: Criminal gangs, illegal guns, and illicit drugs are a dangerous combination – and will never be tolerated in our city, and any person who deals in the criminal behavior alleged in this case will be held accountable to the fullest extent of the law. I want to thank the U.S. Attorney’s Office for the Southern District of New York, the Drug Enforcement Administration’s New York Division, the New York State Police, and everyone else who worked to take these 10 defendants off our streets, and made New York City safer for all the people we serve.”
As alleged in the Complaint unsealed today[1]:
PENA, OLIVER, DEAZA, MENDEZ, NUNEZ, HERNANDEZ, COLON, GUTIERREZ, TAVAREZ, and MARTE, are members of a criminal gang called “Own Every Dollar” or “OED,” which uses the following logo:
Between in or about 2019 and in or about 2022, the defendants sold fentanyl, heroin, cocaine, crack cocaine, oxycodone, and marijuana in and around the Washington Heights neighborhood of Manhattan. The defendants sold drugs to, among others, undercover police officers, and were frequently arrested in possession of drugs packaged for resale.
In addition, PENA, MENDEZ, NUNEZ, HERNANDEZ, COLON, and MARTE each possessed firearms in connection with their drug dealing, and PENA, OLIVER, and NUNEZ regularly posted social media photographs and videos of themselves holding firearms.
On February 24, 2022, DEAZA was arrested in possession of one kilogram of fentanyl.
* * *
JERRIN PENA, 20, ARIEL OLIVER, 22, JUSTIN DEAZA, 20, WILSON MENDEZ, 19, JOWENKY NUNEZ, 19, BRIAN HERNANDEZ, 22, VICTOR COLON, 24, JOSE GUTIERREZ, 20, ARGENIS TAVAREZ, 22, and NIJMAH MARTE, 21, all from New York City, are each charged with conspiracy to distribute and possess with intent to distribute 400 grams and more of fentanyl, in violation of Title 21, United States Code, Section 846, which carries a mandatory minimum sentence of ten years in prison and a maximum sentence of life in prison. The defendants are also charged with conspiracy to distribute and possess with intent to distribute heroin, cocaine, crack cocaine, oxycodone, in violation of Title 21, United States Code, Section 846, which carries a maximum sentence of 20 years, and conspiracy to distribute and possess with intent to distribute marijuana, also in violation of Title 21, United States Code, Section 846, which carries a maximum sentence of five years.
PENA, MENDEZ, NUNEZ, HERNANDEZ, COLON, and MARTE are also each charged with possessing a firearm in furtherance of the narcotics conspiracy, in violation of Title 18, United States Code, Section 924(c)(1)(A)(i), which carries a maximum sentence of life in prison, with a mandatory minimum sentence of five years in prison, which must run consecutively to any other sentence.
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants would be determined by the judge.
Mr. Williams praised the outstanding investigative work of the DEA, NYSP, and NYPD. He also thanked the Special Narcotics Prosecutor for the City of New York, the Bronx District Attorney’s Office, the Manhattan District Attorney’s Office, the Massachusetts State Police, and the Worcester County District Attorney’s Office for their assistance in the case.
The case is being handled by the Office’s Narcotics Unit. Assistant United States Attorneys Kevin Mead, Sarah L. Kushner, and Ashley Nicolas are in charge of the prosecution.
The charges in the Complaint are merely accusations and the defendants are presumed innocent unless and until proven guilty.
[1] The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Damian Williams, the United States Attorney for the Southern District of New York, Kenneth A. Polite, Jr., the Assistant Attorney General of the Justice Department’s Criminal Division, and James C. Lee, the Chief of the Internal Revenue Service - Criminal Investigation (“IRS-CI”), announced that TELEFONAKTIEBOLAGET LM ERICSSON (“ERICSSON”), a multinational telecommunications company headquartered in Stockholm, Sweden, has agreed to plead guilty and pay a criminal penalty of more than $206 million after breaching a 2019 Deferred Prosecution Agreement (“DPA”).
ERICSSON breached the DPA by violating the agreement’s cooperation and disclosure provisions. Based on the same underlying criminal conduct that gave rise to the DPA, ERICSSON will plead guilty to engaging in a long-running scheme to violate the Foreign Corrupt Practices Act (“FCPA”) by paying bribes, falsifying books and records, and failing to implement reasonable internal accounting controls in multiple countries around the world.
U.S. Attorney Damian Williams said: “Ericsson engaged in significant FCPA violations and made an agreement with the Department of Justice to clean up its act. The company’s breach of its obligations under the DPA indicate that Ericsson did not learn its lesson, and it is now facing a steep price for its continued missteps. As Ericsson’s anticipated guilty plea makes abundantly clear, the Southern District of New York will hold to account companies that fail to live up to obligations to root out and voluntarily report their misconduct to the Department of Justice.”
Assistant Attorney General Kenneth A. Polite, Jr. said: “When the Department afforded Ericsson the opportunity to enter into a DPA to resolve an investigation into serious FCPA violations, the company agreed to comply with all provisions of that agreement. Instead of honoring that commitment, Ericsson repeatedly failed to fully cooperate and failed to disclose evidence and allegations of misconduct in breach of the agreement. As a result of these broken promises, Ericsson must plead guilty to two criminal offenses and pay an additional fine. Companies should be on notice that we will closely scrutinize their compliance with all terms of corporate resolution agreements and that there will be serious consequences for those that fail to honor their commitments.”
IRS-CI Chief James C. Lee said: “Today’s more than $200 million criminal penalty against Ericsson underscores the significant consequences that result when a DPA is breached. Ericsson’s multiple cooperation and disclosure failures led to this breach, resulting in the company having to plead guilty and pay additional penalties.”
According to court documents:
Beginning in 2000 and continuing until 2016, ERICSSON used third-party agents and consultants to make bribe payments to government officials and to manage off-the-books slush funds in Djibouti, China, Vietnam, Indonesia, and Kuwait. These agents were often engaged through sham contracts and paid pursuant to false invoices, and the payments to the agents were improperly accounted for in ERICSSON’s books and records. In 2019, ERICSSON resolved this criminal conduct by entering a DPA with the Department in connection with a two-count criminal information filed in the Southern District of New York. As part of the DPA, ERICSSON paid a total criminal penalty of over $520 million and agreed to the imposition of an independent compliance monitor for three years. An ERICSSON subsidiary, Ericsson Egypt Ltd, also pled guilty to a one-count criminal information charging conspiracy to violate the anti-bribery provisions of the FCPA.
Following the 2019 resolution, ERICSSON breached the DPA by failing to truthfully disclose all factual information and evidence related to the Djibouti scheme, the China scheme, and other potential violations of the FCPA’s anti-bribery or accounting provisions. ERICSSON also failed to promptly report and disclose evidence and allegations of conduct related to its business activities in Iraq that may constitute a violation of the FCPA. These disclosure failures prevented the United States from bringing charges against certain individuals and taking key investigative steps.
* * *
Under the terms of the plea agreement, which must be accepted by the court, ERICSSON agreed to plead guilty to the original charges deferred by the 2019 DPA: one count of conspiracy to violate the anti-bribery provisions of the FCPA and one count of conspiracy to violate the internal controls and books and records provisions of the FCPA. ERICSSON will also be required to serve a term of probation through June 2024 and has agreed to a one-year extension of the independent compliance monitor. The plea agreement also requires ERICSSON to pay an additional criminal penalty of $206,728,848 – which includes the elimination of any cooperation credit originally awarded pursuant to the DPA.
Mr. Williams praised the efforts of the IRS-CI, which conducted the investigation in this case.
The case is being handled by the Office’s Complex Frauds and Cybercrime Unit and the Justice Department’s Fraud Section. Assistant U.S. Attorneys David Abramowicz and Juliana Murray and Trial Attorney Michael Culhane Harper are in charge of the prosecution.
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Tyrone Wise, 34, of Philadelphia, Pennsylvania, was sentenced today by United States District Court Judge Timothy J. Savage to 60 months in prison and three years of supervised release for setting fire to a West Philadelphia building.In September, Wise pleaded guilty to a one-count indictment charging him with malicious damage by means of fire of a building used in interstate commerce.He admitted that, on May 31, 2020, at about 8:49 p.m., amid both lawful protests and unlawful civil disturbances occurring in Philadelphia, he intentionally set fire to the SunRay Drugs Pharmacy located on the first floor of 25 South 60th Street in West Philadelphia.The blaze caused extensive fire, water, and smoke damage to the pharmacy on the first floor and throughout the remainder of the building, which included a basement, and apartments on the second and third floors. The fire resulted in $1.2 million in damage and caused the SunRay Drugs at that location to close.“Tyrone Wise’s actions were incredibly dangerous,” said U.S. Attorney Romero. “He set this fire with no regard for the two apartments upstairs and any people who might be in them, the potential for the flames to spread to adjacent buildings, or the risks to first responders who would have to fight the blaze. Arson threatens lives and communities, and my office will continue to work with our investigative partners to prosecute these offenders and hold them fully accountable.”“Tyrone Wise took advantage of the lawlessness of the moment to torch this drug store and extensively damage people’s apartments for no reason,” said Eric DeGree, Special Agent in Charge of the ATF’s Philadelphia Field Division. “Arson not only hurts our communities with property damage, but also wrecks opportunity and puts people in danger of injury and death. In cooperation with our law enforcement partners, we will continue to track down and prosecute arsonists in Philadelphia for the safety and prosperity of our city.”The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Philadelphia Police Department and is being prosecuted by Assistant United States Attorney Kevin Jayne.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that eight defendants have been sentenced in connection with their participation in a scheme to defraud victims – many of whom were elderly – by soliciting payments over the telephone. ARASH KETABCHI, a/k/a “Zach Peterson,” RAYMOND QUILES, CHRISTOPHER WILSON, a/k/a “Eric Fields,” JACK KAVNER, a/k/a “Bob Wiley,” a/k/a “Phil Powers,” JOSEPH McGOWAN, and ANTHONY MEDEIROS pled guilty in 2018. ANDREW OWIMRIN, a/k/a “Andrew Owens,” a/k/a “Jonathan Stewart,” and SHAHRAM KETABCHI, a/k/a “Steve Ketabchi,” were convicted following a 12-day trial before United States District Judge Sidney H. Stein.
U.S. Attorney Geoffrey S. Berman said: “Motivated by greed and the possibility of a quick payday, these defendants aggressively targeted the elderly and other vulnerable victims by convincing them to invest their money in various businesses. In reality, these so-called opportunities were just fraudulent schemes to steal victims’ money. Now, they have all been sentenced to prison.”
According to the allegations in the complaint and indictments filed in connection with this case, other filings in Manhattan federal court, and evidence presented at the trial of OWIMRIN and SHAHRAM KETABCHI:
Beginning in October 2013 through March 2017, ARASH KETABCHI, WILSON, KAVNER, McGOWAN, and others operated a group of telemarketing companies (the “Telemarketing Companies”) that engaged in a fraudulent scheme (the “Telemarketing Scheme”), by which they promised to earn victims (the “Victims”) money in exchange for particular Victims making an initial cash “investment” in business development, website design, grant applications, or tax preparation services. Many Victims, the majority of whom are over 70 years old, “invested” thousands of dollars with the Telemarketing Companies, but did not earn any of the promised returns. When Victims of the Telemarketing Scheme sought refunds, or fought credit card charges, the Telemarketing Companies provided explanations and documentation to the credit card companies falsely representing that the Victims had received the promised services. QUILES operated a company that provided so-called “fulfillment” services for the Telemarketing Companies, whereby QUILES’s company would send nominal items, such as boilerplate pamphlets, to Victims in order to help the Telemarketing Companies falsely demonstrate to credit card companies that they had provided services to the Victims. OWIMRIN and MEDEIROS worked as sales representatives for the Telemarketing Companies. SHAHRAM KETABCHI was responsible for, among other things, the submission of documents to the credit card companies in order to challenge the Victims’ attempts to recover their funds.
Five other individuals have pled guilty in connection with this case, and await sentencing:
Defendant Name
Companies
Count(s) of Conviction
William Sinclair
Olive Branch Marketing,
Paramount Business Solutions
Wire Fraud and Conspiracy to Commit Wire Fraud
(18 U.S.C. §§ 1343, 1349)
Conspiracy to Commit Money Laundering
(18 U.S.C. § 1956(h))
Michael Finocchiaro
Olive Branch Marketing,
Paramount Business Solutions
Wire Fraud and Conspiracy to Commit Wire Fraud
(18 U.S.C. §§ 1343, 1349)
Conspiracy to Commit Money Laundering
(18 U.S.C. § 1956(h))
Narcotics Conspiracy
(21 U.S.C. § 846)
Daniel Quirk
Carlyle Management Group,
Vanguard Business Solutions
Wire Fraud and Conspiracy to Commit Wire Fraud
(18 U.S.C. §§ 1343, 1349)
Conspiracy to Commit Money Laundering
(18 U.S.C. § 1956(h))
Narcotics Conspiracy
(21 U.S.C. § 846)
Peter DiQuarto
Olive Branch Marketing,
Carlyle Management Group,
Vanguard Business Solutions.
A1 Business Consultants
Wire Fraud and Conspiracy to Commit Wire Fraud
(18 U.S.C. §§ 1343, 1349)
Conspiracy to Commit Money Laundering
(18 U.S.C. § 1956(h))
Narcotics Conspiracy
(21 U.S.C. § 846)
Brooke Marcus
First Trend,
Tri-Star,
Elite Business Services
Conspiracy to Commit Wire Fraud
(18 U.S.C. § 1349)
* * *
ARASH KETABCHI, 45, of Wayne, New Jersey, was sentenced by Judge Stein on March 27, 2019, to 87 months in prison and three years of supervised release, and ordered to forfeit $1,059,803.84 and to pay $563,427.99 in restitution.
RAYMOND QUILES, 41, of Old Bridge, New Jersey, was sentenced by Judge Stein on March 27, 2019, to 366 days in prison and three years of supervised release, ordered to perform 480 hours of community service, and to forfeit $542,673.30.
CHRISTOPHER WILSON, 33, of Teaneck, New Jersey, was sentenced by Judge Stein on April 3, 2019, to 78 months in prison and three years of supervised release, and ordered to forfeit $485,818.84 and to pay $397,850.80 in restitution.
JACK KAVNER, 32, of West New York, New Jersey, was sentenced by Judge Stein on April 3, 2019, to 51 months in prison and three years of supervised release, and ordered to forfeit $150,000 and to pay $1,705,586.05 in restitution.
JOSEPH McGOWAN, 32, of Port Chester, New York, was sentenced by Judge Stein on April 3, 2019, to 72 months in prison and three years of supervised release, and ordered to forfeit $1,763,582.05 and to pay $1,705,586.05 in restitution.
ANDREW OWIMRIN, 29, of Montvale, New Jersey, was sentenced by Judge Stein on March 27, 2019, to 52 months in prison and three years of supervised release, and ordered to forfeit $100,000.
SHAHRAM KETABCHI, 48, of Rancho Mission Viejo, California, was sentenced by Judge Stein on March 28, 2019, to four months in prison, three years of supervised release, including six months of home confinement, and 480 hours of community service. SHAHRAM KETABCHI was also ordered to forfeit $30,825 and to pay $563,427.99 in restitution.
ANTHONY MEDEIROS, 38, of Bloomfield, New Jersey, was sentenced by U.S. District Court Judge Nelson S. Román on September 11, 2018, to 66 months in prison and three years of supervised release.
Mr. Berman praised the outstanding investigative work of the Department of Homeland Security, Homeland Security Investigations, and the New York City Police Department.
The prosecution is being handled by the Office’s General Crimes Unit. Assistant United States Attorneys Kiersten A. Fletcher, Benet J. Kearney, and Robert B. Sobelman are in charge of the prosecution.
If you believe you have been a victim of these telemarketing companies: A1 Business Consultants, Elevated Business Consultants, Element Business Services, Prestige Worldwide Enterprises, Olive Branch Marketing, CTO Consulting, Carlyle Management Group, or Vanguard Business Solutions, please contact Wendy Olsen-Clancy, the Victim Witness Coordinator at the U.S. Attorney’s Office for the Southern District of New York, at 866-874-8900 or wendy.olsen@usdoj.gov. You may also report it to Detective Christopher Bastos of the New York City Police Department at 917-480-7167 or christopher.bastos@nypd.org.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of five Indictments charging 30 defendants with committing various narcotics and firearms offenses in Manhattan and the Bronx.
As alleged in the Indictments unsealed in Manhattan federal court[1]:
United States v. Neury Abreu, et al., 19 Cr. 821
Between January 2016 and November 2019, NEURY ABREU, 26, ALEXANDER DEJESUS, 27, JOSHUA PEREZ, 27, ALEXANDER BAEZ, 46, IVAN BREA, 28, JOSE CRUZ, 22, LUIS ESPINAL, 30, and ANTHONY MELO, 19, conspired to sell 280 grams or more of crack cocaine, cocaine, Oxycodone, and marijuana. Members of the conspiracy distributed narcotics in and around the Inwood neighborhood of Manhattan.
Between January 2016 and November 2019, ABREU, DEJESUS, and PEREZ used and carried firearms during and in relation to, and possessed firearms in furtherance of, the narcotics conspiracy charged in the Indictment. PEREZ also possessed a firearm on or about July 8, 2019, and on or about July 11, 2019, after having previously been convicted of a felony.
United States v. Alexander Melo, et al., 19 Cr. 818
Between April 2019 and November 2019, ALEXANDER MELO, 28, JAVIER JANIEL, 23, FRANMY LUNA, 24, and JUAN PERALTA, 25, conspired to sell 280 grams or more of crack cocaine, and cocaine. Members of the conspiracy distributed narcotics in and around the Inwood neighborhood of Manhattan.
On or about October 9, 2018, MELO possessed a shotgun after having been convicted of a felony, and having had three convictions for three serious drug offenses, all of which were committed on occasions different from one another, in violation of the Armed Career Criminal Act.
United States v. Mario Delgado, et al., 19 Cr. 817
Between October 2018 and November 2019, MARIO DELGADO, 32, DANIEL CUEVAS, 27, and EDWARD RODRIGUEZ, 30, conspired to sell 100 grams and more of Acetyl Fentanyl (which is an analogue of Fentanyl), Fentanyl, and Oxycodone. Members of the conspiracy distributed narcotics in and around the Washington Heights neighborhood of Manhattan.
United States v. Roberto Sanchez, et al., 19 Cr. 820
Between January 2019 and November 2019, ROBBERTO SANCHEZ, 41, and JULIO ABREU, 28, conspired to sell heroin, cocaine, and marijuana. Members of the conspiracy distributed narcotics in and around the Washington Heights neighborhood of Manhattan.
United States v. Alberto Marte, 19 Cr. 795
From at least in or about 2018 through in or about 2019, ALBERTO MARTE, a/k/a “Scotty,” a/k/a “Skylet,” 42, JUNIOR RODRIGUEZ, a/k/a “Skrilla,” 23, ERICK MELENCIANO, a/k/a “Gualey,” 26, NICHOLAS FALU, a/k/a “Nico,” 31, KEVIN ROSADO, a/k/a “Malda,” 26, GUERY CRUZ, a/k/a “Capo,” 24, JONATHAN RODRIGUEZ, a/k/a “Nathan,” 31, OMAR BAEZ, a/k/a “Smokey,” 23, SAMUEL SOSA, a/k/a “Sammy,” 21, YOAN DELACRUZ, a/k/a “Johan,” 29, RAYMER CASILLA, a/k/a “Ray Savage,” 23, KEVIN MELENDEZ, a/k/a “Freaky,” 26, and JOSE BAUTISTA, a/k/a “Nelo,” a/k/a “Echo,” 30, conspired to sell oxycodone and possessed firearms in furtherance of that conspiracy.
* * *
Thirteen of the 30 defendants were arrested this morning and will be presented later today before U.S. Magistrate Judge Sarah Netburn in Manhattan federal court. Twelve of the 30 defendants, charged in connection with United States v. Alberto Marte, were arrested on November 13, 2019, and presented before U.S. Magistrate Judge Katharine H. Parker. JOSHUA PEREZ was already in federal custody and will be presented at a later date.
Charts containing the names, charges, and maximum penalties for the defendants are set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the FBI/NYPD Metro Safe Streets Task Force, and he thanked the New York City Department of Investigation for its assistance in the case.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Frank Balsamello, Adam Hobson, Jacob Warren, Celia Cohen, and Dominick Gentile are in charge of the prosecutions.
The charges contained in the Indictments are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
United States v. Neury Abreu, et al., 19 Cr. 821
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
NEURY ABREU,
ALEXANDER DEJESUS, JOSHUA PEREZ,
ALEXANDER BAEZ,
IVAN BREA,
JOSE CRUZ,
LUIS ESPINAL, and
ANTHONY MELO
Life in prison
Mandatory minimum of 10 years in prison
2
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a narcotics trafficking crime
18 U.S.C. § 924(c)
NEURY ABREU,
ALEXANDER DEJESUS, JOSHUA PEREZ
Life in prison
Mandatory minimum of 5 years in prison
3
Felon in possession of a firearm
18 U.S.C. § 922(g)(1)
JOSHUA PEREZ
10 years in prison
4
Felon in possession of a firearm
18 U.S.C. § 922(g)(1)
JOSHUA PEREZ
10 years in prison
United States v. Alexander Melo, et al., 19 Cr. 818
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
ALEXANDER MELO,
JAVIER JANIEL,
FRANMY LUNA, and
JUAN PERALTA,
Life in prison
Mandatory minimum of 10 years in prison
2
Armed Career Criminal Act
18 U.S.C. §§ 922(g)(1) and 924(e)
ALEXANDER MELO
Life in prison
Mandatory minimum of 15 years in prison
United States v. Mario Delgado, et al., 19 Cr. 817
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
MARIO DELGADO,
DANIEL CUEVAS, and EDWARD RODRIGUEZ
Life in prison
Mandatory minimum of 10 years in prison
United States v. Roberto Sanchez, et al., 19 Cr. 820
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
ROBERTO SANCHEZ, and
JULIO ABREU
20 years in in prison
United States v. Alberto Marte, 19 Cr. 795
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
ALBERTO MARTE,
JUNIOR RODRIGUEZ,
ERICK MELENCIANO,
NICHOLAS FALU,
KEVIN ROSADO,
GUERY CRUZ,
JONATHAN RODRIGUEZ,
OMAR BAEZ,
SAMUEL SOSA,
YOAN DELACRUZ,
RAYMER CASILLA,
KEVIN MELENDEZ,
JOSE BAUTISTA
20 years in prison
2
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a narcotics trafficking crime
18 U.S.C. § 924(c)
ALBERTO MARTE,
JUNIOR RODRIGUEZ,
ERICK MELENCIANO,
NICHOLAS FALU,
KEVIN ROSADO,
GUERY CRUZ,
JONATHAN RODRIGUEZ,
OMAR BAEZ,
SAMUEL SOSA,
YOAN DELACRUZ,
RAYMER CASILLA,
KEVIN MELENDEZ,
JOSE BAUTISTA
Life in prison
Mandatory minimum of 5 years in prison
[1] As the introductory phrase signifies, the entirety of the texts of the Indictments constitute only allegations, and every fact described herein should be treated as an allegation.
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the second highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE2
Format: N2
Description: The four digit AO offense code associated with FTITLE2
Format: A4
Description: The four digit D2 offense code associated with FTITLE2
Format: A4
Description: A code indicating the severity associated with FTITLE2
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of five Indictments charging 30 defendants with committing various narcotics and firearms offenses in Manhattan and the Bronx.
As alleged in the Indictments unsealed in Manhattan federal court[1]:
United States v. Neury Abreu, et al., 19 Cr. 821
Between January 2016 and November 2019, NEURY ABREU, 26, ALEXANDER DEJESUS, 27, JOSHUA PEREZ, 27, ALEXANDER BAEZ, 46, IVAN BREA, 28, JOSE CRUZ, 22, LUIS ESPINAL, 30, and ANTHONY MELO, 19, conspired to sell 280 grams or more of crack cocaine, cocaine, Oxycodone, and marijuana. Members of the conspiracy distributed narcotics in and around the Inwood neighborhood of Manhattan.
Between January 2016 and November 2019, ABREU, DEJESUS, and PEREZ used and carried firearms during and in relation to, and possessed firearms in furtherance of, the narcotics conspiracy charged in the Indictment. PEREZ also possessed a firearm on or about July 8, 2019, and on or about July 11, 2019, after having previously been convicted of a felony.
United States v. Alexander Melo, et al., 19 Cr. 818
Between April 2019 and November 2019, ALEXANDER MELO, 28, JAVIER JANIEL, 23, FRANMY LUNA, 24, and JUAN PERALTA, 25, conspired to sell 280 grams or more of crack cocaine, and cocaine. Members of the conspiracy distributed narcotics in and around the Inwood neighborhood of Manhattan.
On or about October 9, 2018, MELO possessed a shotgun after having been convicted of a felony, and having had three convictions for three serious drug offenses, all of which were committed on occasions different from one another, in violation of the Armed Career Criminal Act.
United States v. Mario Delgado, et al., 19 Cr. 817
Between October 2018 and November 2019, MARIO DELGADO, 32, DANIEL CUEVAS, 27, and EDWARD RODRIGUEZ, 30, conspired to sell 100 grams and more of Acetyl Fentanyl (which is an analogue of Fentanyl), Fentanyl, and Oxycodone. Members of the conspiracy distributed narcotics in and around the Washington Heights neighborhood of Manhattan.
United States v. Roberto Sanchez, et al., 19 Cr. 820
Between January 2019 and November 2019, ROBBERTO SANCHEZ, 41, and JULIO ABREU, 28, conspired to sell heroin, cocaine, and marijuana. Members of the conspiracy distributed narcotics in and around the Washington Heights neighborhood of Manhattan.
United States v. Alberto Marte, 19 Cr. 795
From at least in or about 2018 through in or about 2019, ALBERTO MARTE, a/k/a “Scotty,” a/k/a “Skylet,” 42, JUNIOR RODRIGUEZ, a/k/a “Skrilla,” 23, ERICK MELENCIANO, a/k/a “Gualey,” 26, NICHOLAS FALU, a/k/a “Nico,” 31, KEVIN ROSADO, a/k/a “Malda,” 26, GUERY CRUZ, a/k/a “Capo,” 24, JONATHAN RODRIGUEZ, a/k/a “Nathan,” 31, OMAR BAEZ, a/k/a “Smokey,” 23, SAMUEL SOSA, a/k/a “Sammy,” 21, YOAN DELACRUZ, a/k/a “Johan,” 29, RAYMER CASILLA, a/k/a “Ray Savage,” 23, KEVIN MELENDEZ, a/k/a “Freaky,” 26, and JOSE BAUTISTA, a/k/a “Nelo,” a/k/a “Echo,” 30, conspired to sell oxycodone and possessed firearms in furtherance of that conspiracy.
* * *
Thirteen of the 30 defendants were arrested this morning and will be presented later today before U.S. Magistrate Judge Sarah Netburn in Manhattan federal court. Twelve of the 30 defendants, charged in connection with United States v. Alberto Marte, were arrested on November 13, 2019, and presented before U.S. Magistrate Judge Katharine H. Parker. JOSHUA PEREZ was already in federal custody and will be presented at a later date.
Charts containing the names, charges, and maximum penalties for the defendants are set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the FBI/NYPD Metro Safe Streets Task Force, and he thanked the New York City Department of Investigation for its assistance in the case.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Frank Balsamello, Adam Hobson, Jacob Warren, Celia Cohen, and Dominick Gentile are in charge of the prosecutions.
The charges contained in the Indictments are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
United States v. Neury Abreu, et al., 19 Cr. 821
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
NEURY ABREU,
ALEXANDER DEJESUS, JOSHUA PEREZ,
ALEXANDER BAEZ,
IVAN BREA,
JOSE CRUZ,
LUIS ESPINAL, and
ANTHONY MELO
Life in prison
Mandatory minimum of 10 years in prison
2
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a narcotics trafficking crime
18 U.S.C. § 924(c)
NEURY ABREU,
ALEXANDER DEJESUS, JOSHUA PEREZ
Life in prison
Mandatory minimum of 5 years in prison
3
Felon in possession of a firearm
18 U.S.C. § 922(g)(1)
JOSHUA PEREZ
10 years in prison
4
Felon in possession of a firearm
18 U.S.C. § 922(g)(1)
JOSHUA PEREZ
10 years in prison
United States v. Alexander Melo, et al., 19 Cr. 818
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
ALEXANDER MELO,
JAVIER JANIEL,
FRANMY LUNA, and
JUAN PERALTA,
Life in prison
Mandatory minimum of 10 years in prison
2
Armed Career Criminal Act
18 U.S.C. §§ 922(g)(1) and 924(e)
ALEXANDER MELO
Life in prison
Mandatory minimum of 15 years in prison
United States v. Mario Delgado, et al., 19 Cr. 817
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
MARIO DELGADO,
DANIEL CUEVAS, and EDWARD RODRIGUEZ
Life in prison
Mandatory minimum of 10 years in prison
United States v. Roberto Sanchez, et al., 19 Cr. 820
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
ROBERTO SANCHEZ, and
JULIO ABREU
20 years in in prison
United States v. Alberto Marte, 19 Cr. 795
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
ALBERTO MARTE,
JUNIOR RODRIGUEZ,
ERICK MELENCIANO,
NICHOLAS FALU,
KEVIN ROSADO,
GUERY CRUZ,
JONATHAN RODRIGUEZ,
OMAR BAEZ,
SAMUEL SOSA,
YOAN DELACRUZ,
RAYMER CASILLA,
KEVIN MELENDEZ,
JOSE BAUTISTA
20 years in prison
2
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a narcotics trafficking crime
18 U.S.C. § 924(c)
ALBERTO MARTE,
JUNIOR RODRIGUEZ,
ERICK MELENCIANO,
NICHOLAS FALU,
KEVIN ROSADO,
GUERY CRUZ,
JONATHAN RODRIGUEZ,
OMAR BAEZ,
SAMUEL SOSA,
YOAN DELACRUZ,
RAYMER CASILLA,
KEVIN MELENDEZ,
JOSE BAUTISTA
Life in prison
Mandatory minimum of 5 years in prison
[1] As the introductory phrase signifies, the entirety of the texts of the Indictments constitute only allegations, and every fact described herein should be treated as an allegation.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that one of the leaders of the violent Bronx gang known as “18 Park,” MARQUIS WRIGHT was sentenced yesterday by U.S. District Judge Paul A. Engelmayer to 35 years in prison for firearms offenses in connection with two murders that he helped to commit on behalf of the gang. WRIGHT, 30, had previously pled guilty to two counts of possessing and using firearms in connection with his role in the September 28, 2008, murder of Brandon Howard, 18, and the May 29, 2011, murder of Johnny Moore, 16. WRIGHT’s co-defendant, Jonathan Rodriguez, who also participated in the murder of Brandon Howard, is scheduled to be sentenced on May 24, 2018.
Manhattan U.S. Attorney Geoffrey S. Berman said: “The tragic and senseless murders of Brandon Howard and Johnny Moore reflect the dangers of gang- and drug-related violence in our city. While nothing can bring back Brandon Howard and Johnny Moore, Marquis Wright’s sentence means he will spend decades in prison and not pose a threat to others in the Bronx. I want to thank our law enforcement partners for their tremendous work on this important investigation.”
According to the allegations in court documents, including the Information and a previously filed criminal complaint, and statements made during court proceedings:
From 2006 to 2016, the 18 Park gang operated primarily in and around the Patterson Houses, a New York City public housing development in the Mott Haven area of the Bronx. Members of 18 Park sold crack cocaine and marijuana on a near-daily basis, turning the area in and around the Patterson Houses into an open-air drug market. 18 Park members used firearms and violence to assert the gang’s control over the area. WRIGHT served as one of the leaders of 18 Park, and played an integral role in running the gang’s drug trade.
On September 28, 2008, WRIGHT accompanied Rodriguez to a house party at 315 East 143rd Street in order to confront 18-year-old Brandon Howard, whom WRIGHT and Rodriguez regarded as a rival. Rodriguez brought a gun to the party. Upon arriving at the party, WRIGHT served as a lookout for Rodriguez as Rodriguez confronted Howard in the hallway immediately outside the party and shot Howard to death.
On May 29, 2011, WRIGHT drove another 18 Park member, Wali Burgos, to the vicinity of 2625 Third Avenue so that Burgos could shoot and kill a member of a rival gang. Burgos did not shoot a rival gang member, but instead fired his gun into a crowd and killed 16-year-old Johnny Moore. After the shooting, WRIGHT drove Burgos away from the scene of the crime. Burgos previously pled guilty to racketeering conspiracy and admitted to his role in the murder of Johnny Moore. On January 13, 2017, Burgos was sentenced to 262 months in prison.
Mr. Berman thanked the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, and the New York City Police Department for their work in this investigation.
The case is being prosecuted by the Office’s Violent and Organized Crime Unit. Assistant U.S. Attorneys Max Nicholas, Jordan Estes, Dina McLeod, and Samson Enzer are in charge of the prosecution.
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that two leaders of the violent Bronx gang known as “18 Park” pled guilty yesterday before the U.S. District Judge Paul A. Engelmayer to firearms offenses in connection with murders and racketeering offenses that they engaged in on behalf of the gang. MARQUIS WRIGHT pled guilty to two counts of possessing and using firearms, including in connection with WRIGHT’s role in the September 28, 2008, murder of Brandon Howard, 18, and the May 29, 2011, murder of Johnny Moore, 16. JONATHAN RODRIGUEZ pled guilty on August 10, 2017, to two counts of possessing and using firearms, including in connection with RODRIGUEZ’s role in the murder of Brandon Howard. RODRIGUEZ and WRIGHT are scheduled to be sentenced before Judge Engelmayer on December 12 and December 14, 2017, respectively.
Manhattan Acting U.S. Attorney Joon Kim said: “For years, the 18 Park gang wreaked havoc in the Mott Haven section of the Bronx, forcing law-abiding neighborhood residents to endure regular gunfire, drug dealing, and violent assaults. 18 Park’s pattern of violence culminated in the murders of Brandon Howard and Johnny Moore, two young men whose families were devastated by their loss. We want to thank our law enforcement partners, who have relentlessly pursued justice for Brandon Howard and Johnny Moore, and who have brought 18 Park’s reign of terror to an end.”
According to the allegations in court documents, including the Information and a previously filed criminal complaint, and statements made during court proceedings:
From 2006 to 2016, the 18 Park gang operated primarily in and around the Patterson Houses, a New York City public housing development in the Mott Haven area of the Bronx. Members of 18 Park sold crack cocaine and marijuana on a near-daily basis, turning the area in and around the Patterson Houses into an open-air drug market. 18 Park members used firearms and violence to assert the gang’s control over the area. Both WRIGHT and RODRIGUEZ served as leaders of 18 Park, and were integral to the success of its drug trade.
On September 28, 2008, RODRIGUEZ confronted 18-year-old Brandon Howard in the hallway immediately outside a house party at 315 East 143rd Street, and shot him to death. WRIGHT accompanied RODRIGUEZ to the party and aided and abetted his commission of the murder.
On May 29, 2011, Marquis WRIGHT drove another 18 Park member, Wali Burgos, to the vicinity of 2625 Third Avenue so that Burgos could shoot and kill a member of a rival gang. Burgos did not shoot a rival gang member, but instead fired his gun into a crowd and killed 16-year-old Johnny Moore. After the shooting, WRIGHT drove Burgos away from the scene of the crime. Burgos previously pled guilty to racketeering conspiracy and admitted to his role in the murder of Johnny Moore. On January 13, 2017, Burgos was sentenced to 262 months in prison.
WRIGHT, 29, faces a mandatory minimum sentence of 35 years, and RODRIGUEZ, 28, faces a mandatory minimum sentence of 30 years. With the guilty pleas of WRIGHT and RODRIGUEZ, 25 members of 18 Park have now been convicted by this Office of racketeering, firearms, and narcotics offenses.
Mr. Kim thanked the ATF, the DEA, and the NYPD for their work in this three-year investigation.
The case is being prosecuted by the Office’s Violent and Organized Crime Unit. Assistant U.S. Attorneys Max Nicholas, Jordan Estes, and Samson Enzer are in charge of the prosecution.
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
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Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
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Description: The status of the defendant as assigned by the AOUSC
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Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the second highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE2
Format: N2
Description: The four digit AO offense code associated with FTITLE2
Format: A4
Description: The four digit D2 offense code associated with FTITLE2
Format: A4
Description: A code indicating the severity associated with FTITLE2
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of five Indictments charging 30 defendants with committing various narcotics and firearms offenses in Manhattan and the Bronx.
As alleged in the Indictments unsealed in Manhattan federal court[1]:
United States v. Neury Abreu, et al., 19 Cr. 821
Between January 2016 and November 2019, NEURY ABREU, 26, ALEXANDER DEJESUS, 27, JOSHUA PEREZ, 27, ALEXANDER BAEZ, 46, IVAN BREA, 28, JOSE CRUZ, 22, LUIS ESPINAL, 30, and ANTHONY MELO, 19, conspired to sell 280 grams or more of crack cocaine, cocaine, Oxycodone, and marijuana. Members of the conspiracy distributed narcotics in and around the Inwood neighborhood of Manhattan.
Between January 2016 and November 2019, ABREU, DEJESUS, and PEREZ used and carried firearms during and in relation to, and possessed firearms in furtherance of, the narcotics conspiracy charged in the Indictment. PEREZ also possessed a firearm on or about July 8, 2019, and on or about July 11, 2019, after having previously been convicted of a felony.
United States v. Alexander Melo, et al., 19 Cr. 818
Between April 2019 and November 2019, ALEXANDER MELO, 28, JAVIER JANIEL, 23, FRANMY LUNA, 24, and JUAN PERALTA, 25, conspired to sell 280 grams or more of crack cocaine, and cocaine. Members of the conspiracy distributed narcotics in and around the Inwood neighborhood of Manhattan.
On or about October 9, 2018, MELO possessed a shotgun after having been convicted of a felony, and having had three convictions for three serious drug offenses, all of which were committed on occasions different from one another, in violation of the Armed Career Criminal Act.
United States v. Mario Delgado, et al., 19 Cr. 817
Between October 2018 and November 2019, MARIO DELGADO, 32, DANIEL CUEVAS, 27, and EDWARD RODRIGUEZ, 30, conspired to sell 100 grams and more of Acetyl Fentanyl (which is an analogue of Fentanyl), Fentanyl, and Oxycodone. Members of the conspiracy distributed narcotics in and around the Washington Heights neighborhood of Manhattan.
United States v. Roberto Sanchez, et al., 19 Cr. 820
Between January 2019 and November 2019, ROBBERTO SANCHEZ, 41, and JULIO ABREU, 28, conspired to sell heroin, cocaine, and marijuana. Members of the conspiracy distributed narcotics in and around the Washington Heights neighborhood of Manhattan.
United States v. Alberto Marte, 19 Cr. 795
From at least in or about 2018 through in or about 2019, ALBERTO MARTE, a/k/a “Scotty,” a/k/a “Skylet,” 42, JUNIOR RODRIGUEZ, a/k/a “Skrilla,” 23, ERICK MELENCIANO, a/k/a “Gualey,” 26, NICHOLAS FALU, a/k/a “Nico,” 31, KEVIN ROSADO, a/k/a “Malda,” 26, GUERY CRUZ, a/k/a “Capo,” 24, JONATHAN RODRIGUEZ, a/k/a “Nathan,” 31, OMAR BAEZ, a/k/a “Smokey,” 23, SAMUEL SOSA, a/k/a “Sammy,” 21, YOAN DELACRUZ, a/k/a “Johan,” 29, RAYMER CASILLA, a/k/a “Ray Savage,” 23, KEVIN MELENDEZ, a/k/a “Freaky,” 26, and JOSE BAUTISTA, a/k/a “Nelo,” a/k/a “Echo,” 30, conspired to sell oxycodone and possessed firearms in furtherance of that conspiracy.
* * *
Thirteen of the 30 defendants were arrested this morning and will be presented later today before U.S. Magistrate Judge Sarah Netburn in Manhattan federal court. Twelve of the 30 defendants, charged in connection with United States v. Alberto Marte, were arrested on November 13, 2019, and presented before U.S. Magistrate Judge Katharine H. Parker. JOSHUA PEREZ was already in federal custody and will be presented at a later date.
Charts containing the names, charges, and maximum penalties for the defendants are set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the FBI/NYPD Metro Safe Streets Task Force, and he thanked the New York City Department of Investigation for its assistance in the case.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Frank Balsamello, Adam Hobson, Jacob Warren, Celia Cohen, and Dominick Gentile are in charge of the prosecutions.
The charges contained in the Indictments are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
United States v. Neury Abreu, et al., 19 Cr. 821
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
NEURY ABREU,
ALEXANDER DEJESUS, JOSHUA PEREZ,
ALEXANDER BAEZ,
IVAN BREA,
JOSE CRUZ,
LUIS ESPINAL, and
ANTHONY MELO
Life in prison
Mandatory minimum of 10 years in prison
2
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a narcotics trafficking crime
18 U.S.C. § 924(c)
NEURY ABREU,
ALEXANDER DEJESUS, JOSHUA PEREZ
Life in prison
Mandatory minimum of 5 years in prison
3
Felon in possession of a firearm
18 U.S.C. § 922(g)(1)
JOSHUA PEREZ
10 years in prison
4
Felon in possession of a firearm
18 U.S.C. § 922(g)(1)
JOSHUA PEREZ
10 years in prison
United States v. Alexander Melo, et al., 19 Cr. 818
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
ALEXANDER MELO,
JAVIER JANIEL,
FRANMY LUNA, and
JUAN PERALTA,
Life in prison
Mandatory minimum of 10 years in prison
2
Armed Career Criminal Act
18 U.S.C. §§ 922(g)(1) and 924(e)
ALEXANDER MELO
Life in prison
Mandatory minimum of 15 years in prison
United States v. Mario Delgado, et al., 19 Cr. 817
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
MARIO DELGADO,
DANIEL CUEVAS, and EDWARD RODRIGUEZ
Life in prison
Mandatory minimum of 10 years in prison
United States v. Roberto Sanchez, et al., 19 Cr. 820
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
ROBERTO SANCHEZ, and
JULIO ABREU
20 years in in prison
United States v. Alberto Marte, 19 Cr. 795
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
ALBERTO MARTE,
JUNIOR RODRIGUEZ,
ERICK MELENCIANO,
NICHOLAS FALU,
KEVIN ROSADO,
GUERY CRUZ,
JONATHAN RODRIGUEZ,
OMAR BAEZ,
SAMUEL SOSA,
YOAN DELACRUZ,
RAYMER CASILLA,
KEVIN MELENDEZ,
JOSE BAUTISTA
20 years in prison
2
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a narcotics trafficking crime
18 U.S.C. § 924(c)
ALBERTO MARTE,
JUNIOR RODRIGUEZ,
ERICK MELENCIANO,
NICHOLAS FALU,
KEVIN ROSADO,
GUERY CRUZ,
JONATHAN RODRIGUEZ,
OMAR BAEZ,
SAMUEL SOSA,
YOAN DELACRUZ,
RAYMER CASILLA,
KEVIN MELENDEZ,
JOSE BAUTISTA
Life in prison
Mandatory minimum of 5 years in prison
[1] As the introductory phrase signifies, the entirety of the texts of the Indictments constitute only allegations, and every fact described herein should be treated as an allegation.
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of five Indictments charging 30 defendants with committing various narcotics and firearms offenses in Manhattan and the Bronx.
As alleged in the Indictments unsealed in Manhattan federal court[1]:
United States v. Neury Abreu, et al., 19 Cr. 821
Between January 2016 and November 2019, NEURY ABREU, 26, ALEXANDER DEJESUS, 27, JOSHUA PEREZ, 27, ALEXANDER BAEZ, 46, IVAN BREA, 28, JOSE CRUZ, 22, LUIS ESPINAL, 30, and ANTHONY MELO, 19, conspired to sell 280 grams or more of crack cocaine, cocaine, Oxycodone, and marijuana. Members of the conspiracy distributed narcotics in and around the Inwood neighborhood of Manhattan.
Between January 2016 and November 2019, ABREU, DEJESUS, and PEREZ used and carried firearms during and in relation to, and possessed firearms in furtherance of, the narcotics conspiracy charged in the Indictment. PEREZ also possessed a firearm on or about July 8, 2019, and on or about July 11, 2019, after having previously been convicted of a felony.
United States v. Alexander Melo, et al., 19 Cr. 818
Between April 2019 and November 2019, ALEXANDER MELO, 28, JAVIER JANIEL, 23, FRANMY LUNA, 24, and JUAN PERALTA, 25, conspired to sell 280 grams or more of crack cocaine, and cocaine. Members of the conspiracy distributed narcotics in and around the Inwood neighborhood of Manhattan.
On or about October 9, 2018, MELO possessed a shotgun after having been convicted of a felony, and having had three convictions for three serious drug offenses, all of which were committed on occasions different from one another, in violation of the Armed Career Criminal Act.
United States v. Mario Delgado, et al., 19 Cr. 817
Between October 2018 and November 2019, MARIO DELGADO, 32, DANIEL CUEVAS, 27, and EDWARD RODRIGUEZ, 30, conspired to sell 100 grams and more of Acetyl Fentanyl (which is an analogue of Fentanyl), Fentanyl, and Oxycodone. Members of the conspiracy distributed narcotics in and around the Washington Heights neighborhood of Manhattan.
United States v. Roberto Sanchez, et al., 19 Cr. 820
Between January 2019 and November 2019, ROBBERTO SANCHEZ, 41, and JULIO ABREU, 28, conspired to sell heroin, cocaine, and marijuana. Members of the conspiracy distributed narcotics in and around the Washington Heights neighborhood of Manhattan.
United States v. Alberto Marte, 19 Cr. 795
From at least in or about 2018 through in or about 2019, ALBERTO MARTE, a/k/a “Scotty,” a/k/a “Skylet,” 42, JUNIOR RODRIGUEZ, a/k/a “Skrilla,” 23, ERICK MELENCIANO, a/k/a “Gualey,” 26, NICHOLAS FALU, a/k/a “Nico,” 31, KEVIN ROSADO, a/k/a “Malda,” 26, GUERY CRUZ, a/k/a “Capo,” 24, JONATHAN RODRIGUEZ, a/k/a “Nathan,” 31, OMAR BAEZ, a/k/a “Smokey,” 23, SAMUEL SOSA, a/k/a “Sammy,” 21, YOAN DELACRUZ, a/k/a “Johan,” 29, RAYMER CASILLA, a/k/a “Ray Savage,” 23, KEVIN MELENDEZ, a/k/a “Freaky,” 26, and JOSE BAUTISTA, a/k/a “Nelo,” a/k/a “Echo,” 30, conspired to sell oxycodone and possessed firearms in furtherance of that conspiracy.
* * *
Thirteen of the 30 defendants were arrested this morning and will be presented later today before U.S. Magistrate Judge Sarah Netburn in Manhattan federal court. Twelve of the 30 defendants, charged in connection with United States v. Alberto Marte, were arrested on November 13, 2019, and presented before U.S. Magistrate Judge Katharine H. Parker. JOSHUA PEREZ was already in federal custody and will be presented at a later date.
Charts containing the names, charges, and maximum penalties for the defendants are set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the FBI/NYPD Metro Safe Streets Task Force, and he thanked the New York City Department of Investigation for its assistance in the case.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Frank Balsamello, Adam Hobson, Jacob Warren, Celia Cohen, and Dominick Gentile are in charge of the prosecutions.
The charges contained in the Indictments are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
United States v. Neury Abreu, et al., 19 Cr. 821
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
NEURY ABREU,
ALEXANDER DEJESUS, JOSHUA PEREZ,
ALEXANDER BAEZ,
IVAN BREA,
JOSE CRUZ,
LUIS ESPINAL, and
ANTHONY MELO
Life in prison
Mandatory minimum of 10 years in prison
2
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a narcotics trafficking crime
18 U.S.C. § 924(c)
NEURY ABREU,
ALEXANDER DEJESUS, JOSHUA PEREZ
Life in prison
Mandatory minimum of 5 years in prison
3
Felon in possession of a firearm
18 U.S.C. § 922(g)(1)
JOSHUA PEREZ
10 years in prison
4
Felon in possession of a firearm
18 U.S.C. § 922(g)(1)
JOSHUA PEREZ
10 years in prison
United States v. Alexander Melo, et al., 19 Cr. 818
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
ALEXANDER MELO,
JAVIER JANIEL,
FRANMY LUNA, and
JUAN PERALTA,
Life in prison
Mandatory minimum of 10 years in prison
2
Armed Career Criminal Act
18 U.S.C. §§ 922(g)(1) and 924(e)
ALEXANDER MELO
Life in prison
Mandatory minimum of 15 years in prison
United States v. Mario Delgado, et al., 19 Cr. 817
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
MARIO DELGADO,
DANIEL CUEVAS, and EDWARD RODRIGUEZ
Life in prison
Mandatory minimum of 10 years in prison
United States v. Roberto Sanchez, et al., 19 Cr. 820
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
ROBERTO SANCHEZ, and
JULIO ABREU
20 years in in prison
United States v. Alberto Marte, 19 Cr. 795
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
ALBERTO MARTE,
JUNIOR RODRIGUEZ,
ERICK MELENCIANO,
NICHOLAS FALU,
KEVIN ROSADO,
GUERY CRUZ,
JONATHAN RODRIGUEZ,
OMAR BAEZ,
SAMUEL SOSA,
YOAN DELACRUZ,
RAYMER CASILLA,
KEVIN MELENDEZ,
JOSE BAUTISTA
20 years in prison
2
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a narcotics trafficking crime
18 U.S.C. § 924(c)
ALBERTO MARTE,
JUNIOR RODRIGUEZ,
ERICK MELENCIANO,
NICHOLAS FALU,
KEVIN ROSADO,
GUERY CRUZ,
JONATHAN RODRIGUEZ,
OMAR BAEZ,
SAMUEL SOSA,
YOAN DELACRUZ,
RAYMER CASILLA,
KEVIN MELENDEZ,
JOSE BAUTISTA
Life in prison
Mandatory minimum of 5 years in prison
[1] As the introductory phrase signifies, the entirety of the texts of the Indictments constitute only allegations, and every fact described herein should be treated as an allegation.
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the second highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE2
Format: N2
Description: The four digit AO offense code associated with FTITLE2
Format: A4
Description: The four digit D2 offense code associated with FTITLE2
Format: A4
Description: A code indicating the severity associated with FTITLE2
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of five Indictments charging 30 defendants with committing various narcotics and firearms offenses in Manhattan and the Bronx.
As alleged in the Indictments unsealed in Manhattan federal court[1]:
United States v. Neury Abreu, et al., 19 Cr. 821
Between January 2016 and November 2019, NEURY ABREU, 26, ALEXANDER DEJESUS, 27, JOSHUA PEREZ, 27, ALEXANDER BAEZ, 46, IVAN BREA, 28, JOSE CRUZ, 22, LUIS ESPINAL, 30, and ANTHONY MELO, 19, conspired to sell 280 grams or more of crack cocaine, cocaine, Oxycodone, and marijuana. Members of the conspiracy distributed narcotics in and around the Inwood neighborhood of Manhattan.
Between January 2016 and November 2019, ABREU, DEJESUS, and PEREZ used and carried firearms during and in relation to, and possessed firearms in furtherance of, the narcotics conspiracy charged in the Indictment. PEREZ also possessed a firearm on or about July 8, 2019, and on or about July 11, 2019, after having previously been convicted of a felony.
United States v. Alexander Melo, et al., 19 Cr. 818
Between April 2019 and November 2019, ALEXANDER MELO, 28, JAVIER JANIEL, 23, FRANMY LUNA, 24, and JUAN PERALTA, 25, conspired to sell 280 grams or more of crack cocaine, and cocaine. Members of the conspiracy distributed narcotics in and around the Inwood neighborhood of Manhattan.
On or about October 9, 2018, MELO possessed a shotgun after having been convicted of a felony, and having had three convictions for three serious drug offenses, all of which were committed on occasions different from one another, in violation of the Armed Career Criminal Act.
United States v. Mario Delgado, et al., 19 Cr. 817
Between October 2018 and November 2019, MARIO DELGADO, 32, DANIEL CUEVAS, 27, and EDWARD RODRIGUEZ, 30, conspired to sell 100 grams and more of Acetyl Fentanyl (which is an analogue of Fentanyl), Fentanyl, and Oxycodone. Members of the conspiracy distributed narcotics in and around the Washington Heights neighborhood of Manhattan.
United States v. Roberto Sanchez, et al., 19 Cr. 820
Between January 2019 and November 2019, ROBBERTO SANCHEZ, 41, and JULIO ABREU, 28, conspired to sell heroin, cocaine, and marijuana. Members of the conspiracy distributed narcotics in and around the Washington Heights neighborhood of Manhattan.
United States v. Alberto Marte, 19 Cr. 795
From at least in or about 2018 through in or about 2019, ALBERTO MARTE, a/k/a “Scotty,” a/k/a “Skylet,” 42, JUNIOR RODRIGUEZ, a/k/a “Skrilla,” 23, ERICK MELENCIANO, a/k/a “Gualey,” 26, NICHOLAS FALU, a/k/a “Nico,” 31, KEVIN ROSADO, a/k/a “Malda,” 26, GUERY CRUZ, a/k/a “Capo,” 24, JONATHAN RODRIGUEZ, a/k/a “Nathan,” 31, OMAR BAEZ, a/k/a “Smokey,” 23, SAMUEL SOSA, a/k/a “Sammy,” 21, YOAN DELACRUZ, a/k/a “Johan,” 29, RAYMER CASILLA, a/k/a “Ray Savage,” 23, KEVIN MELENDEZ, a/k/a “Freaky,” 26, and JOSE BAUTISTA, a/k/a “Nelo,” a/k/a “Echo,” 30, conspired to sell oxycodone and possessed firearms in furtherance of that conspiracy.
* * *
Thirteen of the 30 defendants were arrested this morning and will be presented later today before U.S. Magistrate Judge Sarah Netburn in Manhattan federal court. Twelve of the 30 defendants, charged in connection with United States v. Alberto Marte, were arrested on November 13, 2019, and presented before U.S. Magistrate Judge Katharine H. Parker. JOSHUA PEREZ was already in federal custody and will be presented at a later date.
Charts containing the names, charges, and maximum penalties for the defendants are set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the FBI/NYPD Metro Safe Streets Task Force, and he thanked the New York City Department of Investigation for its assistance in the case.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Frank Balsamello, Adam Hobson, Jacob Warren, Celia Cohen, and Dominick Gentile are in charge of the prosecutions.
The charges contained in the Indictments are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
United States v. Neury Abreu, et al., 19 Cr. 821
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
NEURY ABREU,
ALEXANDER DEJESUS, JOSHUA PEREZ,
ALEXANDER BAEZ,
IVAN BREA,
JOSE CRUZ,
LUIS ESPINAL, and
ANTHONY MELO
Life in prison
Mandatory minimum of 10 years in prison
2
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a narcotics trafficking crime
18 U.S.C. § 924(c)
NEURY ABREU,
ALEXANDER DEJESUS, JOSHUA PEREZ
Life in prison
Mandatory minimum of 5 years in prison
3
Felon in possession of a firearm
18 U.S.C. § 922(g)(1)
JOSHUA PEREZ
10 years in prison
4
Felon in possession of a firearm
18 U.S.C. § 922(g)(1)
JOSHUA PEREZ
10 years in prison
United States v. Alexander Melo, et al., 19 Cr. 818
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
ALEXANDER MELO,
JAVIER JANIEL,
FRANMY LUNA, and
JUAN PERALTA,
Life in prison
Mandatory minimum of 10 years in prison
2
Armed Career Criminal Act
18 U.S.C. §§ 922(g)(1) and 924(e)
ALEXANDER MELO
Life in prison
Mandatory minimum of 15 years in prison
United States v. Mario Delgado, et al., 19 Cr. 817
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
MARIO DELGADO,
DANIEL CUEVAS, and EDWARD RODRIGUEZ
Life in prison
Mandatory minimum of 10 years in prison
United States v. Roberto Sanchez, et al., 19 Cr. 820
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
ROBERTO SANCHEZ, and
JULIO ABREU
20 years in in prison
United States v. Alberto Marte, 19 Cr. 795
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
ALBERTO MARTE,
JUNIOR RODRIGUEZ,
ERICK MELENCIANO,
NICHOLAS FALU,
KEVIN ROSADO,
GUERY CRUZ,
JONATHAN RODRIGUEZ,
OMAR BAEZ,
SAMUEL SOSA,
YOAN DELACRUZ,
RAYMER CASILLA,
KEVIN MELENDEZ,
JOSE BAUTISTA
20 years in prison
2
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a narcotics trafficking crime
18 U.S.C. § 924(c)
ALBERTO MARTE,
JUNIOR RODRIGUEZ,
ERICK MELENCIANO,
NICHOLAS FALU,
KEVIN ROSADO,
GUERY CRUZ,
JONATHAN RODRIGUEZ,
OMAR BAEZ,
SAMUEL SOSA,
YOAN DELACRUZ,
RAYMER CASILLA,
KEVIN MELENDEZ,
JOSE BAUTISTA
Life in prison
Mandatory minimum of 5 years in prison
[1] As the introductory phrase signifies, the entirety of the texts of the Indictments constitute only allegations, and every fact described herein should be treated as an allegation.
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of five Indictments charging 30 defendants with committing various narcotics and firearms offenses in Manhattan and the Bronx.
As alleged in the Indictments unsealed in Manhattan federal court[1]:
United States v. Neury Abreu, et al., 19 Cr. 821
Between January 2016 and November 2019, NEURY ABREU, 26, ALEXANDER DEJESUS, 27, JOSHUA PEREZ, 27, ALEXANDER BAEZ, 46, IVAN BREA, 28, JOSE CRUZ, 22, LUIS ESPINAL, 30, and ANTHONY MELO, 19, conspired to sell 280 grams or more of crack cocaine, cocaine, Oxycodone, and marijuana. Members of the conspiracy distributed narcotics in and around the Inwood neighborhood of Manhattan.
Between January 2016 and November 2019, ABREU, DEJESUS, and PEREZ used and carried firearms during and in relation to, and possessed firearms in furtherance of, the narcotics conspiracy charged in the Indictment. PEREZ also possessed a firearm on or about July 8, 2019, and on or about July 11, 2019, after having previously been convicted of a felony.
United States v. Alexander Melo, et al., 19 Cr. 818
Between April 2019 and November 2019, ALEXANDER MELO, 28, JAVIER JANIEL, 23, FRANMY LUNA, 24, and JUAN PERALTA, 25, conspired to sell 280 grams or more of crack cocaine, and cocaine. Members of the conspiracy distributed narcotics in and around the Inwood neighborhood of Manhattan.
On or about October 9, 2018, MELO possessed a shotgun after having been convicted of a felony, and having had three convictions for three serious drug offenses, all of which were committed on occasions different from one another, in violation of the Armed Career Criminal Act.
United States v. Mario Delgado, et al., 19 Cr. 817
Between October 2018 and November 2019, MARIO DELGADO, 32, DANIEL CUEVAS, 27, and EDWARD RODRIGUEZ, 30, conspired to sell 100 grams and more of Acetyl Fentanyl (which is an analogue of Fentanyl), Fentanyl, and Oxycodone. Members of the conspiracy distributed narcotics in and around the Washington Heights neighborhood of Manhattan.
United States v. Roberto Sanchez, et al., 19 Cr. 820
Between January 2019 and November 2019, ROBBERTO SANCHEZ, 41, and JULIO ABREU, 28, conspired to sell heroin, cocaine, and marijuana. Members of the conspiracy distributed narcotics in and around the Washington Heights neighborhood of Manhattan.
United States v. Alberto Marte, 19 Cr. 795
From at least in or about 2018 through in or about 2019, ALBERTO MARTE, a/k/a “Scotty,” a/k/a “Skylet,” 42, JUNIOR RODRIGUEZ, a/k/a “Skrilla,” 23, ERICK MELENCIANO, a/k/a “Gualey,” 26, NICHOLAS FALU, a/k/a “Nico,” 31, KEVIN ROSADO, a/k/a “Malda,” 26, GUERY CRUZ, a/k/a “Capo,” 24, JONATHAN RODRIGUEZ, a/k/a “Nathan,” 31, OMAR BAEZ, a/k/a “Smokey,” 23, SAMUEL SOSA, a/k/a “Sammy,” 21, YOAN DELACRUZ, a/k/a “Johan,” 29, RAYMER CASILLA, a/k/a “Ray Savage,” 23, KEVIN MELENDEZ, a/k/a “Freaky,” 26, and JOSE BAUTISTA, a/k/a “Nelo,” a/k/a “Echo,” 30, conspired to sell oxycodone and possessed firearms in furtherance of that conspiracy.
* * *
Thirteen of the 30 defendants were arrested this morning and will be presented later today before U.S. Magistrate Judge Sarah Netburn in Manhattan federal court. Twelve of the 30 defendants, charged in connection with United States v. Alberto Marte, were arrested on November 13, 2019, and presented before U.S. Magistrate Judge Katharine H. Parker. JOSHUA PEREZ was already in federal custody and will be presented at a later date.
Charts containing the names, charges, and maximum penalties for the defendants are set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the FBI/NYPD Metro Safe Streets Task Force, and he thanked the New York City Department of Investigation for its assistance in the case.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Frank Balsamello, Adam Hobson, Jacob Warren, Celia Cohen, and Dominick Gentile are in charge of the prosecutions.
The charges contained in the Indictments are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
United States v. Neury Abreu, et al., 19 Cr. 821
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
NEURY ABREU,
ALEXANDER DEJESUS, JOSHUA PEREZ,
ALEXANDER BAEZ,
IVAN BREA,
JOSE CRUZ,
LUIS ESPINAL, and
ANTHONY MELO
Life in prison
Mandatory minimum of 10 years in prison
2
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a narcotics trafficking crime
18 U.S.C. § 924(c)
NEURY ABREU,
ALEXANDER DEJESUS, JOSHUA PEREZ
Life in prison
Mandatory minimum of 5 years in prison
3
Felon in possession of a firearm
18 U.S.C. § 922(g)(1)
JOSHUA PEREZ
10 years in prison
4
Felon in possession of a firearm
18 U.S.C. § 922(g)(1)
JOSHUA PEREZ
10 years in prison
United States v. Alexander Melo, et al., 19 Cr. 818
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
ALEXANDER MELO,
JAVIER JANIEL,
FRANMY LUNA, and
JUAN PERALTA,
Life in prison
Mandatory minimum of 10 years in prison
2
Armed Career Criminal Act
18 U.S.C. §§ 922(g)(1) and 924(e)
ALEXANDER MELO
Life in prison
Mandatory minimum of 15 years in prison
United States v. Mario Delgado, et al., 19 Cr. 817
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
MARIO DELGADO,
DANIEL CUEVAS, and EDWARD RODRIGUEZ
Life in prison
Mandatory minimum of 10 years in prison
United States v. Roberto Sanchez, et al., 19 Cr. 820
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
ROBERTO SANCHEZ, and
JULIO ABREU
20 years in in prison
United States v. Alberto Marte, 19 Cr. 795
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
ALBERTO MARTE,
JUNIOR RODRIGUEZ,
ERICK MELENCIANO,
NICHOLAS FALU,
KEVIN ROSADO,
GUERY CRUZ,
JONATHAN RODRIGUEZ,
OMAR BAEZ,
SAMUEL SOSA,
YOAN DELACRUZ,
RAYMER CASILLA,
KEVIN MELENDEZ,
JOSE BAUTISTA
20 years in prison
2
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a narcotics trafficking crime
18 U.S.C. § 924(c)
ALBERTO MARTE,
JUNIOR RODRIGUEZ,
ERICK MELENCIANO,
NICHOLAS FALU,
KEVIN ROSADO,
GUERY CRUZ,
JONATHAN RODRIGUEZ,
OMAR BAEZ,
SAMUEL SOSA,
YOAN DELACRUZ,
RAYMER CASILLA,
KEVIN MELENDEZ,
JOSE BAUTISTA
Life in prison
Mandatory minimum of 5 years in prison
[1] As the introductory phrase signifies, the entirety of the texts of the Indictments constitute only allegations, and every fact described herein should be treated as an allegation.
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, James G. Hunt, Special Agent in Charge of the New York Field Office of the Drug Enforcement Administration (“DEA”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced today the unsealing of an Indictment charging seven members of the “MMOB” drug trafficking organization with participating in a narcotics trafficking conspiracy. The case has been assigned to United States District Judge Paul G. Gardephe. Six of the defendants are currently in custody, and were presented before United States Magistrate Judge Kevin Nathaniel Fox later this afternoon.
Acting Manhattan U.S. Attorney Joon H. Kim said: “With today’s indictment of seven alleged members of a drug trafficking organization, we seek to stem the flow of drugs and the havoc they wrought on the Norwood neighborhood of the Bronx. As the Indictment alleges, these defendants trafficked in all types of drugs, including crack cocaine, cocaine, oxycodone and marijuana, and peddled them on the streets, by delivery, and out of apartment buildings in the area. I thank our partners at the NYPD and DEA for their continued commitment to combatting drug trafficking and making our city safer.”
Special Agent in Charge James J. Hunt said: “Law enforcement’s collaboration since last summer has led to the indictments of members of the MMOB crew on narcotics conspiracy charges. The Norwood section of the Bronx has been plagued by these individuals for some time and today’s efforts are a step in reclaiming this neighborhood for the community. These gang members allegedly trafficked a myriad of drugs to include strong prescription narcotics, which is a focus of our current investigative efforts, as these drugs are causing serious issues for our citizens.”
Police Commissioner James P. O’Neill said: “This indictment is another example of the NYPD’s commitment to hold responsible those who distribute narcotics into our communities. I commend the work of the NYPD investigators involved and our federal partners who continue to work tirelessly to protect our communities.”
As alleged in the Indictment and in other court papers[1]:
The MMOB crew (“Mosholu Money Over Bitches”) is a group of individuals who are engaged in narcotics trafficking in the vicinity of Gates Place, Knox Place, and Mosholu Parkway, in the Norwood neighborhood of the Bronx (the “MMOB DTO”). From July 2016 up to April 2017, in the Southern District of New York and elsewhere, JOSHUA PEREZ a/k/a “Link,” JAVIER COLLAZO, HIRAM COLLAZO, a/k/a “Alex, NATALIE JUSINO, KEVIN MIESES, AMAURY MODESTO, and ANDREW PEREZ conspired to distribute significant amounts of narcotics, including crack cocaine, cocaine, oxycodone, and marijuana, in and around the Norwood neighborhood of the Bronx, on a daily basis. The MMOB DTO controlled narcotics sales between Gates Place and Knox Place, primarily between Mosholu Parkway and West Gun Hill Road, including by selling on the streets and in and around apartment buildings in that area.
Each defendant is charged with one count of conspiracy to distribute narcotics, which carries a maximum sentence of life in prison. The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge. A chart with the defendants’ ages and residences is below.
All of the defendants except for JOSHUA PEREZ, who remains at large, are in custody.
Mr. Kim thanked the DEA and the NYPD for their work on the investigation.
The case is being prosecuted by the Office’s Narcotics Unit. Assistant U.S. Attorneys Eli J. Mark and Jilan J. Kamal are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
DEFENDANT
AGE
RESIDENCE
JOSHUA PEREZ a/k/a “Link”
30
Bronx, New York
JAVIER COLLAZO
20
Bronx, New York
HIRAM COLLAZO, a/k/a “Alex”
19
Bronx, New York
NATALIE JUSINO, a/k/a “Papo”
34
Bronx, New York
KEVIN MIESES
25
Bronx, New York
AMAURY MODESTO
37
Bronx, New York
ANDREW PEREZ
24
Bronx, New York
[1] As the introductory phrase signifies, the entirety of the text of the Indictment constitutes only allegations, and every fact described should be treated as an allegation.
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the second highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE2
Format: N2
Description: The four digit AO offense code associated with FTITLE2
Format: A4
Description: The four digit D2 offense code associated with FTITLE2
Format: A4
Description: A code indicating the severity associated with FTITLE2
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that STEVEN BROWN, a/k/a “BI,” pled guilty today to participating in a murder in connection with a drug crime for his role in the August 2, 2009, murder of Derrick Moore in the Bronx. BROWN pled before U.S. District Judge Katherine Polk Failla.
Manhattan U.S. Attorney Geoffrey Berman said: “Almost 10 years ago to the day, Steven Brown, the leader of a violent, drug-dealing street crew, ordered the killing of rival street crewmember, Derrick Moore. We are committed to combating gang violence, and today’s guilty plea shows that no passage of time will stop us from bringing perpetrators of violence to justice.”
According to the allegations contained in the Indictment and statements made in court:
The Taylor Avenue Crew was a criminal enterprise that operated principally in and around the Bronx from at least 2007 up to and including 2015. The Taylor Avenue Crew sold cocaine base, commonly known as “crack cocaine,” primarily in and around Taylor Avenue in the Bronx. The Taylor Avenue Crew controlled crack cocaine sales within this area by prohibiting and preventing non-members, outsiders, and rival narcotics dealers from distributing crack cocaine in the area controlled by the Crew. The Taylor Avenue Crew also committed acts of violence in the area against rival gangs, including assaults, attempted murder, and murder.
Members and associates of the Taylor Avenue Crew also allied themselves with crews from nearby areas of the Bronx. One such crew included the Creston Avenue Crew, a criminal enterprise that operated principally in and around the Bronx, New York, from at least 2003 up to and including 2011 and whose members sold cocaine and marijuana primarily in and around Creston Avenue in the Bronx. Members of the Taylor and Creston Avenue Crews associated with each other and assisted each other by, among other things, carrying out acts of violence on each other’s behalf upon request by the leaders of the respective crews. One such act of violence was the murder of 22-year-old Derrick Moore. In August 2009, after escalating violence between the Taylor Avenue Crew and a rival crew, BROWN, who was the head of the Taylor Avenue Crew, ordered the murder of Moore. To carry out the murder, BROWN requested the assistance of the Creston Avenue Crew, whose members then shot and killed Moore.
* * *
BROWN, 40, of the Bronx, New York, pled guilty to one count of murder while engaged in a narcotics trafficking offense, which carries a maximum sentence of life imprisonment and a mandatory minimum sentence of 20 years in prison. He will be sentenced by Judge Failla on December 4, 2019.
Luis Ortiz, one of BROWN’s co-defendants, pled guilty on July 24, 2019, to murder through use of a firearm in connection with a drug crime, and faces a maximum sentence of life imprisonment and a mandatory minimum sentence of five years in prison. Ortiz is scheduled to be sentenced on October 18, 2019.
Trial for an additional co-defendant, Rafael Reyes, is scheduled to begin on September 30, 2019. The description of the offense set forth in this release are merely allegations and Reyes is innocent until proven guilty.
Mr. Berman praised the outstanding investigative work of the New York City Police Department, the Drug Enforcement Administration, Homeland Security Investigations, and the FBI. Mr. Berman also thanked the United States Attorney’s Office for the Middle District of Pennsylvania for their assistance.
Assistant U.S. Attorneys Maurene Comey, Jessica Lonergan, and Jason Swergold are in charge of the prosecution. The case is being handled by the Office’s Violent and Organized Crime Unit.
Geoffrey S. Berman, United States Attorney for the Southern District of New York, announced today the unsealing of an indictment charging four defendants with a multi-year conspiracy to distribute one kilogram or more of heroin in or around Middletown, New York. Three defendants were arrested today in Orange County, New York, and were presented this afternoon before U.S. Magistrate Judge Paul E. Davison, who ordered the defendants held without bail. One additional defendant was arrested today in the Eastern District of Pennsylvania and was presented in federal court in that district.
As alleged in the Indictment,[1] from at least in or about 2015 up to and including in or about 2018, LUIS ORTIZ, a/k/a “Colla,” FELIX VELEZ, CARMEN TORRES, a/k/a “Evaliz,” and JOSE COLON conspired to distribute one kilogram and more of a mixture and substance containing a detectable amount of heroin.
The defendants each face a maximum sentence of life imprisonment, and a mandatory minimum term of 10 years in prison. The statutory maximum and minimum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants would be determined by the respective judges.
Mr. Berman praised the outstanding investigative work of the FBI, the New York State Police, the City of Middletown Police Department, and the Orange County Sheriff’s Office.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
This case is being handled by the Office’s White Plains Division. Assistant United States Attorney Emily Deininger is in charge of the prosecution.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the descriptions of the Indictment set forth herein constitute only of allegations, and every fact described should be treated as an allegation.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Angel M. Melendez, Special Agent-in-Charge of the New York Field Office of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), James J. Hunt, Special Agent in Charge of the New York Field Division of the Drug Enforcement Administration (“DEA”), and James P. O’Neill, Commissioner of the New York City Police Department (“NYPD”), today announced the unsealing of a superseding indictment charging five defendants with various racketeering and narcotics offenses. Three defendants are charged in connection with their roles in the August 2, 2009, murder of Derrick Moore, 22, in the Bronx.
One of the defendants, LUIS ORTIZ, 41, was presented last week before United States Magistrate Judge Barbara C. Moses. Two of the defendants, HECTOR MARRERO, 27, and PETER GONZALEZ, 29, were arrested this morning and will be presented later today before United States Magistrate Judge Henry B. Pitman. The remaining two defendants, STEVEN BROWN, 39, and RAFAEL REYES, 37, are already in federal custody on other charges, and will be presented at a later date. The case has been assigned to United States District Judge Katherine Polk Failla.
Manhattan U.S. Attorney Geoffrey Berman said: “As alleged in the superseding indictment, members of the Taylor Avenue and Creston Avenue Crews wreaked havoc on the streets of New York. On August 2, 2009, that violence resulted in the murder of Derrick Moore. He was 22 years old. Today, thanks to the dedication and perseverance of the NYPD, the DEA, and HSI, the defendants face charges for their alleged crimes.”
HSI Special Agent-in-Charge Angel M. Melendez said: “The members of these two crews are alleged to have been in involved in a slew of illegal activity ranging from drug trafficking to committing murder. We have seen the violence of street gangs bleed out into our communities, pushing their deadly drugs and committing violent acts. Strong collaborative efforts and information sharing are the foundation for law enforcement in New York to be more effective in ridding the streets of these alleged criminals.”
DEA Special Agent-In-Charge James J. Hunt said: “This investigation linked a brutal crime to members of a drug gang, which exemplifies the relationship between drug trafficking and violence. I commend our law enforcement partners on their hard work and collaboration.”
According to the allegations contained in the superseding indictment[1] and statements made in court:
The Taylor Avenue Crew was a criminal enterprise that operated principally in and around Taylor Avenue in the Bronx, New York, from at least 2007 up to and including 2015. Members of the Taylor Avenue Crew sold crack cocaine and committed acts of violence in that area.
The Creston Avenue Crew was a criminal enterprise that operated principally in and around Creston Avenue in the Bronx, New York, from at least 2003 up to and including 2011. Members of the Creston Avenue Crew sold cocaine and marijuana, and committed acts of violence, in that area.
Members of the Taylor and Creston Avenue Crews associated with each other and assisted each other by, among other things, carrying out acts of violence on each other’s behalf upon request by the leaders of the respective crews. One such act of violence was the murder of Derrick Moore on August 2, 2009. This murder was committed by Creston Avenue Crew members RAFAEL REYES and LUIS ORTIZ to assist Taylor Avenue Crew member STEVEN BROWN.
* * *
Count One of the Indictment charges BROWN with murder in aid of racketeering activity. Count Two of the Indictment charges REYES and ORTIZ with murder in aid of racketeering activity. Count Three of the Indictment charges BROWN, REYES, and ORTIZ with murder in connection with a drug crime. Count Four charges BROWN, REYES, and ORTIZ with murder through the use of a firearm. Counts One through Four all relate to the murder of Derrick Moore.
Count Five of the Indictment charges MARRERO and GONZALEZ with participating in a conspiracy to distribute crack cocaine.
A chart containing the names, charges, and penalties for the defendants is set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of HSI, the DEA, and the NYPD.
Assistant U.S. Attorneys Maurene Comey, Jessica Lonergan, and Jason Swergold are in charge of the prosecution. The case is being handled by the Office’s Violent and Organized Crime Unit.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
COUNT
CHARGE
DEFENDANTS
PENALTIES
1
Murder in aid of racketeering activity
18 U.S.C. § 1959(a)(1)
STEVEN BROWN
Mandatory minimum of life in prison
2
Murder in aid of racketeering activity
18 U.S.C. § 1959(a)(1)
RAFAEL REYES
LUIS ORTIZ
Mandatory minimum of life in prison
3
Murder in connection with a drug crime
21 U.S.C. § 848(e)(1)(A)
STEVEN BROWN
RAFAEL REYES
LUIS ORTIZ
Maximum: life in prison
Minimum: 20 years in prison
4
Murder through use of a firearm
18 U.S.C. § 9249(j)
STEVEN BROWN
RAFAEL REYES
LUIS ORTIZ
Maximum: life in prison
Minimum: 5 years in prison
5
Narcotics conspiracy
21 U.S.C. § 846
HECTOR MARRERO
PETER GONZALEZ
Maximum: Life in prison
Minimum: 10 years in prison
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth below constitute only allegations, and every fact described should be treated as an allegation.
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that JAMEL JONES, a/k/a “Mel Murda,” was sentenced to 135 months in prison in connection with his participation in the Nine Trey Gangsta Bloods (“Nine Trey”) and the distribution of narcotics, including heroin and fentanyl. JONES pled guilty on April 3, 2019, before U.S. District Judge Paul A. Engelmayer, who imposed today’s sentence.
U.S. Attorney Geoffrey S. Berman said: “Under Jamel Jones’s leadership, the Nine Trey gang acted with impunity to ensure their narcotics business remained intact, including shootings, assaults, and robberies. Now, Jones faces more than a decade behind bars for his role and involvement in this violent gang.”
According to court documents and the evidence presented at the trial of JONES’ co-defendants:
Nine Trey was a criminal enterprise involved in committing numerous acts of violence, including shootings, robberies, and assaults in and around Manhattan and Brooklyn. Members and associates of Nine Trey engaged in violence to retaliate against rival gangs, to promote the standing and reputation of Nine Trey, and to protect the gang’s narcotics business. Members and associates of Nine Trey enriched themselves by committing robberies and selling drugs, such as heroin, fentanyl, furanly fentanyl, MDMA, dibutylone, and marijuana.
The leadership structure of Nine Trey is divided into two parts: the Prison Lineup, which consists of incarcerated members, and the Street Lineup, which consists of members who are not incarcerated. JONES was the Godfather of the Street Lineup.
JONES pled guilty to one count of racketeering conspiracy for his participation in the Nine Trey enterprise and to one count of conspiracy to distribute and possess with intent to distribute ten grams and more of an analogue of fentanyl.
* * *
In addition to the prison term, JONES, 39, of Brooklyn, New York, was sentenced to five years of supervised release and ordered to forfeit $10,000.
Mr. Berman praised the outstanding investigative work of the New York City Police Department, Homeland Security Investigations, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Michael Longyear, Jacob Warren, Jonathan Rebold, and Sebastian Swett are in charge of the prosecution.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that ALJERMIAH MACK, a/k/a “Nuke,” and ANTHONY ELLISON, a/k/a “Harv,” were found guilty today of racketeering conspiracy in connection with their membership in the Nine Trey Gangsta Bloods (“Nine Trey”), a violent gang that operated in New York City. ELLISON was also found guilty of kidnapping, maiming, and assault with a dangerous weapon, in connection with his membership in Nine Trey. MACK was also found guilty of conspiring to distribute more than one kilogram of heroin. The convictions followed a two-week trial before the Honorable Paul A. Engelmayer.
U.S. Attorney Geoffrey S. Berman said: “Aljermiah Mack and Anthony Ellison were high-ranking members of Nine Trey, a ruthless gang, and were responsible for terrible acts of violence and the trafficking of dangerous narcotics throughout New York City. They now stand convicted of their crimes, and will no longer be able to inflict harm on the people of this city.”
According to court documents and the evidence at trial:
Nine Trey was a criminal enterprise involved in committing numerous acts of violence, including shootings, robberies, and assaults in and around Manhattan and Brooklyn. Members and associates of Nine Trey engaged in violence to retaliate against rival gangs, to promote the standing and reputation of Nine Trey, and to protect the gang’s narcotics business. Members and associates of Nine Trey enriched themselves by committing robberies and selling drugs, such as heroin, fentanyl, furanly fentanyl, MDMA, dibutylone, and marijuana.
MACK, 33, a high-ranking member of Nine Trey, conspired with other members of Nine Trey to distribute heroin and MDMA throughout New York City.
ELLISON, 32, another high-ranking member of Nine Trey, kidnapped and robbed a fellow Nine Trey member on or about July 22, 2018, in order to enhance his status within the gang. In addition, on or about October 24, 2018, ELLISON slashed an individual in the face in retaliation for the shooting of one of ELLISON’s associates earlier that evening.
* * *
MACK and ELLISON were convicted of racketeering conspiracy, which carries a maximum sentence of 20 years in prison. ELLISON was also convicted of kidnapping, maiming, and assault with a dangerous weapon in aid of racketeering, which carry maximum sentences of life in prison, 30 years in prison, and 20 years in prison, respectively. MACK was also convicted of narcotics conspiracy, which carries a maximum sentence of life in prison, with a mandatory minimum of 10 years in prison. ELLISON was acquitted of one count of assault with a dangerous weapon, and MACK was acquitted of a firearms offense. The statutory penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants would be determined by the judge.
MACK is scheduled to be sentenced by Judge Engelmayer on February 19, 2020. ELLISON is scheduled to be sentenced on February 26, 2020.
Mr. Berman praised the outstanding investigative work of the New York City Police Department, Homeland Security Investigations, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case is being prosecuted by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Michael Longyear, Jacob Warren, Jonathan Rebold, and Max Nicholas are in charge of the prosecution.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that KIFANO JORDAN, a/k/a “Shotti,” was sentenced to 15 years in prison in connection with a robbery and a non-fatal shooting carried out as part of his participation in the Nine Trey Gangsta Bloods (“Nine Trey”). JORDAN pled guilty on March 28, 2019, before U.S. District Judge Paul A. Engelmayer, who imposed today’s sentence.
As alleged in the underlying Indictment and statements made in open court:
Nine Trey was a criminal enterprise involved in committing numerous acts of violence, including shootings, robberies, and assaults in and around Manhattan and Brooklyn. Members and associates of Nine Trey engaged in violence to retaliate against rival gangs, to promote the standing and reputation of Nine Trey, and to protect the gang’s narcotics business. Members and associates of Nine Trey enriched themselves by committing robberies and selling drugs, such as heroin, fentanyl, furanly fentanyl, MDMA, dibutylone, and marijuana.
JORDAN, a member of Nine Trey, pled guilty to one count of using and possessing a firearm in furtherance of a crime of violence, for an assault with a dangerous weapon that occurred in Manhattan on April 3, 2018; he also admitted to discharging a firearm in furtherance of a crime of violence for a shooting that occurred in Brooklyn on April 21, 2018.
* * *
In addition to the prison term, JORDAN, 36, of Brooklyn, New York, was sentenced to 5 years of supervised release.
Mr. Berman praised the outstanding investigative work of the New York City Police Department, Homeland Security Investigations, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Michael Longyear, Jacob Warren, Jonathan Rebold, and Sebastian Swett are in charge of the prosecution.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced the unsealing today of a Superseding Indictment charging ALJERMIAH MACK, a/k/a “Nuke,” with racketeering, narcotics, and firearms offenses in connection with his membership in, and association with, the Nine Trey Gangsta Bloods, also known as “Nine Trey.” The Superseding Indictment also contains charges against defendant ANTHONY ELLISON, a/k/a “Harv,” who was charged in a previous indictment with racketeering and firearms offenses. The charges against ELLISON remain the same.
MACK was taken into custody this afternoon. He will be presented and arraigned before Chief U.S. Magistrate Gabriel W. Gorenstein later today. The case is assigned to U.S. District Judge Paul A. Engelmayer.
U.S. Attorney Geoffrey S. Berman said: “As alleged in the Superseding Indictment, Aljermiah Mack, like his Nine Trey co-conspirators, engaged in brazen acts of gun violence and narcotics dealing. Thanks to our remarkable partners at HSI, ATF, and the NYPD, he now faces federal charges for his serious crimes.”
As alleged in the Superseding Indictment unsealed today in Manhattan federal court[1]:
Nine Trey was a criminal enterprise involved in committing numerous acts of violence, including shootings, robberies, and assaults in and around Manhattan and Brooklyn. Members and associates of Nine Trey engaged in violence to retaliate against rival gangs, to promote the standing and reputation of Nine Trey, and to protect the gang’s narcotics business. Members and associates of Nine Trey enriched themselves by committing robberies and selling drugs, such as heroin, fentanyl, furanyl fentanyl, and MDMA.
The Superseding Indictment charges MACK and ELLISON with racketeering and firearms offenses. Count One of the Superseding Indictment charges MACK and ELLISON with participating in a racketeering conspiracy for their criminal involvement in Nine Trey. Count Two charges MACK and ELLISON with using and carrying firearms, which were brandished and discharged, in connection with the racketeering conspiracy. Counts Three through Five charge ELLISON in connection with his kidnapping and assaulting another member of Nine Trey near the intersection of Bedford Avenue and Atlantic Avenue in Brooklyn on or about July 22, 2018. Count Six charges MACK with conspiracy to distribute heroin, fentanyl, and MDMA, from in or about 2015 to in or about 2018. Count Seven charges MACK with using and carrying a firearm in connection with the narcotics conspiracy.
* * *
A chart containing the charges and maximum penalties for the defendants are set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the New York City Police Department. He also thanked the New York City Department of Correction’s Intelligence Bureau for its assistance in the investigation.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Michael Longyear, Jacob Warren, Jonathan Rebold, and Sebastian Swett are in charge of the prosecution.
The charges contained in the Superseding Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Racketeering conspiracy
18 U.S.C. § 1962(d)
ALJERMIAH MACK (age 33)
ANTHONY ELLISON (age 31)
20 years in prison
2
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence, which was discharged
18 U.S.C. § 924(c)
ALJERMIAH MACK
ANTHONY ELLISON
Life in prison
Mandatory minimum of 10 years in prison
3
Violent crime in aid of racketeering
(July 22, 2018)
18 U.S.C. § 1959
ANTHONY ELLISON
Life in prison
4
Violent crime in aid of racketeering
(July 22, 2018)
18 U.S.C. § 1959
ANTHONY ELLISON
20 years in prison
5
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence, which was brandished
18 U.S.C. § 924(c)
ANTHONY ELLISON
Life in prison
Mandatory minimum of 7 years in prison
6
Conspiracy to distribute narcotics
21 U.S.C. § 846
ALJERMIAH MACK
Life in prison
Mandatory minimum of 10 years in prison
7
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a narcotics trafficking offense
18 U.S.C. § 924(c)
ALJERMIAH MACK
Life in prison
Mandatory minimum of 5 years in prison
[1] As the introductory phrase signifies, the entirety of the text of the Superseding Indictment constitutes only allegations, and every fact described herein should be treated as an allegation.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that KINTEA MCKENZIE, a/k/a “Kooda B,” pled guilty today in Manhattan federal court in connection with a shooting outside a hotel in Times Square on June 2, 2018, in furtherance of the Nine Trey Gangsta Bloods (“Nine Trey”) criminal enterprise. U.S. District Judge Paul A. Engelmayer accepted the defendant’s guilty plea.
U.S. Attorney Geoffrey S. Berman said: “Today, Kintea McKenzie admitted his responsibility for a brazen shooting in bustling Times Square. In coordination with Tekashi 6ix 9ine and other Nine Trey gang members, McKenzie arranged to have another individual shoot at a rival gang member. We continue our daily work with our law enforcement partners to keep our communities safe and to vigorously investigate acts of violence committed by gang members.”
As alleged in the Indictment and statements made in open court:
Nine Trey was a criminal enterprise involved in committing numerous acts of violence, including shootings, robberies, and assaults in and around Manhattan and Brooklyn. Members and associates of Nine Trey engaged in violence to retaliate against rival gangs, to promote the standing and reputation of Nine Trey, and to protect the gang’s narcotics business. On or about June 2, 2018, MCKENZIE agreed to accept money from Daniel Hernandez, a/k/a “Tekashi 6ix 9ine,” to shoot at a rival gang member and rapper who was staying at a hotel in Times Square. MCKENZIE helped to organize the shooting in order to scare that rival gang member.
* * *
MCKENZIE, 21, of Brooklyn, pled guilty to assault with a dangerous weapon in aid of racketeering, which carries a maximum sentence of 20 years in prison.
The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by Judge Engelmayer.
Mr. Berman praised the outstanding investigative work of the New York City Police Department, Homeland Security Investigations, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. He also thanked the New York County District Attorney’s Office for their assistance in the investigation.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Michael Longyear, Jacob Warren, Jonathan Rebold, and Sebastian Swett are in charge of the prosecution.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that FUGUAN LOVICK, a/k/a “Fu Banga,” pled guilty today in Manhattan federal court to a shooting that he committed inside the Barclays Center on April 21, 2018, as part of his participation in the Nine Trey Gangsta Bloods (“Nine Trey”). U.S. District Judge Paul A. Engelmayer accepted the defendant’s guilty plea.
U.S. Attorney Geoffrey S. Berman said: “Today, Fuguan Lovick admitted to a brazen and dangerous act of violence. While inside the Barclays Center with Tekashi 6ix 9ine and other Nine Trey gang members, Lovick fired a gun to intimidate rival gang members. We continue our daily work with our law enforcement partners to keep our communities safe and to vigorously investigate acts of violence committed by gang members.”
As alleged in the Indictment and statements made in open court:
Nine Trey was a criminal enterprise involved in committing numerous acts of violence, including shootings, robberies, and assaults in and around Manhattan and Brooklyn. Members and associates of Nine Trey engaged in violence to retaliate against rival gangs, to promote the standing and reputation of Nine Trey, and to protect the gang’s narcotics business. As admitted in open court today, on April 21, 2018, LOVICK discharged a firearm inside the Barclays Center in Brooklyn in order to scare rival gang members.
* * *
LOVICK, 42, of Brooklyn, New York, pled guilty to assault with a dangerous weapon in aid of racketeering, which carries a maximum sentence of 20 years in prison, and to brandishing a firearm in furtherance of a crime of violence, which carries a mandatory minimum sentence of seven years in prison and a maximum sentence of life. LOVICK is scheduled to be sentenced before Judge Engelmayer on August 19, 2019.
The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by Judge Engelmayer.
Mr. Berman praised the outstanding investigative work of the New York City Police Department, Homeland Security Investigations, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. He also thanked the Kings County District Attorney’s Office for its assistance in the investigation.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Michael Longyear, Jacob Warren, Jonathan Rebold, and Sebastian Swett are in charge of the prosecution.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that JAMEL JONES, a/k/a “Mel Murda,” pled guilty today in Manhattan federal court to racketeering and narcotics offenses as part of his participation in the Nine Trey Gangsta Bloods (“Nine Trey”). U.S. District Judge Paul A. Engelmayer presided over the defendant’s guilty plea.
U.S. Attorney Geoffrey S. Berman said: “Today, Jamel Jones admitted in open court to his involvement in Nine Trey and distributing drugs for the gang. We will continue to work with our law enforcement partners to keep our communities safe and vigorously investigate and prosecute those who bring violence and drugs into our communities.”
As alleged in the Indictment and statements made in open court:
Nine Trey was a criminal enterprise involved in committing numerous acts of violence, including shootings, robberies, and assaults in and around Manhattan and Brooklyn. Members and associates of Nine Trey engaged in violence to retaliate against rival gangs, to promote the standing and reputation of Nine Trey, and to protect the gang’s narcotics business. Members and associates of Nine Trey enriched themselves by committing robberies and selling drugs, such as heroin, fentanyl, furanyl fentanyl, MDMA, dibutylone, and marijuana.
* * *
JONES, 38, of Brooklyn, pled guilty to one count of racketeering conspiracy for his involvement in Nine Trey, which carries a maximum sentence of 20 years in prison; and one count of participating in a narcotics distribution conspiracy, which carries a mandatory minimum sentence of five years in prison and a maximum sentence of 40 years in prison. JONES’S sentencing has been scheduled for July 17, 2019, at 2:30 p.m. before Judge Engelmayer.
The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.
Mr. Berman praised the outstanding investigative work of the New York City Police Department, Homeland Security Investigations, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Michael Longyear, Jacob Warren, Jonathan Rebold, and Sebastian Swett are in charge of the prosecution.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that KIFANO JORDAN, a/k/a “Shotti,” pleaded guilty today in Manhattan federal court to firearms offenses in connection with a robbery and a non-fatal shooting carried out as part of his participation in the Nine Trey Gangsta Bloods (“Nine Trey”). U.S. District Judge Paul A. Engelmayer presided over the defendant’s guilty plea.
U.S. Attorney Geoffrey S. Berman said: “Today, Kifano Jordan admitted in open court to committing multiple acts of violence in furtherance of the Nine Trey enterprise. This conduct is simply intolerable. We continue our daily work with our law enforcement partners to keep our communities safe and to vigorously investigate and prosecute those who bring violence to our streets.”
As alleged in the underlying Indictment and statements made in open court:
Nine Trey was a criminal enterprise involved in committing numerous acts of violence, including shootings, robberies, and assaults in and around Manhattan and Brooklyn. Members and associates of Nine Trey engaged in violence to retaliate against rival gangs, to promote the standing and reputation of Nine Trey, and to protect the gang’s narcotics business. Members and associates of Nine Trey enriched themselves by committing robberies and selling drugs, such as heroin, fentanyl, furanly fentanyl, MDMA, dibutylone, and marijuana.
* * *
JORDAN, 36, of Brooklyn, pled guilty to one count of using and possessing a firearm in furtherance of a crime of violence for an assault with a dangerous weapon that occurred in Manhattan on April 3, 2018, which carries a mandatory minimum sentence of five years in prison and must run consecutively to any other sentence imposed; and one count of discharging a firearm in furtherance of a crime of violence for a shooting that occurred in Brooklyn on April 21, 2018, which carries a mandatory minimum sentence of 10 years in prison and must run consecutively to any other sentence imposed.
The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by Judge Engelmayer.
Mr. Berman praised the outstanding investigative work of the New York City Police Department, Homeland Security Investigations, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Michael Longyear, Jacob Warren, Jonathan Rebold, and Sebastian Swett are in charge of the prosecution.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Angel M. Melendez, Special Agent-in-Charge of the New York Field Office of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), John B. Devito, the Special Agent-in-Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing today of a Superseding Indictment charging three additional individuals, ANTHONY ELLISON, a/k/a “Harv,” DENARD BUTLER, a/k/a “Drama,” and KINTEA MCKENZIE, a/k/a “Kooda B,” with racketeering and firearms offenses in connection with their membership in and association with the Nine Trey Gangsta Bloods, also known as “Nine Trey.” A fourth defendant, KIFANO JORDAN, a/k/a “Shotti,” who was named in the original indictment, faces additional racketeering and firearms charges.
BUTLER was arrested yesterday. ELLISON was already in custody on federal charges. MCKENZIE is still at large. The case is assigned to U.S. District Judge Paul A. Engelmayer.
U.S. Attorney Geoffrey S. Berman said: “As alleged in the superseding indictment, the new defendants in this case, like those previously charged, engaged in brazen acts of gun violence. Thanks to our remarkable partners at HSI, ATF, and the NYPD, these defendants now face federal charges for their serious crimes.”
HSI Special Agent in Charge Angel M. Melendez said: “Nine Trey has engaged in a pattern of racketeering reinforced by a reputation of extreme violence, best known for shootings, assaults and robberies in our city. The new arrests in this case and the additional charges as part of this ongoing investigation should send a clear message to members of any gang that carry out acts of violence, that we are resolved in our joint efforts to promote a safe environment for our communities in New York City.”
ATF Special Agent in Charge John B. Devito said: “Today’s charges demonstrate ATF’s and our law enforcement partners’ commitment to identify and investigate individuals that drive violent crime within our communities. The members and associates of the Nine Trey Gangsta Bloods, also known as ‘Nine Trey,’ allegedly terrorized the public via a variety of crimes including violent armed robberies, assaults and shootings. The ATF/ NYPD Joint Firearms Task Force will continue to work diligently with all of our partner agencies in order to best serve the community and protect the public. I would like to personally thank the United States Attorney’s Office for their leadership and guidance throughout this investigation.”
NYPD Commissioner James P. O’Neill said: “In working to reduce crime past already record-lows in New York City, the NYPD is relentless in our pursuit of the relatively small percentage of the population driving the violence and disorder. We are achieving this, with pinpoint accuracy, because of the full and willing partnership of New Yorkers in every neighborhood and the unrivaled assistance of our law-enforcement partners. I commend the U.S. Attorney for the Southern District, and the members of Homeland Security Investigations and the ATF, for helping us dismantle groups responsible for shootings, robberies, drug-dealing, and more. Together, we are making the safest large city in America even safer.”
As alleged in the Superseding Indictment unsealed today in Manhattan federal court[1]:
Nine Trey was a criminal enterprise involved in committing numerous acts of violence, including shootings, robberies, and assaults in and around Manhattan and Brooklyn. Members and associates of Nine Trey engaged in violence to retaliate against rival gangs, to promote the standing and reputation of Nine Trey, and to protect the gang’s narcotics business. Members and associates of Nine Trey enriched themselves by committing robberies and selling drugs, such as heroin, fentanyl, furanyl fentanyl, MDMA, dibutylone, and marijuana.
The Superseding Indictment charges JAMEL JONES, a/k/a “Mel Murda,” ROLAND MARTIN, a/k/a “Ro Murda,” KIFANO JORDAN, a/k/a “Shotti,” ANTHONY ELLISON, a/k/a “Harv,” DENARD BUTLER, a/k/a “Drama,” JESNEL BUTLER, a/k/a “Ish,” FUGUAN LOVICK, a/k/a “Fu Banga,” KINTEA MCKENZIE, a/k/a “Kooda B,” FAHEEM WALTER, a/k/a “Crippy,” and AARON YOUNG, a/k/a “Bat,” with racketeering and firearms offenses.
Count One of the Superseding Indictment charges JONES, MARTIN, JORDAN, ELLISON, DENARD BUTLER, JESNEL BUTLER, WALTER, and YOUNG with participating in a racketeering conspiracy for their criminal involvement in Nine Trey. Count Two charges JONES, MARTIN, JORDAN, ELLISON, DENARD BUTLER, JESNEL BUTLER, WALTER, and YOUNG with using and carrying firearms, which were brandished and discharged, in connection with the racketeering conspiracy. Counts Three through Five charge MARTIN, JORDAN, DENARD BUTLER, JESNEL BUTLER, and WALTER in connection with a gunpoint robbery in the vicinity of West 40th Street and 8th Avenue in Manhattan on April 3, 2018. Counts Six and Seven charge LOVICK in connection with his shooting at rivals of Nine Trey in the Barclays Center in Brooklyn on April 21, 2018. Counts Eight through Ten charge JORDAN and MCKENZIE in connection with a shooting at a rival of Nine Trey at a hotel in Times Square in Manhattan on June 2, 2018. Counts Eleven and Twelve charge MARTIN, JORDAN, JESNEL BUTLER, and WALTER with agreeing to shoot an individual who had shown disrespect to Nine Trey, resulting in an innocent bystander being shot, in the vicinity of Fulton Street and Utica Avenue in Brooklyn on July 16, 2018. Counts Thirteen through Fifteen charge ELLISON in connection with his kidnapping and assaulting another member of Nine Trey near the intersection of Bedford Avenue and Atlantic Avenue in Brooklyn on July 22, 2018. Count Sixteen charges JONES and YOUNG with conspiracy to distribute heroin, fentanyl, MDMA, and marijuana from 2015 to 2018. Count Seventeen charges YOUNG with using and carrying firearm in connection with the narcotics conspiracy. Count Eighteen charges JONES with possessing with intent to distribute one kilogram and more of mixtures and substances containing a detectable amount of heroin on November 15, 2018.
* * *
Charts containing the names, charges, and maximum penalties for the defendants are set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of HSI, ATF, and the NYPD. He also thanked the United States Attorney’s Office for the Eastern District of New York, the Manhattan District Attorney’s Office, the Brooklyn District Attorney’s Office, and the New York City Department of Correction’s Intelligence Bureau for their assistance in the investigation.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Michael Longyear, Jacob Warren, Jonathan Rebold, and Sebastian Swett are in charge of the prosecution.
The charges contained in the Superseding Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Racketeering conspiracy
18 U.S.C. § 1962(d)
JAMEL JONES (age 38)
ROLAND MARTIN (age 37)
KIFANO JORDAN (age 36)
ANTHONY ELLISON (age 31)
DENARD BUTLER (age 26)
JESNEL BUTLER (age 36)
FAHEEM WALTER (age 29)
AARON YOUNG (age 28)
20 years in prison
2
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence, which was discharged
18 U.S.C. § 924(c)
JAMEL JONES
ROLAND MARTIN
KIFANO JORDAN
ANTHONY ELLISON
DENARD BUTLER
JESNEL BUTLER
FAHEEM WALTER
AARON YOUNG
Life in prison
Mandatory minimum of 10 years in prison
3
Violent crime in aid of racketeering (April 3, 2018)
18 U.S.C. § 1959
ROLAND MARTIN
KIFANO JORDAN
DENARD BUTLER
JESNEL BUTLER
FAHEEM WALTER
20 years in prison
4
Violent crime in aid of racketeering (April 3, 2018)
18 U.S.C. § 1959
ROLAND MARTIN
KIFANO JORDAN
DENARD BUTLER
JESNEL BUTLER
FAHEEM WALTER
3 years in prison
5
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence, which was brandished
18 U.S.C. § 924(c)
ROLAND MARTIN
KIFANO JORDAN
DENARD BUTLER
JESNEL BUTLER
FAHEEM WALTER
Life in prison
Mandatory minimum of 7 years in prison
6
Violent crime in aid of racketeering (April 21, 2018)
18 U.S.C. § 1959
FUGUAN LOVICK (age 40)
20 years in prison
7
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence, which was discharged
18 U.S.C. § 924(c)
FUGUAN LOVICK
Life in prison
Mandatory minimum of 10 years in prison
8
Violent crime in aid of racketeering (June 2, 2018)
18 U.S.C. § 1959
KIFANO JORDAN
KINTEA MCKENZIE (age 21)
20 years in prison
9
Violent crime in aid of racketeering (June 2, 2018)
18 U.S.C. § 1959
KIFANO JORDAN
KINTEA MCKENZIE
3 years in prison
10
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence, which was discharged
18 U.S.C. § 924(c)
KIFANO JORDAN
KINTEA MCKENZIE
Life in prison
Mandatory minimum of 10 years in prison
11
Violent crime in aid of racketeering
(July 16, 2018)
18 U.S.C. § 1959
ROLAND MARTIN
KIFANO JORDAN
JESNEL BUTLER
FAHEEM WALTER
10 years in prison
12
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence, which was discharged
18 U.S.C. § 924(c)
ROLAND MARTIN
KIFANO JORDAN
JESNEL BUTLER
FAHEEM WALTER
Life in prison
Mandatory minimum of 10 years in prison
13
Violent crime in aid of racketeering
(July 22, 2018)
18 U.S.C. § 1959
ANTHONY ELLISON
Life in prison
14
Violent crime in aid of racketeering
(July 22, 2018)
18 U.S.C. § 1959
ANTHONY ELLISON
20 years in prison
15
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence, which was brandished
18 U.S.C. § 924(c)
ANTHONY ELLISON
Life in prison
Mandatory minimum of 7 years in prison
16
Conspiracy to distribute narcotics
21 U.S.C. § 846
JAMEL JONES
AARON YOUNG
Life in prison
Mandatory minimum of 10 years in prison
17
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a narcotics trafficking offense
18 U.S.C. § 924(c)
AARON YOUNG
Life in prison
Mandatory minimum of 5 years in prison
18
Possession of a controlled substance with intent to distribute
21 U.S.C. § 841
JAMEL JONES
Life in prison
Mandatory minimum of 10 years in prison
[1] As the introductory phrase signifies, the entirety of the text of the Superseding Indictment constitutes only allegations, and every fact described herein should be treated as an allegation.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Angel M. Melendez, Special Agent-in-Charge of the New York Field Office of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), Ashan M. Benedict, the Special Agent-in-Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing today of an Indictment charging six members and associates of the Nine Trey Gangsta Bloods, also known as “Nine Trey,” with racketeering conspiracy and firearms offenses.
Five defendants were taken into custody last night and today; they will be presented and arraigned before U.S. Magistrate Judge Henry B. Pitman later today. A sixth defendant is in state custody and will be transferred to federal custody. The case is assigned to U.S. District Judge Paul A. Engelmayer.
U.S. Attorney Geoffrey S. Berman said: “As alleged in the indictment, this gang, which included platinum-selling rap artist Tekashi 6ix 9ine, wreaked havoc on New York City, engaging in brazen acts of violence. Showing reckless indifference to others’ safety, members of the gang were allegedly involved in robberies and shootings, including a shooting inside the crowded Barclay’s Center, and a shooting in which an innocent bystander was hit. Thanks to the extraordinary work of HSI, ATF, and the NYPD, the defendants will now face justice in federal court.”
HSI Special Agent in Charge Angel M. Melendez said: “Members of Nine Trey, who wielded firearms and pushed highly addictive drugs onto New York City streets, allegedly showed an unprecedented level of violence this year, and for that they are now facing multiple charges, including an incident in which an innocent bystander was shot. This criminal enterprise has no business in our city, and we will continue to work with our partners to ensure that Nine Trey crew members, including the more well-known ‘Tekashi 6ix 9ine,’ are in a place where they cannot inflict further violence on our communities.”
ATF Special Agent in Charge Ashan M. Benedict said: “ATF stands firmly at the frontline in the fight against violent crime. The individuals charged today with racketeering conspiracy and firearms offenses are members and associates of the Nine Trey Gangsta Bloods, also known as ‘Nine Trey.’ The members and associates of this street gang engaged in violent robberies, assaults, and shootings. The ATF/ NYPD Joint Firearms Task Force, with members from HSI, Federal Probation, NYS Parole and NYC Department of Correction, work tirelessly alongside their other law enforcement partners to rid the streets of individuals that spread violence and endanger their fellow citizens. I would like to thank the United States Attorney’s Office for their work in prosecuting in the case.”
As alleged in the Indictment unsealed today in Manhattan federal court[1]:
Nine Trey was a criminal enterprise involved in committing numerous acts of violence, including shootings, robberies, and assaults in and around Manhattan and Brooklyn. Members and associates of Nine Trey engaged in violence to retaliate against rival gangs, to promote the standing and reputation of Nine Trey, and to protect the gang’s narcotics business. Members and associates of Nine Trey enriched themselves by committing robberies and selling drugs, such as heroin, fentanyl, furanly fentanyl, MDMA, dibutylone, and marijuana.
The Indictment charges JAMEL JONES, a/k/a “Mel Murda,” KIFANO JORDAN, a/k/a “Shotti,” JENSEL BUTLER, a/k/a “Ish,” DANIEL HERNANDEZ, a/k/a “Tekashi 6ix 9ine,” FUGUAN LOVICK, a/k/a “Fu Banga,” and FAHEEM WALTER, a/k/a “Crippy,” with racketeering and firearms offenses. Count One of the Indictment charges JONES, JORDAN, BUTLER, HERNANDEZ, and WALTER with participating in a racketeering conspiracy for their criminal involvement in Nine Trey. Count Two charges JONES, JORDAN, BUTLER, HERNANDEZ, and WALTER with using and carrying firearms, which were brandished and discharged, in connection with the racketeering conspiracy. Counts Three through Five charge JONES, JORDAN, BUTLER, HERNANDEZ, and WALTER with participating in a gunpoint robbery in the vicinity of West 40th Street and 8th Avenue in Manhattan on or about April 3, 2018. Counts Six and Seven charge LOVICK with shooting at rivals of Nine Trey in the Barclays Center in Brooklyn on or about April 21, 2018. Count Eight charges JORDAN, BUTLER, HERNANDEZ, and WALTER with agreeing to shoot an individual who had shown disrespect to Nine Trey, resulting in an innocent bystander being shot, in the vicinity of Fulton Street and Utica Avenue in Brooklyn on or about July 16, 2018.
* * *
Charts containing the names, charges, and maximum penalties for the defendants are set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of HSI, ATF, and the NYPD. He also thanked the Brooklyn District Attorney’s Office and the New York City Department of Correction’s Intelligence Bureau for their assistance in the investigation.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Michael Longyear, Jacob Warren, Jonathan Rebold, and Sebastian Swett are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
###
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Racketeering conspiracy
18 U.S.C. § 1962(d)
JAMEL JONES (age 38)
KIFANO JORDAN (age 36)
JENSEL BUTLER (age 36)
DANIEL HERNANDEZ (age 22)
FAHEEM WALTER (age 29)
20 years in prison
2
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence, which was discharged
18 U.S.C. § 924(c)
JAMEL JONES
KIFANO JORDAN
JENSEL BUTLER
DANIEL HERNANDEZ
FAHEEM WALTER
Life in prison
Mandatory minimum of 10 years in prison as to JONES; mandatory minimum of 25 years in prison as to the other defendants
3
Violent crime in aid of racketeering (April 3, 2018)
18 U.S.C. § 1959
KIFANO JORDAN
JENSEL BUTLER
DANIEL HERNANDEZ
FAHEEM WALTER
20 years in prison
4
Violent crime in aid of racketeering (April 3, 2018)
18 U.S.C. § 1959
KIFANO JORDAN
JENSEL BUTLER
DANIEL HERNANDEZ
FAHEEM WALTER
3 years in prison
5
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence, which was brandished
18 U.S.C. § 924(c)
KIFANO JORDAN
JENSEL BUTLER
DANIEL HERNANDEZ
FAHEEM WALTER
Life in prison
Mandatory minimum of 7 years in prison
6
Violent crime in aid of racketeering (April 21, 2018)
18 U.S.C. § 1959
FUGUAN LOVICK (age 40)
20 years in prison
7
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence, which was discharged
18 U.S.C. § 924(c )
FUGUAN LOVICK
Life in prison
Mandatory minimum of 10 years in prison
8
Violent crime in aid of racketeering (July 16, 2018)
KIFANO JORDAN
JENSEL BUTLER
DANIEL HERNANDEZ
FAHEEM WALTER
3 years in prison
[1] As the introductory phrase signifies, the entirety of the text of the Indictment constitutes only allegations, and every fact described herein should be treated as an allegation.
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the second highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE2
Format: N2
Description: The four digit AO offense code associated with FTITLE2
Format: A4
Description: The four digit D2 offense code associated with FTITLE2
Format: A4
Description: A code indicating the severity associated with FTITLE2
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the third highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE3
Format: N2
Description: The four digit AO offense code associated with FTITLE3
Format: A4
Description: The four digit D2 offense code associated with FTITLE3
Format: A4
Description: A code indicating the severity associated with FTITLE3
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the fourth highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE4
Format: N2
Description: The four digit AO offense code associated with FTITLE4
Format: A4
Description: The four digit D2 offense code associated with FTITLE4
Format: A4
Description: A code indicating the severity associated with FTITLE4
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the fifth highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE5
Format: N2
Description: The four digit AO offense code associated with FTITLE5
Format: A4
Description: The four digit D2 offense code associated with FTITLE5
Format: A4
Description: A code indicating the severity associated with FTITLE5
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that JAMEL JONES, a/k/a “Mel Murda,” was sentenced to 135 months in prison in connection with his participation in the Nine Trey Gangsta Bloods (“Nine Trey”) and the distribution of narcotics, including heroin and fentanyl. JONES pled guilty on April 3, 2019, before U.S. District Judge Paul A. Engelmayer, who imposed today’s sentence.
U.S. Attorney Geoffrey S. Berman said: “Under Jamel Jones’s leadership, the Nine Trey gang acted with impunity to ensure their narcotics business remained intact, including shootings, assaults, and robberies. Now, Jones faces more than a decade behind bars for his role and involvement in this violent gang.”
According to court documents and the evidence presented at the trial of JONES’ co-defendants:
Nine Trey was a criminal enterprise involved in committing numerous acts of violence, including shootings, robberies, and assaults in and around Manhattan and Brooklyn. Members and associates of Nine Trey engaged in violence to retaliate against rival gangs, to promote the standing and reputation of Nine Trey, and to protect the gang’s narcotics business. Members and associates of Nine Trey enriched themselves by committing robberies and selling drugs, such as heroin, fentanyl, furanly fentanyl, MDMA, dibutylone, and marijuana.
The leadership structure of Nine Trey is divided into two parts: the Prison Lineup, which consists of incarcerated members, and the Street Lineup, which consists of members who are not incarcerated. JONES was the Godfather of the Street Lineup.
JONES pled guilty to one count of racketeering conspiracy for his participation in the Nine Trey enterprise and to one count of conspiracy to distribute and possess with intent to distribute ten grams and more of an analogue of fentanyl.
* * *
In addition to the prison term, JONES, 39, of Brooklyn, New York, was sentenced to five years of supervised release and ordered to forfeit $10,000.
Mr. Berman praised the outstanding investigative work of the New York City Police Department, Homeland Security Investigations, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Michael Longyear, Jacob Warren, Jonathan Rebold, and Sebastian Swett are in charge of the prosecution.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that JAMEL JONES, a/k/a “Mel Murda,” pled guilty today in Manhattan federal court to racketeering and narcotics offenses as part of his participation in the Nine Trey Gangsta Bloods (“Nine Trey”). U.S. District Judge Paul A. Engelmayer presided over the defendant’s guilty plea.
U.S. Attorney Geoffrey S. Berman said: “Today, Jamel Jones admitted in open court to his involvement in Nine Trey and distributing drugs for the gang. We will continue to work with our law enforcement partners to keep our communities safe and vigorously investigate and prosecute those who bring violence and drugs into our communities.”
As alleged in the Indictment and statements made in open court:
Nine Trey was a criminal enterprise involved in committing numerous acts of violence, including shootings, robberies, and assaults in and around Manhattan and Brooklyn. Members and associates of Nine Trey engaged in violence to retaliate against rival gangs, to promote the standing and reputation of Nine Trey, and to protect the gang’s narcotics business. Members and associates of Nine Trey enriched themselves by committing robberies and selling drugs, such as heroin, fentanyl, furanyl fentanyl, MDMA, dibutylone, and marijuana.
* * *
JONES, 38, of Brooklyn, pled guilty to one count of racketeering conspiracy for his involvement in Nine Trey, which carries a maximum sentence of 20 years in prison; and one count of participating in a narcotics distribution conspiracy, which carries a mandatory minimum sentence of five years in prison and a maximum sentence of 40 years in prison. JONES’S sentencing has been scheduled for July 17, 2019, at 2:30 p.m. before Judge Engelmayer.
The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.
Mr. Berman praised the outstanding investigative work of the New York City Police Department, Homeland Security Investigations, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Michael Longyear, Jacob Warren, Jonathan Rebold, and Sebastian Swett are in charge of the prosecution.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Angel M. Melendez, Special Agent-in-Charge of the New York Field Office of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), John B. Devito, the Special Agent-in-Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing today of a Superseding Indictment charging three additional individuals, ANTHONY ELLISON, a/k/a “Harv,” DENARD BUTLER, a/k/a “Drama,” and KINTEA MCKENZIE, a/k/a “Kooda B,” with racketeering and firearms offenses in connection with their membership in and association with the Nine Trey Gangsta Bloods, also known as “Nine Trey.” A fourth defendant, KIFANO JORDAN, a/k/a “Shotti,” who was named in the original indictment, faces additional racketeering and firearms charges.
BUTLER was arrested yesterday. ELLISON was already in custody on federal charges. MCKENZIE is still at large. The case is assigned to U.S. District Judge Paul A. Engelmayer.
U.S. Attorney Geoffrey S. Berman said: “As alleged in the superseding indictment, the new defendants in this case, like those previously charged, engaged in brazen acts of gun violence. Thanks to our remarkable partners at HSI, ATF, and the NYPD, these defendants now face federal charges for their serious crimes.”
HSI Special Agent in Charge Angel M. Melendez said: “Nine Trey has engaged in a pattern of racketeering reinforced by a reputation of extreme violence, best known for shootings, assaults and robberies in our city. The new arrests in this case and the additional charges as part of this ongoing investigation should send a clear message to members of any gang that carry out acts of violence, that we are resolved in our joint efforts to promote a safe environment for our communities in New York City.”
ATF Special Agent in Charge John B. Devito said: “Today’s charges demonstrate ATF’s and our law enforcement partners’ commitment to identify and investigate individuals that drive violent crime within our communities. The members and associates of the Nine Trey Gangsta Bloods, also known as ‘Nine Trey,’ allegedly terrorized the public via a variety of crimes including violent armed robberies, assaults and shootings. The ATF/ NYPD Joint Firearms Task Force will continue to work diligently with all of our partner agencies in order to best serve the community and protect the public. I would like to personally thank the United States Attorney’s Office for their leadership and guidance throughout this investigation.”
NYPD Commissioner James P. O’Neill said: “In working to reduce crime past already record-lows in New York City, the NYPD is relentless in our pursuit of the relatively small percentage of the population driving the violence and disorder. We are achieving this, with pinpoint accuracy, because of the full and willing partnership of New Yorkers in every neighborhood and the unrivaled assistance of our law-enforcement partners. I commend the U.S. Attorney for the Southern District, and the members of Homeland Security Investigations and the ATF, for helping us dismantle groups responsible for shootings, robberies, drug-dealing, and more. Together, we are making the safest large city in America even safer.”
As alleged in the Superseding Indictment unsealed today in Manhattan federal court[1]:
Nine Trey was a criminal enterprise involved in committing numerous acts of violence, including shootings, robberies, and assaults in and around Manhattan and Brooklyn. Members and associates of Nine Trey engaged in violence to retaliate against rival gangs, to promote the standing and reputation of Nine Trey, and to protect the gang’s narcotics business. Members and associates of Nine Trey enriched themselves by committing robberies and selling drugs, such as heroin, fentanyl, furanyl fentanyl, MDMA, dibutylone, and marijuana.
The Superseding Indictment charges JAMEL JONES, a/k/a “Mel Murda,” ROLAND MARTIN, a/k/a “Ro Murda,” KIFANO JORDAN, a/k/a “Shotti,” ANTHONY ELLISON, a/k/a “Harv,” DENARD BUTLER, a/k/a “Drama,” JESNEL BUTLER, a/k/a “Ish,” FUGUAN LOVICK, a/k/a “Fu Banga,” KINTEA MCKENZIE, a/k/a “Kooda B,” FAHEEM WALTER, a/k/a “Crippy,” and AARON YOUNG, a/k/a “Bat,” with racketeering and firearms offenses.
Count One of the Superseding Indictment charges JONES, MARTIN, JORDAN, ELLISON, DENARD BUTLER, JESNEL BUTLER, WALTER, and YOUNG with participating in a racketeering conspiracy for their criminal involvement in Nine Trey. Count Two charges JONES, MARTIN, JORDAN, ELLISON, DENARD BUTLER, JESNEL BUTLER, WALTER, and YOUNG with using and carrying firearms, which were brandished and discharged, in connection with the racketeering conspiracy. Counts Three through Five charge MARTIN, JORDAN, DENARD BUTLER, JESNEL BUTLER, and WALTER in connection with a gunpoint robbery in the vicinity of West 40th Street and 8th Avenue in Manhattan on April 3, 2018. Counts Six and Seven charge LOVICK in connection with his shooting at rivals of Nine Trey in the Barclays Center in Brooklyn on April 21, 2018. Counts Eight through Ten charge JORDAN and MCKENZIE in connection with a shooting at a rival of Nine Trey at a hotel in Times Square in Manhattan on June 2, 2018. Counts Eleven and Twelve charge MARTIN, JORDAN, JESNEL BUTLER, and WALTER with agreeing to shoot an individual who had shown disrespect to Nine Trey, resulting in an innocent bystander being shot, in the vicinity of Fulton Street and Utica Avenue in Brooklyn on July 16, 2018. Counts Thirteen through Fifteen charge ELLISON in connection with his kidnapping and assaulting another member of Nine Trey near the intersection of Bedford Avenue and Atlantic Avenue in Brooklyn on July 22, 2018. Count Sixteen charges JONES and YOUNG with conspiracy to distribute heroin, fentanyl, MDMA, and marijuana from 2015 to 2018. Count Seventeen charges YOUNG with using and carrying firearm in connection with the narcotics conspiracy. Count Eighteen charges JONES with possessing with intent to distribute one kilogram and more of mixtures and substances containing a detectable amount of heroin on November 15, 2018.
* * *
Charts containing the names, charges, and maximum penalties for the defendants are set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of HSI, ATF, and the NYPD. He also thanked the United States Attorney’s Office for the Eastern District of New York, the Manhattan District Attorney’s Office, the Brooklyn District Attorney’s Office, and the New York City Department of Correction’s Intelligence Bureau for their assistance in the investigation.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Michael Longyear, Jacob Warren, Jonathan Rebold, and Sebastian Swett are in charge of the prosecution.
The charges contained in the Superseding Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Racketeering conspiracy
18 U.S.C. § 1962(d)
JAMEL JONES (age 38)
ROLAND MARTIN (age 37)
KIFANO JORDAN (age 36)
ANTHONY ELLISON (age 31)
DENARD BUTLER (age 26)
JESNEL BUTLER (age 36)
FAHEEM WALTER (age 29)
AARON YOUNG (age 28)
20 years in prison
2
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence, which was discharged
18 U.S.C. § 924(c)
JAMEL JONES
ROLAND MARTIN
KIFANO JORDAN
ANTHONY ELLISON
DENARD BUTLER
JESNEL BUTLER
FAHEEM WALTER
AARON YOUNG
Life in prison
Mandatory minimum of 10 years in prison
3
Violent crime in aid of racketeering (April 3, 2018)
18 U.S.C. § 1959
ROLAND MARTIN
KIFANO JORDAN
DENARD BUTLER
JESNEL BUTLER
FAHEEM WALTER
20 years in prison
4
Violent crime in aid of racketeering (April 3, 2018)
18 U.S.C. § 1959
ROLAND MARTIN
KIFANO JORDAN
DENARD BUTLER
JESNEL BUTLER
FAHEEM WALTER
3 years in prison
5
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence, which was brandished
18 U.S.C. § 924(c)
ROLAND MARTIN
KIFANO JORDAN
DENARD BUTLER
JESNEL BUTLER
FAHEEM WALTER
Life in prison
Mandatory minimum of 7 years in prison
6
Violent crime in aid of racketeering (April 21, 2018)
18 U.S.C. § 1959
FUGUAN LOVICK (age 40)
20 years in prison
7
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence, which was discharged
18 U.S.C. § 924(c)
FUGUAN LOVICK
Life in prison
Mandatory minimum of 10 years in prison
8
Violent crime in aid of racketeering (June 2, 2018)
18 U.S.C. § 1959
KIFANO JORDAN
KINTEA MCKENZIE (age 21)
20 years in prison
9
Violent crime in aid of racketeering (June 2, 2018)
18 U.S.C. § 1959
KIFANO JORDAN
KINTEA MCKENZIE
3 years in prison
10
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence, which was discharged
18 U.S.C. § 924(c)
KIFANO JORDAN
KINTEA MCKENZIE
Life in prison
Mandatory minimum of 10 years in prison
11
Violent crime in aid of racketeering
(July 16, 2018)
18 U.S.C. § 1959
ROLAND MARTIN
KIFANO JORDAN
JESNEL BUTLER
FAHEEM WALTER
10 years in prison
12
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence, which was discharged
18 U.S.C. § 924(c)
ROLAND MARTIN
KIFANO JORDAN
JESNEL BUTLER
FAHEEM WALTER
Life in prison
Mandatory minimum of 10 years in prison
13
Violent crime in aid of racketeering
(July 22, 2018)
18 U.S.C. § 1959
ANTHONY ELLISON
Life in prison
14
Violent crime in aid of racketeering
(July 22, 2018)
18 U.S.C. § 1959
ANTHONY ELLISON
20 years in prison
15
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence, which was brandished
18 U.S.C. § 924(c)
ANTHONY ELLISON
Life in prison
Mandatory minimum of 7 years in prison
16
Conspiracy to distribute narcotics
21 U.S.C. § 846
JAMEL JONES
AARON YOUNG
Life in prison
Mandatory minimum of 10 years in prison
17
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a narcotics trafficking offense
18 U.S.C. § 924(c)
AARON YOUNG
Life in prison
Mandatory minimum of 5 years in prison
18
Possession of a controlled substance with intent to distribute
21 U.S.C. § 841
JAMEL JONES
Life in prison
Mandatory minimum of 10 years in prison
[1] As the introductory phrase signifies, the entirety of the text of the Superseding Indictment constitutes only allegations, and every fact described herein should be treated as an allegation.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Angel M. Melendez, Special Agent-in-Charge of the New York Field Office of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), Ashan M. Benedict, the Special Agent-in-Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing today of an Indictment charging six members and associates of the Nine Trey Gangsta Bloods, also known as “Nine Trey,” with racketeering conspiracy and firearms offenses.
Five defendants were taken into custody last night and today; they will be presented and arraigned before U.S. Magistrate Judge Henry B. Pitman later today. A sixth defendant is in state custody and will be transferred to federal custody. The case is assigned to U.S. District Judge Paul A. Engelmayer.
U.S. Attorney Geoffrey S. Berman said: “As alleged in the indictment, this gang, which included platinum-selling rap artist Tekashi 6ix 9ine, wreaked havoc on New York City, engaging in brazen acts of violence. Showing reckless indifference to others’ safety, members of the gang were allegedly involved in robberies and shootings, including a shooting inside the crowded Barclay’s Center, and a shooting in which an innocent bystander was hit. Thanks to the extraordinary work of HSI, ATF, and the NYPD, the defendants will now face justice in federal court.”
HSI Special Agent in Charge Angel M. Melendez said: “Members of Nine Trey, who wielded firearms and pushed highly addictive drugs onto New York City streets, allegedly showed an unprecedented level of violence this year, and for that they are now facing multiple charges, including an incident in which an innocent bystander was shot. This criminal enterprise has no business in our city, and we will continue to work with our partners to ensure that Nine Trey crew members, including the more well-known ‘Tekashi 6ix 9ine,’ are in a place where they cannot inflict further violence on our communities.”
ATF Special Agent in Charge Ashan M. Benedict said: “ATF stands firmly at the frontline in the fight against violent crime. The individuals charged today with racketeering conspiracy and firearms offenses are members and associates of the Nine Trey Gangsta Bloods, also known as ‘Nine Trey.’ The members and associates of this street gang engaged in violent robberies, assaults, and shootings. The ATF/ NYPD Joint Firearms Task Force, with members from HSI, Federal Probation, NYS Parole and NYC Department of Correction, work tirelessly alongside their other law enforcement partners to rid the streets of individuals that spread violence and endanger their fellow citizens. I would like to thank the United States Attorney’s Office for their work in prosecuting in the case.”
As alleged in the Indictment unsealed today in Manhattan federal court[1]:
Nine Trey was a criminal enterprise involved in committing numerous acts of violence, including shootings, robberies, and assaults in and around Manhattan and Brooklyn. Members and associates of Nine Trey engaged in violence to retaliate against rival gangs, to promote the standing and reputation of Nine Trey, and to protect the gang’s narcotics business. Members and associates of Nine Trey enriched themselves by committing robberies and selling drugs, such as heroin, fentanyl, furanly fentanyl, MDMA, dibutylone, and marijuana.
The Indictment charges JAMEL JONES, a/k/a “Mel Murda,” KIFANO JORDAN, a/k/a “Shotti,” JENSEL BUTLER, a/k/a “Ish,” DANIEL HERNANDEZ, a/k/a “Tekashi 6ix 9ine,” FUGUAN LOVICK, a/k/a “Fu Banga,” and FAHEEM WALTER, a/k/a “Crippy,” with racketeering and firearms offenses. Count One of the Indictment charges JONES, JORDAN, BUTLER, HERNANDEZ, and WALTER with participating in a racketeering conspiracy for their criminal involvement in Nine Trey. Count Two charges JONES, JORDAN, BUTLER, HERNANDEZ, and WALTER with using and carrying firearms, which were brandished and discharged, in connection with the racketeering conspiracy. Counts Three through Five charge JONES, JORDAN, BUTLER, HERNANDEZ, and WALTER with participating in a gunpoint robbery in the vicinity of West 40th Street and 8th Avenue in Manhattan on or about April 3, 2018. Counts Six and Seven charge LOVICK with shooting at rivals of Nine Trey in the Barclays Center in Brooklyn on or about April 21, 2018. Count Eight charges JORDAN, BUTLER, HERNANDEZ, and WALTER with agreeing to shoot an individual who had shown disrespect to Nine Trey, resulting in an innocent bystander being shot, in the vicinity of Fulton Street and Utica Avenue in Brooklyn on or about July 16, 2018.
* * *
Charts containing the names, charges, and maximum penalties for the defendants are set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of HSI, ATF, and the NYPD. He also thanked the Brooklyn District Attorney’s Office and the New York City Department of Correction’s Intelligence Bureau for their assistance in the investigation.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Michael Longyear, Jacob Warren, Jonathan Rebold, and Sebastian Swett are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
###
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Racketeering conspiracy
18 U.S.C. § 1962(d)
JAMEL JONES (age 38)
KIFANO JORDAN (age 36)
JENSEL BUTLER (age 36)
DANIEL HERNANDEZ (age 22)
FAHEEM WALTER (age 29)
20 years in prison
2
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence, which was discharged
18 U.S.C. § 924(c)
JAMEL JONES
KIFANO JORDAN
JENSEL BUTLER
DANIEL HERNANDEZ
FAHEEM WALTER
Life in prison
Mandatory minimum of 10 years in prison as to JONES; mandatory minimum of 25 years in prison as to the other defendants
3
Violent crime in aid of racketeering (April 3, 2018)
18 U.S.C. § 1959
KIFANO JORDAN
JENSEL BUTLER
DANIEL HERNANDEZ
FAHEEM WALTER
20 years in prison
4
Violent crime in aid of racketeering (April 3, 2018)
18 U.S.C. § 1959
KIFANO JORDAN
JENSEL BUTLER
DANIEL HERNANDEZ
FAHEEM WALTER
3 years in prison
5
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence, which was brandished
18 U.S.C. § 924(c)
KIFANO JORDAN
JENSEL BUTLER
DANIEL HERNANDEZ
FAHEEM WALTER
Life in prison
Mandatory minimum of 7 years in prison
6
Violent crime in aid of racketeering (April 21, 2018)
18 U.S.C. § 1959
FUGUAN LOVICK (age 40)
20 years in prison
7
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence, which was discharged
18 U.S.C. § 924(c )
FUGUAN LOVICK
Life in prison
Mandatory minimum of 10 years in prison
8
Violent crime in aid of racketeering (July 16, 2018)
KIFANO JORDAN
JENSEL BUTLER
DANIEL HERNANDEZ
FAHEEM WALTER
3 years in prison
[1] As the introductory phrase signifies, the entirety of the text of the Indictment constitutes only allegations, and every fact described herein should be treated as an allegation.
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: Case type associated with a magistrate case if the current case was merged from a magistrate case
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The docket number originally given to a case assigned to a magistrate judge and subsequently merged into a criminal case
Format: A7
Description: A unique number assigned to each defendant in a magistrate case
Format: A3
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the second highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE2
Format: N2
Description: The four digit AO offense code associated with FTITLE2
Format: A4
Description: The four digit D2 offense code associated with FTITLE2
Format: A4
Description: A code indicating the severity associated with FTITLE2
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the third highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE3
Format: N2
Description: The four digit AO offense code associated with FTITLE3
Format: A4
Description: The four digit D2 offense code associated with FTITLE3
Format: A4
Description: A code indicating the severity associated with FTITLE3
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the fourth highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE4
Format: N2
Description: The four digit AO offense code associated with FTITLE4
Format: A4
Description: The four digit D2 offense code associated with FTITLE4
Format: A4
Description: A code indicating the severity associated with FTITLE4
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: Case type associated with a magistrate case if the current case was merged from a magistrate case
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The docket number originally given to a case assigned to a magistrate judge and subsequently merged into a criminal case
Format: A7
Description: A unique number assigned to each defendant in a magistrate case
Format: A3
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the second highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE2
Format: N2
Description: The four digit AO offense code associated with FTITLE2
Format: A4
Description: The four digit D2 offense code associated with FTITLE2
Format: A4
Description: A code indicating the severity associated with FTITLE2
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the third highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE3
Format: N2
Description: The four digit AO offense code associated with FTITLE3
Format: A4
Description: The four digit D2 offense code associated with FTITLE3
Format: A4
Description: A code indicating the severity associated with FTITLE3
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the fourth highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE4
Format: N2
Description: The four digit AO offense code associated with FTITLE4
Format: A4
Description: The four digit D2 offense code associated with FTITLE4
Format: A4
Description: A code indicating the severity associated with FTITLE4
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Eduardo A. Chavez, Special Agent in Charge of the Dallas Division of the U.S. Drug Enforcement Administration (“DEA”), announced today the unsealing of four indictments charging MIGUEL CESPEDES, OMAR MOGOLLON, LUIS FELIPE GONZALEZ ARCILA, IVAN ROJAS ACOSTA, ALEX BARRERA FORERO, and DAVID ORTIZ VILLAMIZAR, six Colombian nationals, as well as AMIT AGARWAL, an Indian national who operates a wholesale consumer electronics business in East Hanover, New Jersey, for offenses relating to various international money laundering schemes and the operation of unlicensed money transmission businesses. CESPEDES, MOGOLLON, GONZALEZ, ROJAS, BARRERA, and ORTIZ were arrested in Colombia, and the United States Government will be seeking their extradition to the United States. AGARWAL was arrested on December 20, 2019, at Newark International Airport. AGARWAL’s case is assigned to United States District Judge Paul A. Engelmeyer; CESPEDES’s case is assigned to United States District Judge Gregory H. Woods; BARRERA and ORTIZ’s case is assigned to United States District Judge Gregory H. Woods; and MOGOLLON, GONZALEZ, and ROJAS’s case is assigned to United States District Judge J. Paul Oetken.
U.S. Attorney Geoffrey S. Berman said: “The illegal drug trade depends on shadow financial networks to move drug traffickers’ profits into our banking system and across our borders. As alleged, these defendants ran those types of networks in both the United States and Colombia. Today’s arrests demonstrate that this Office, along with our partners here and abroad, will bring the operators of such networks to justice wherever in the world they may hide.”
DEA Special Agent in Charge Eduardo A. Chavez said: “Today’s arrests serve as notice to those who participate in any aspect of the global drug trade – whether it be selling drugs on a street corner or moving illicit profits through our banking system – the DEA along with our global partners, will hold you responsible and bring you to justice.”
As alleged in the Indictments unsealed in Manhattan federal court:[1]
From at least in or about June 2018 through at least in or about 2019, MIGUEL CESPEDES, OMAR MOGOLLON, LUIS FELIPE GONZALEZ ARCILA, IVAN ROJAS ACOSTA, ALEX BARRERA FORERO, DAVID ORTIZ VILLAMIZAR, and AMIT AGARWAL all participated in schemes to launder funds from locations throughout the United States to recipients in, among other places, Colombia. Among other things, the purpose of the schemes was to enable clients with cash located in the United States to transfer the value of that cash to other countries, principally Colombia, without the need for physically transporting United States currency across an international border or directly depositing large amounts of cash into the legitimate financial system.
To effectuate the scheme, “clients,” i.e., the owners of funds located in the United States, utilized the services of money brokers operating primarily in Colombia (the “Money Brokers”). The Money Brokers offered “contracts” typically requiring (a) the pick-up of United States currency from couriers throughout the United States and the receipt of international wires in the United States, and (b) the delivery of a corresponding amount of pesos in Colombia to the Money Brokers. In exchange for successfully delivering on a contract, the Money Brokers earned a commission, taken from the pesos received by them in Colombia. The person(s) with whom the Money Brokers contracted to arrange for the pick-up and receipt of United States currency also received a commission taken from the pesos received by the Money Brokers in Colombia. Although the payment of commissions from the funds collected pursuant to a contract meant that the clients did not receive the full value of the funds that the clients owned in the United States, this scheme enabled the clients to avoid the risks of having large quantities of cash detected at international borders and to avoid triggering financial reporting requirements.
CESPEDES, MOGOLLON, GONZALEZ, ROJAS, BARRERA, and ORTIZ engaged in the scheme as Money Brokers. As Money Brokers, working at times independently and at times together, they offered and executed upon multiple contracts requiring the pick-up of funds throughout the United States, and the delivery of a corresponding value of pesos to them in Colombia. In exchange for their work as Money Brokers, they received commissions taken from the pesos delivered to them in Colombia, as did the individuals with whom they contracted.
AGARWAL was the chief executive officer of a consumer electronics products business based in East Hanover, New Jersey (the “Agarwal Electronics Business”). Among other things, the Agarwal Electronics Business exported consumer electronics to purchasers throughout the world, including purchasers located in Colombia. In connection with its business activities, the Agarwal Electronics Business maintained a bank account in the United States, controlled and operated by AGARWAL (the “Agarwal Bank Account”).
Typically, as part of the scheme, the funds collected in the United States pursuant to contracts offered by CESPEDES, MOGOLLON, GONZALEZ, ROJAS, BARRERA, and ORTIZ were deposited in a bank account located in the United States (“Bank Account-1”), and then transferred to the Agarwal Bank Account. Pursuant to the contracts offered by the Money Brokers, AGARWAL agreed to accept these funds into the Agarwal Bank Account, and AGARWAL also agreed to accept funds into the Agarwal Bank Account that had been wired to Bank Account-1 from foreign locations, including Mexico. AGARWAL understood these funds to be narcotics proceeds and sought to repatriate them to South America while avoiding the risk associated with having large quantities of cash detected at international borders, and avoiding the currency reporting requirements imposed by United States laws.
Upon receiving confirmation that funds collected pursuant to a Money Broker contract issued by CESPEDES, MOGOLLON, GONZALEZ, ROJAS, BARRERA, or ORTIZ were available for deposit into the Agarwal Bank Account, AGARWAL arranged for the export of a roughly equivalent value of consumer electronics products to certain consumer electronic product suppliers located in Colombia (the “Colombian Electronics Suppliers”). The Colombian Electronics Suppliers, in turn, arranged to pay for the products by delivering pesos to an individual in Colombia, who then delivered those funds to the Money Brokers. In this way, funds collected in the United States were remitted to Colombia, without requiring that they be reported, declared, or smuggled over international borders.
During the execution of the scheme, federal law enforcement agents working in an undercover capacity, and persons operating at the direction of federal law enforcement agents, informed AGARWAL that the funds he agreed to receive in the Agarwal Bank Account from Bank Account-1, pursuant to the scheme, represented the proceeds of narcotics trafficking activity. AGARWAL, however, continued to accept the funds into the Agarwal Bank Account while facilitating the Money Broker contracts.
* * *
AGARWAL is charged in United States v. Amit Agarwal, 19 Cr. 838, with one count of money laundering, which carries a maximum sentence of 20 years in prison.
CESPEDES is charged in United States v. Miguel Cespedes, 19 Cr. 839, with one count of operation of an unlicensed money transmission business, which carries a maximum sentence of five years in prison, and one count of conspiracy to commit money laundering, which carries a maximum sentence of 20 years in prison.
MOGOLLON, GONZALEZ, and ROJAS are charged in United States v. Omar Mogollon, et al., 19 Cr. 837, with conspiracy to operate an unlicensed money transmission business and operation of an unlicensed money transmission business, each of which carries a maximum sentence of five years in prison. MOGOLLON is also charged with one count of international money laundering, which carries a maximum sentence of 20 years in prison.
BARRERA and ORTIZ are charged in United States v. Alex Barrera Forero and David Ortiz Villamizar, 19 Cr. 840, with one count of conspiracy to operate an unlicensed money transmission business, and one count of operation of an unlicensed money transmission business, each of which carries a maximum sentence of five years in prison.
The statutory maximum sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the respective judges.
Mr. Berman praised the investigative work of the DEA’s Dallas Field Division’s Enforcement Group 4 and the DEA’s Bogota Country Office, and thanked the authorities in Colombia, and the Justice Department’s Office of International Affairs of the Department’s Criminal Division for their assistance.
This case is being handled by the Office’s Money Laundering and Transnational Criminal Enterprises Unit. Assistant United States Attorneys Tara M. La Morte and Cecilia E. Vogel are in charge of the prosecution.
The allegations in the Indictments are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictments, and the description of the Indictments set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: Case type associated with a magistrate case if the current case was merged from a magistrate case
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The docket number originally given to a case assigned to a magistrate judge and subsequently merged into a criminal case
Format: A7
Description: A unique number assigned to each defendant in a magistrate case
Format: A3
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: Case type associated with a magistrate case if the current case was merged from a magistrate case
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The docket number originally given to a case assigned to a magistrate judge and subsequently merged into a criminal case
Format: A7
Description: A unique number assigned to each defendant in a magistrate case
Format: A3
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Audrey Strauss, the United States Attorney for the Southern District of New York, announced today that BRENT BORLAND, the owner and principal of a New York-based investment fund known as Belize Infrastructure Fund I LLC (“Belize Fund”), was sentenced today in Manhattan federal court to 84 months in prison for orchestrating a $26 million investment fraud scheme against dozens of investors. BORLAND pled guilty in February 2019 to conspiring to commit, and the commission of, securities fraud and wire fraud before U.S. District Judge Katherine Polk Failla, who imposed today’s sentence.
Manhattan U.S. Attorney Strauss said: “Brent Borland led a years-long, multifaceted scheme to bilk victims out of more than $26 million. Using lies and deceit, Borland tricked more than 40 investors into entrusting him with their hard-earned money. In truth, Borland’s promises to investors were lies, and he spent much of their money on himself. For the financial and emotional devastation his fraud has inflicted, Borland will spend the next seven years in prison.”
According to the Complaint, Indictment, and statements made in connection with sentencing:
From 2014 through March 2018, BORLAND and others solicited and received approximately $26.1 million from approximately 40 investors based upon representations that he would use the investors’ money to construct an airport in Belize. BORLAND promised investors high rates of return on their investments, which he represented were temporary “bridge financing.” BORLAND also represented to investors that their investments would be fully secured by real property in Belize that was unencumbered by any liens or obligations.
In fact, however, BORLAND misappropriated millions of dollars of investors’ funds and used those funds for his own personal benefit. BORLAND diverted a substantial portion of the funds invested by victims to himself to pay for a variety of personal expenses, including his mortgage payments, credit card bills, luxury automobiles, a beach club membership, and private school tuition for his children. In contrast to BORLAND’s representations that investors would receive high rates of return within a specified time frame, all known investors in the scheme lost money. And while BORLAND represented that the investments would be secured by real property, the property purportedly serving as collateral was improperly pledged to multiple investors and, in some cases, did not even exist in the manner identified and described by Borland in documents he provided to the investors.
* * *
In addition to his prison term, BORLAND, 51, of West Palm Beach, Florida, was sentenced to three years of supervised release and ordered to pay forfeiture of $26,584,970 and restitution of $26,184,970.
Ms. Strauss praised the investigative work of the U.S. Postal Inspection Service and thanked the Securities and Exchange Commission, which brought a separate civil action.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Negar Tekeei and Edward Imperatore are in charge of the prosecution.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Angel M. Melendez, the Special Agent-in-Charge of the New York Field Office of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing today of an Indictment charging SYDNEY SCALES, a/k/a “Sid,” a/k/a “Moe Black,” with conspiracy to commit murder for hire, as well as narcotics and firearms offenses. A second defendant on the Indictment, ERNEST HORGE, a/k/a “Ern,” a/k/a “Mac,” is charged with narcotics and firearms offenses.
SCALES was arrested this morning in the Middle District of Pennsylvania and will be presented today in Manhattan federal court before U.S. Magistrate Judge Ona T. Wang. Horge was arrested in the Northern District of New York, and he will be presented there today. The case has been assigned to the Honorable Laura Taylor Swain.
Manhattan U.S. Attorney Geoffrey S. Berman said: “As alleged in the indictment, Scales and Horge were responsible for significant narcotics – including fentanyl – and firearms offenses. Scales allegedly then conspired to kill a rival drug dealer. This alleged drug dealing and violence are intolerable, and thanks to the outstanding work of HSI and the NYPD, Scales and Horge now face significant federal charges.”
HSI Special Agent-in-Charge Angel M. Melendez said: “This man is alleged to have contracted the killing of a rival drug dealer to further his position in the dark world of narcotics distribution and gun wielding. There is no place in our communities for an individual pushing drugs onto our streets and using guns for intimidation. Law enforcement has strengthened partnerships across to board to rid our neighborhoods of those who choose to plague our city with violence and drugs.”
As alleged in the Indictment unsealed today in Manhattan federal court and in other court papers and proceedings[1]:
From in or about 2016 through in or about 2019, both SCALES and HORGE participated in a narcotics conspiracy involved in the distribution of crack cocaine, cocaine, heroin, and fentanyl, in the Bronx and elsewhere. SCALES and HORGE also used, carried, and possessed firearms, which were brandished and discharged, in connection with the narcotics conspiracy. In addition, in or about June 2017, SCALES conspired to commit murder for hire, agreeing to compensate other individuals in return for their locating and killing at least one rival drug dealer. SCALES also used, carried, and possessed firearms in connection with the conspiracy to commit murder for hire.
A chart containing the names and maximum penalties for each defendant is set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of HSI and the NYPD’s Bronx Violent Crimes Squad.
The case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Frank Balsamello, Sarah Krissoff, and Gina Castellano are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
19-048
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics
Conspiracy
21 U.S.C. § 846
SYDNEY SCALES
ERNEST HORGE
Life in prison
Mandatory minimum of 10 years in prison
2
Using, Carrying, and Possession of Firearms, which were Brandished and Discharged, in Connection with a Drug Trafficking Crime
18 U.S.C. §§ 924(c)(1)(A)(iii), 2
SYDNEY SCALES
ERNEST HORGE
Life in prison
Mandatory minimum of 10 years in prison
3
Conspiracy to Commit Murder For Hire
18 U.S.C. § 1958(a)
SYDNEY SCALES
10 years in prison
4
Using, Carrying, and Possession of Firearms, in Connection with the Conspiracy to Commit Murder for Hire
18 U.S.C. §§ 924(c)(1)(A)(i), 2
SYDNEY SCALES
Life in prison
Mandatory minimum of 5 years in prison
###
[1] As the introductory phrase signifies, the entirety of the text of the Indictment constitutes only allegations, and every fact described herein should be treated as an allegation.
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the second highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE2
Format: N2
Description: The four digit AO offense code associated with FTITLE2
Format: A4
Description: The four digit D2 offense code associated with FTITLE2
Format: A4
Description: A code indicating the severity associated with FTITLE2
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the third highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE3
Format: N2
Description: The four digit AO offense code associated with FTITLE3
Format: A4
Description: The four digit D2 offense code associated with FTITLE3
Format: A4
Description: A code indicating the severity associated with FTITLE3
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the fourth highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE4
Format: N2
Description: The four digit AO offense code associated with FTITLE4
Format: A4
Description: The four digit D2 offense code associated with FTITLE4
Format: A4
Description: A code indicating the severity associated with FTITLE4
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Damian Williams, the United States Attorney for the Southern District of New York, announced that DEVON ARCHER was sentenced today by the Honorable Ronnie Abrams to a year and a day in prison for defrauding a Native American tribal entity and various investment advisory clients of tens of millions of dollars in connection with the issuance of bonds by the tribal entity and the subsequent sale of those bonds through fraudulent and deceptive means.
As established by the evidence at trial:
From March 2014 through April 2016, ARCHER, Bevan Cooney, John Galanis, Jason Galanis, Gary Hirst, Michelle Morton, Hugh Dunkerley, and others engaged in a fraudulent scheme that involved (a) causing the Wakpamni Lake Community Corporation (“WLCC”), a Native American tribal entity, to issue a series of bonds (the “Tribal Bonds”) through lies and misrepresentations; (b) deceptively causing clients of asset management firms controlled by Hirst, Morton, and others to purchase the Tribal Bonds, which the clients were then unable to redeem or sell because the bonds were illiquid and lacked a ready secondary market; and (c) misappropriating the proceeds resulting from those bond sales.
The WLCC was convinced to issue the Tribal Bonds through false and fraudulent representations by John Galanis. Simultaneously, Jason Galanis, with the backing of ARCHER and others, worked to acquire Hughes Capital Management (“Hughes”), a registered investment adviser. Morton and Hirst were installed as Hughes’ Chief Executive Officer and Chief Investment Officer, respectively. Within weeks of taking control of Hughes, Morton and Hirst placed the entire $28 million first series of Tribal Bonds with Hughes clients but failed to disclose material facts about the Tribal Bonds, including the fact that the Tribal Bonds fell outside of the investment parameters set forth in the investment advisory contracts of certain Hughes clients. In addition, Hughes’ clients were not told about substantial conflicts of interest with respect to the issuance and placement of the Tribal Bonds before the Tribal Bonds were purchased on these clients’ behalf.
The defendants and their co-conspirators then misappropriated the proceeds of first Tribal Bond issuance. Specifically, although the Tribal Bonds were supposed to be invested in an annuity, Dunkerley, at the direction of Jason Galanis, transferred significant amounts of the bond proceeds to support the defendants’ business and personal interests. John Galanis, for example, secretly received $2.35 million in proceeds of the first bond issuance, which he spent on a variety of personal expenses and luxury items, including cars, jewelry, and hotel expenses. Similarly, Jason Galanis used a portion of the proceeds of the first Tribal Bond issuance to finance the purchase of a $10 million luxury apartment in Tribeca, which, with ARCHER’s consent, he purchased in ARCHER’s name.
In addition, after John Galanis induced the WLCC to issue a second round of Tribal Bonds, ARCHER and others used $20 million of bond proceeds from the first issuance to buy the entirety of the second issuance. As a result of the use of recycled proceeds to purchase additional issuances of Tribal Bonds, the face amount of Tribal Bonds outstanding increased and the amount of interest payable by the WLCC increased, but the actual bond proceeds available for investment on behalf of the WLCC did not increase. In order to deposit the bonds at a bank, ARCHER misrepresented the source of the money used to purchase the bonds, falsely claiming that he had obtained it through real estate sales. The bonds purchased by ARCHER and others were then used to meet net capital requirements at two broker dealers in which ARCHER and others had interests. In addition, millions of dollars in bond proceeds from the first and second issuances were used finance the acquisition of companies which the defendants and their co-conspirators acquired as part of a strategy to build a financial services conglomerate, which ARCHER expected to control.
In the spring of 2015, John Galanis induced the WLCC to issue an additional $16 million worth of Tribal Bonds. Simultaneously, Jason Galanis, and others purchased a second investment adviser, Atlantic Asset Management (“Atlantic”), and installed Morton as the Chief Executive Officer. Within days of obtaining control of Atlantic, Morton placed the entirety of the $16 million Tribal Bond issuance with an Atlantic client, without the client’s consent and without disclosing the fact that the Tribal Bonds were outside the client’s investment parameters and that numerous conflicts of interest existed. The proceeds of the $16 million issuance were again not invested in an annuity as promised, but instead were diverted to, among other things, finance the defendants’ acquisition of another company in furtherance of their plan to build a financial services conglomerate, and make payments to one of the broker dealers in which ARCHER and others had interests.
* * *
In addition to the prison term, ARCHER, 47, was sentenced to a year of supervised release. ARCHER was also ordered to forfeit $15,700,513 and to make restitution in the amount of $43,427,436.
Jason Galanis, who pled guilty to conspiracy to commit securities fraud, securities fraud, and investment adviser fraud, was sentenced to a term of 173 months in prison on August 11, 2017. Gary Hirst, who pled guilty to securities fraud, conspiracy to commit securities fraud, investment adviser fraud, and conspiracy to commit investment adviser fraud, was sentenced to 84 months in prison on September 7, 2018. John Galanis, who was convicted after trial of securities fraud and conspiracy to commit securities fraud, was sentenced to 120 months in prison on March 8, 2019. Bevan Cooney, who was convicted after trial of securities fraud and conspiracy to commit securities fraud, was sentenced to 30 months in prison on July 31, 2019. Michelle Morton, who pled guilty to conspiracy to commit securities fraud and investment adviser fraud, was sentenced to 15 months in prison on November 18, 2020. Hugh Dunkerley, who pled guilty to conspiracy to commit securities fraud, two counts of securities fraud, bankruptcy fraud and falsification of records with the intent to obstruct a government investigation, is also awaiting sentencing.
Mr. Williams praised the work of the U.S. Postal Inspection Service and the Federal Bureau of Investigation, and thanked the Securities and Exchange Commission.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Rebecca Mermelstein and Negar Tekeei are in charge of the prosecution.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that JASON POLANCO, a/k/a “Jin,” a/k/a “Wolfman,” was found guilty today of the August 31, 2014, murder of Shawn Ross, a/k/a “S.B.,” on Decatur Avenue in the Bronx, as well as participating in a narcotics conspiracy, a robbery conspiracy, the robbery of a Citgo gas station in the Bronx, and the discharge of a firearm in connection with the Citgo robbery. A jury convicted POLANCO today on all six counts of the Indictment following a one-week trial before U.S. District Judge Paul A. Engelmayer.
Manhattan U.S. Attorney Geoffrey S. Berman said: “This morning, a unanimous jury found that Jason Polanco is a drug dealer, a robber, and a killer. We hope that the family of Shawn Ross finds a measure of justice in today’s verdict. We thank the NYPD, ATF, and DEA for their outstanding work on this case, and for their invaluable partnership with our office.”
According to the allegations contained in the Indictment and the evidence presented in court during the trial:
On August 31, 2014, POLANCO shot and killed Shawn Ross, a/k/a “S.B.,” in connection with POLANCO’s membership in a drug crew that controlled drug sales on Decatur Avenue between 194th and 195th Streets in the Bronx. This drug crew was responsible for distributing over a kilogram of heroin, as well as quantities of marijuana, from at least 2011 through 2015. In 2014 and 2015, POLANCO and other members of the crew also committed a string of armed robberies of businesses across Manhattan and the Bronx, including the robbery of a Citgo gas station on Pelham Parkway in the Bronx. During the Citgo robbery, POLANCO carried a loaded firearm, which he fired just feet away from a customer.
* * *
POLANCO, 29, was found guilty of one count of participating in a conspiracy to distribute and to possess with intent to distribute one kilogram and more of heroin and quantities of marijuana, in violation of 21 U.S.C. §§ 841(b)(1)(A), 841(b)(1)(D), and 846, which carries a mandatory minimum sentence of 10 years in prison and a maximum sentence of life; one count of murder through the use of a firearm, in violation of 18 U.S.C. § 924(j), which carries a mandatory minimum sentence of five years in prison and a maximum sentence of life; one count of murder while engaged in a narcotics offense, in violation of 21 U.S.C. § 848(e), which carries a mandatory minimum sentence of 20 years in prison and a maximum sentence of life; one count of participating in a conspiracy to commit Hobbs Act robberies, in violation of 18 U.S.C. § 1951, which carries a maximum sentence of 20 years in prison; one count of committing a Hobbs Act robbery, in violation of 18 U.S.C. § 1951, which carries a maximum sentence of 20 years in prison; and one count of discharging a firearm in connection with the robbery, in violation of 18 U.S.C. § 924(c)(1)(A)(iii), which carries a mandatory minimum sentence of 10 years in prison and a maximum sentence of life.
Mr. Berman praised the outstanding investigative work of the New York City Police Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the U.S. Drug Enforcement Administration.
The case is being handled by the Office’s Violent and Organized Crime Unit. Assistant U.S. Attorneys Celia V. Cohen, Danielle R. Sassoon, and Gina Castellano are in charge of the prosecution.
HAMMOND – Angel J. Zanex, 37 years old, of Lafayette, Indiana, was sentenced by United States District Court Judge Philip P. Simon after pleading guilty to distribution of child pornography, announced United States Attorney Clifford D. Johnson.
Zanex was sentenced to 84 months in prison, five years of supervised release and ordered to pay $71,000 in restitution to the victims of the charged offense as well as victims of uncharged offenses.
According to documents in the case, on or about December 15, 2021, Zanex distributed child sexual abuse material by posting a video to an online platform.
This case was investigated by the Federal Bureau of Investigation (FBI) GRIT/Merrillville Field Office, with assistance from the FBI Milwaukee Field Office, the Winnebago County, Wisconsin Sheriff’s Office, the Indiana State Police Digital Forensic Unit, the Indiana Internet Crimes Against Children Tak Force (ICAC), the Tippecanoe County Hight Tech Crime Unit, and the Lafayette Police Department. The case was prosecuted by Assistant United States Attorney Emily Morgan and former Northern District of Indiana Assistant United States Attorneys Jennifer Chang and Jill Koster.
The case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Damian Williams, the United States Attorney for the Southern District of New York; Tommy Kalogiros, Assistant Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”); and Edward A. Caban, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of a Complaint charging RAMEL DECKARD, DASHAWN HAMPTON, and TALIEK PAYNE in connection with three armed robberies of women engaged in sex work at hotels in the Bronx. DECKARD, HAMPTON, and PAYNE were arrested this morning and will be presented in Manhattan federal court later today before U.S. Magistrate Judge Ona T. Wang.
U.S. Attorney Damian Williams said: “These defendants, motivated by greed, allegedly targeted individuals engaged in sex work in the Bronx. Under the pretext of setting up appointments with the victims for sexual services, the defendants allegedly met the victims at hotel rooms and proceeded to rob them at gunpoint. My Office is committed to doing everything possible to protect the people in this District from violent crime.”
ATF Assistant Special Agent in Charge Tommy Kalogiros said: “Today’s arrests should send a strong message to those targeting the most vulnerable in our communities. The ATF/NYPD Strategic Pattern Armed Robbery Technical Apprehension Group will continue working tirelessly to detect, disrupt, and prosecute the most violent offenders. We hope that these arrests demonstrate to the victims of violent crime that ATF, along with our partners, remain steadfast in our resolve to deliver justice. Thank you to the New York City Police Department and to the Southern District of New York, two of ATF’s most valued partners.”
NYPD Commissioner Edward A. Caban said: “As alleged, today’s arrests are another example of our laser-like focus on combating violent crime and holding accountable anyone who endangers people on our streets. If you carry an illegal gun in New York City, and especially if you use that gun to terrorize our communities, you will be arrested and charged accordingly. Thanks to the combined efforts of the NYPD and our partners at the ATF and the Office of the U.S. Attorney for the Southern District of New York, the defendants in this case now face the prospect of significant federal prison time.”
According to the allegations in the Complaint:[1]
On August 15, 2023, DECKARD met an individual who was engaged in sex work (“Victim-1”) at a hotel room in the Bronx for an appointment to exchange sexual services for payment. DECKARD subsequently displayed a firearm, demanded that Victim-1 go into the bathroom and sit in the shower, and then proceeded to steal personal possessions and cash from Victim-1. A still image of DECKARD at the hotel where he robbed Victim-1 is shown below:
On September 19, 2023, DECKARD and PAYNE committed another robbery of two individuals who were engaged in sex work (“Victim-2” and “Victim-3”) at a hotel room in the Bronx. Victim-2 and Victim-3 were spending time at a hotel room, when Victim-2 was notified by an individual, who advertised Victim-2 and Victim-3’s services online, that someone would meet Victim-2 at the hotel room later that day. DECKARD and PAYNE then went to the hotel room where Victim-2 and Victim-3 were located. After entering the hotel room, DECKARD displayed a firearm, and DECKARD and PAYNE stole personal items as well as cash from Victim-2 and Victim-3. During the robbery, DECKARD struck Victim-2 in the face with his elbow. Still images of DECKARD (left) and PAYNE (right) at the hotel where they robbed Victim-2 and Victim-3 are shown below:
On January 6, 2024, DECKARD and HAMPTON robbed Victim-1 at gunpoint a second time at a hotel room in the Bronx. At approximately 1:30 pm on January 6, 2024, DECKARD and HAMPTON traveled to the Bronx hotel room where Victim-1 was staying for an appointment to exchange sexual services for payment. After entering the hotel room, HAMPTON displayed a firearm, and HAMPTON and DECKARD proceeded to rob Victim-1 of her cellphone. DECKARD also demanded that Victim-1 give him the passcode to her phone, and HAMPTON asked Victim-1, in substance and in part, whether she wanted “to die over a passcode.” After Victim-1 gave them the passcode to her phone, HAMPTON used Victim-1’s cellphone to send $300 to his account using a payment application. A still image of HAMPTON (left) and DECKARD (right) at the hotel where they robbed Victim-1 is shown below:
The NYPD and ATF Strategic Patterned Armed Robbery Technical Apprehension (“SPARTA”) Task Force believes these defendants may be responsible for the robberies of other women in New York. Anyone with information about this or any other incident is asked to call the NYPD’s Crime Stoppers hotline at 1-800-577-TIPS (8477) or, for Spanish, 1-888-57-PISTA (74782). The public can also submit tips on the Crime Stoppers website at https://crimestoppers.nypdonline.org/ or by sending a direct message to @NYPDTips on X, formerly known as Twitter. All tips are strictly confidential.
* * *
DECKARD, 34, of New York, New York, is charged with one count of conspiracy to commit Hobbs Act robbery and three counts of Hobbs Act robbery, each of which carries a maximum sentence of 20 years in prison, and three counts of using, carrying, and brandishing a firearm during, in relation to, and in furtherance of, a crime of violence, each of which carries a mandatory seven-year consecutive sentence.
HAMPTON, 34, of New York, New York, is charged with one count of conspiracy to commit Hobbs Act robbery and one count of Hobbs Act robbery, each of which carries a maximum sentence of 20 years in prison, and one count of using, carrying, and brandishing a firearm during, in relation to, and in furtherance of, a crime of violence, which carries a mandatory seven-year consecutive sentence.
PAYNE, 34, of East Orange, New Jersey, is charged with one count of conspiracy to commit Hobbs Act robbery and one count of Hobbs Act robbery, each of which carries a maximum sentence of 20 years in prison, and one count of using, carrying, and brandishing a firearm during, in relation to, and in furtherance of, a crime of violence, which carries a mandatory seven-year consecutive sentence.
The mandatory minimum and maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.
Mr. Williams praised the outstanding investigative work of the ATF and NYPD, in particular, the SPARTA Task Force, which is composed of agents and officers of the ATF and the NYPD.
This case is being handled by the Office’s General Crimes Unit. Assistant U.S. Attorneys Meredith C. Foster and Georgia V. Kostopoulos are in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth below constitute only allegations, and every fact described should be treated as an allegation.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), Dermot F. Shea, the Commissioner of the New York City Police Department (“NYPD”), John B. Devito, Special Agent-in-Charge of the New York Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), and Geraldine Hart, the Commissioner of the Suffolk County Police Department (“SCPD”), announced the unsealing of an Indictment charging 17 defendants with committing various racketeering, narcotics, and firearms offenses in Manhattan and the Bronx. Ten of the defendants were arrested today and presented before U.S. Magistrate Judge Barbara Moses in Manhattan federal court. Three of the defendants are already in state custody and will be presented at a later date. Four defendants remain at large. The case has been assigned to U.S. District Judge Valerie E. Caproni.
U.S. Attorney Geoffrey S. Berman said: “As alleged in the indictment, the defendants in this case include high-ranking members of a violent set of the Latin Kings gang. They are alleged to have engaged in acts of violence, robberies, narcotics trafficking, and the use of firearms. Thanks to the efforts of our partners at the FBI, NYPD, ATF, and SCPD, the defendants now face federal charges for these very serious crimes.”
FBI Assistant Director William F. Sweeney Jr. said: “Rounding up these alleged gang members is more than just removing violent criminals from the streets they believe they control. They’re pushing and selling drugs that are killing thousands of people each year in our country, adding to the epidemic tearing apart families and communities. Our work today, and the work we will continue to do tomorrow on our FBI Metro Safe Streets Gang Task Force, is vital to combating the spread of these drugs, and crucial to saving people’s lives.”
ATF Special Agent in Charge John B. Devito said: “The defendants are alleged to have conspired on, threatened and committed numerous acts of violence to influence and control their members and enforce the territorial boundaries of their illegal narcotics operations. Thankfully through the diligent efforts of our law enforcement partners this operation has been disrupted and dismantled. We will stand with all of our local, state and federal partners to see that these violent gangs are eradicated from our communities. I would like to thank the United States Attorney’s Office for prosecuting this case.”
SCPD Commissioner Geraldine Hart said: “More than a dozen alleged violent gang members are now off the streets thanks to the collaborative efforts with our law enforcement partners. As alleged, these criminals have zero consideration for the well-being of anyone, inside or outside their gang, distributing narcotics and possessing firearms in an attempt to instill fear in our communities. We will continue to work together with our partner agencies to rid our communities of violent street gangs.”
NYPD Commissioner Dermot F. Shea said: "Targeting and dismantling gangs and crews, and preventing the violence so often associated with their illegal activities, continues to be among the highest priorities for the NYPD. We continue to relentlessly with our law enforcement partners to identify, arrest, and build the strongest possible cases to hold to account anyone who involves themselves in such behavior."
As alleged in the Indictment unsealed today in Manhattan federal court and statements made in court[1]:
CARMELO VELEZ, a/k/a “Jugg,” CHRISTOPHER RODRIGUEZ, a/k/a “Taz,” LUIS SEPULVEDA, a/k/a “Red,” ANGEL LOPEZ, a/k/a “SB,” CHRISTOPHER LUM, a/k/a “Un,” EMMANUEL BONAFE, a/k/a “Eazy,” CHRISTOPHER NELSON, a/k/a “Hype,” JOSIAH VELAZQUEZ, a/k/a “Siah,” ALBERTO BORGES, a/k/a “AB,” JUAN HERNANDEZ, a/k/a “Goldo,” HEINNER SOLIS, a/k/a “Juelz,” EZEQUIEL OSPINA, a/k/a “Izzy,” RAIMUNDO NIEVES, a/k/a “Dobule-R,” DEESHUNTEE STEVENS, a/k/a “Kay,” HECTOR BONAPARTE, a/k/a “June,” and MICHAEL GONZALEZ, a/k/a “Wisdom,” are members and associates of a racketeering enterprise known as the “Black Mob,” which operates in the Bronx, Manhattan, Queens, Brooklyn, and Long Island. The Black Mob is a set, or “tribe,” of the nationwide Latin Kings gang. In order to enrich the enterprise, protect and expand its criminal operations, enforce discipline among its members, and retaliate against members of rival gangs, members and associates of the Black Mob committed, conspired, attempted, and threatened to commit acts of violence; distributed and possessed with intent to distribute narcotics, including heroin, fentanyl, and crack; committed robberies; and obtained, possessed, and used firearms.
VELEZ, 30, RODRIGUEZ, 34, SEPULVEDA, 27, LOPEZ, 34, LUM, 28, BONAFE, 27, NELSON, 28. VELAZQUEZ, 22, BORGES, 29, JUAN HERNANDEZ, 31, JESUS HERNANDEZ, 26, SOLIS, 25, and OSPINA, 23, are each charged with one count of racketeering conspiracy, which carries a statutory maximum sentence of life in prison.
Those 13 defendants, as well as NIEVES, 46, STEVENS, 46, BONAPARTE, 37, and GONZALEZ, 33, are each charged with one count of conspiracy to distribute and possess with intent to distribute: (i) one kilogram and more of mixtures and substances containing a detectable amount of heroin, (ii) 400 grams and more of mixtures and substances containing a detectable amount of fentanyl, (iii) 280 grams and more of mixtures and substances containing a detectable amount of crack cocaine, (iv) five kilograms and more of mixtures and substances containing a detectable amount of cocaine, (v) oxycodone, (vi) alprazolam, and (vii) marijuana, which carries a statutory maximum sentence of life in prison, and a mandatory minimum sentence of 10 years in prison.
All of the defendants except GONZALEZ are also each charged with possessing, carrying, and using firearms in relation to, and in furtherance of, the narcotics conspiracy, which carries a statutory maximum sentence of life in prison, and a mandatory minimum sentence of five years in prison.
* * *
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the FBI, NYPD, ATF, and SCPD. Mr. Berman also thanked the New York State Department of Corrections and Community Supervision for its assistance in the case.
This case is being handled by the Office’s Narcotics Unit. Assistant United States Attorneys Adam Hobson and Elinor Tarlow are in charge of the prosecutions.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment constitutes only allegations, and every fact described herein should be treated as an allegation.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Division of the Federal Bureau of Investigation (“FBI”), and Richard Conway, Chief of the Port Chester Police Department, announced today the unsealing of an Indictment charging CRISTIAN FERNANDEZ, JOHNNY FERNANDEZ, JESUS GONZALEZ, JUAN HERNANDEZ, JUAN PABLO RENDON-INZUNZA, NICOLE MAISONET, GABRIEL ORTIZ, a/k/a “Bebe,” MARIA ROLON, EDGARDO RUIZ, a/k/a “Roro,” HECTOR SANCHEZ, a/k/a “Tito,” GILBERT TORRES, FABIOLA VEGA, and JOHN VIEIRA, a/k/a “John-John,” with firearms and narcotics offenses. The defendants have been charged as a result of their membership and participation in a transnational criminal organization that trafficked in firearms and narcotics, including heroin and methamphetamine. Nine defendants were arrested or taken into federal custody on these charges today in various locations throughout the United States, namely Maryland, Massachusetts, Connecticut, and New York. ORTIZ, who is in custody on state charges in Rochester, New York, will be transferred to federal custody as soon as possible. ROLON, GONZALEZ, and INZUNZA have not been arrested to date.
Six of the defendants – CRISTIAN FERNANDEZ, JOHNNY FERNANDEZ, JUAN HERNANDEZ, GILBERT TORRES, FABIOLA VEGA, and JOHN VIEIRA – were arraigned before United States Magistrate Judge Lisa Margaret Smith this afternoon in White Plains federal court. Three other defendants –EDGARDO RUIZ, NICOLE MAISONET, and HECTOR SANCHEZ – will be presented today in federal courts in Maryland and Massachusetts.
U.S. Attorney Geoffrey S. Berman said: “As alleged, these defendants operated a nationwide drug distribution network to push heroin and methamphetamine onto U.S. streets. Thanks to the dedicated work of the FBI and Port Chester Police, these defendants are behind bars and face significant prison time for their alleged crimes.”
FBI Assistant Director William F. Sweeney Jr. said: “The members of this criminal organization created a spider web of illegal drug sales, moving their drugs from south of the border and crisscrossing the states allegedly attempting covering their tracks. These are the types of operations contributing to the deadly epidemic of overdoses in our country, indiscriminately killing people of all ages and races. The FBI Westchester County Safe Streets Task Force and our law enforcement partners have created such a vital working relationship that we are having a significant impact in stopping the flow of illegal drugs at the source.”
Port Chester Police Chief Richard Conway said: “I'm very proud our Department’s role in this investigation, which is perhaps the largest scale operation we have ever undertaken. Today’s arrests represent an example to us all of what can be accomplished when agencies work together.”
According to the Indictment[1] unsealed today in White Plains federal court:
From 2017 to 2018, in the Southern District of New York and elsewhere, CRISTIAN FERNANDEZ, JOHNNY FERNANDEZ, JESUS GONZALEZ, JUAN HERNANDEZ, JUAN PABLO RENDON-INZUNZA, NICOLE MAISONET, GABRIEL ORTIZ, MARIA ROLON, EDGARDO RUIZ, HECTOR SANCHEZ, GILBERT TORRES, FABIOLA VEGA, and JOHN VIEIRA participated in a conspiracy to distribute and possess with intent to distribute controlled substances. The criminal organization trafficked in both heroin and methamphetamine. As part of the criminal organization, CRISTIAN FERNANDEZ and FABIOLA VEGA possessed firearms in furtherance of their narcotics trafficking and, together with co-defendants HERNANDEZ, RUIZ, and TORRES, participated in a conspiracy to deal in firearms without a license between 2017 and 2018.
* * *
The maximum potential sentences in this case are prescribed by Congress and are provided in the attached table for informational purposes only, as any sentencings of the defendants will be determined by a judge.
Mr. Berman praised the outstanding investigative work of the FBI and the Port Chester Police Department. Mr. Berman also thanked the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Westchester County Police Department, and the Peekskill Police Department for their assistance in this investigation.
The prosecution is being handled by the Office’s White Plains Division. Assistant United States Attorneys Olga Zverovich and Sam Adelsberg are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
United States v. Cristian Fernandez, et al.
CHARGE
DEFENDANTS
MAXIMUM PENALTIES
Count One
Narcotics Conspiracy
CRISTIAN FERNANDEZ
JOHNNY FERNANDEZ
JESUS GONZALEZ
JUAN HERNANDEZ,
JUAN PABLO RENDON-INZUNZA
NICOLE MAISONET
GABRIEL ORTIZ, a/k/a “Bebe”
MARIA ROLON
EDGARDO RUIZ, a/k/a “Roro”
HECTOR SANCHEZ, a/k/a “Tito”
GILBERT TORRES
FABIOLA VEGA
JOHN VIEIRA a/k/a “John-John”
As to defendants CRISTIAN FERNANDEZ, GONZALEZ, INZUNZA, ORTIZ, RUIZ, SANCHEZ, VEGA:
Life in prison with a mandatory minimum of 10 years in prison
As to defendants JOHNNY FERNANDEZ, HERNANDEZ, MAISONET, ROLON, TORRES, and VIEIRA:
40 years in prison with a mandatory minimum of five years in prison
Count Two
Conspiracy to Deal in Firearms without a License
CRISTIAN FERNANDEZ
JUAN HERNANDEZ
EDGARDO RUIZ, a/k/a “Roro” GILBERT TORRES
FABIOLA VEGA
Five years in prison
Count Three
Firearms Offense
FABIOLA VEGA
Life in prison with a mandatory minimum of five years in prison
Count Four
Firearms Offense
CRISTIAN FERNANDEZ
Life in prison with a mandatory minimum of five years in prison
[1] As the introductory phrase signifies, the entirety of the text of the Indictment, and the description of the Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, Darcel D. Clark, the Bronx County District Attorney, James O’Neill, the Commissioner of the New York City Police Department (“NYPD”), Angel M. Melendez, Special Agent-in-Charge of the New York Field Office of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), and James J. Hunt, Special Agent-in-Charge of the New York Field Division of the Drug Enforcement Administration (“DEA”), today announced the unsealing of two Indictments charging 49 members of two Bronx-based drug distribution organizations, with various narcotics, robbery, and firearms offenses, including the murder of Jose Morales on December 11, 2016.
Fifteen defendants associated with a drug distribution organization operating primarily on East 175th Street and Monroe Avenue in the Bronx are charged in United States v. James Felton, et al., which has been assigned to U.S. District Judge William H. Pauley. The defendants taken into federal custody today were presented before Magistrate Judges Barbara C. Moses and Henry B. Pitman. Three defendants, JAMES FELTON, JAMES DIAZ, and ANDRE FELTON, are currently incarcerated in federal custody on related charges and will be arraigned on the Indictment before Judge Pauley on March 23, 2017.
Thirty-four defendants associated with a drug distribution organization operating primarily on Weeks Avenue and East 176th Street in the Bronx are charged in United States v. Edwin Romero, et al., which has been assigned to U.S. District Judge Loretta A. Preska. The defendants taken into federal custody today were presented before Magistrate Judges Barbara C. Moses and Henry B. Pitman.
Manhattan Acting U.S. Attorney Joon H. Kim said: “Dozens of alleged members of two drug distribution organizations have been charged with peddling potentially lethal drugs. Many are also charged with committing violent crimes, including four who allegedly murdered Jose Morales in furtherance of their drug business. All New Yorkers are entitled to the peaceful enjoyment of their homes, free from the devastating effects of drugs and the violence that can accompany drug trafficking. Together with our law enforcement partners, we will continue to work to return the neighborhoods of the Bronx to the law-abiding people who live in them.”
Bronx District Attorney Darcel D. Clark said: “This case crystallizes how drug dealing’s attendant violence devastates our neighborhoods. These two organizations held the Mount Hope area in a vise grip of numerous street shootings, including at least one murder. In our fight against heroin and other drugs, we must always remain focused on the community residents who are victimized by these vicious traffickers.”
Police Commissioner James P. O’Neill said: “Today’s arrests are the latest example of drug dealing that led to violence, including armed robberies and a murder in the Bronx, as alleged. This type of precision policing is leading to further reductions in crime beyond last year’s all-time low. Many thanks to the detectives, agents, and the prosecutors in the Southern District we so often work with and whose diligence resulted in the leveling of these serious drug trafficking charges today.”
HSI Special Agent-in-Charge Angel M. Melendez said: “Today the law enforcement community in New York struck a serious blow to violent drug distribution organizations that operate in our city. Two such organizations allegedly flooded the community of Mount Hope in the Bronx with heroin, crack cocaine, fear and death. This is yet another step in our efforts to bring peace and hope to our communities by removing the alleged leadership and rank-and-file members of these organizations, putting an end to their menacing criminal conduct.”
DEA Special Agent in Charge of the New York Field Division James J. Hunt said: “Guns, violence and turf wars plague neighborhoods that drug dealers have turned into battlefields. Today, law enforcement has reclaimed the Mount Hope section of the Bronx by arresting dozens of alleged members of two drug trafficking organizations. DEA Agents working with HSI, NYPD, the Bronx District Attorney’s Office and the SDNY U.S. Attorney’s Office identified and dismantled these crews allegedly responsible for fueling drug addiction and drug-related violence.”
The Indictments[1] arise from a joint investigation by HSI, the DEA, and the NYPD into two violent drug trafficking organizations that operated in the 46th Precinct in the Bronx. Members of these drug trafficking organizations sold crack cocaine, cocaine, heroin, and marijuana, and they possessed and used firearms to further their drug trafficking activities.
Count One of the Indictment in U.S. v. James Felton, et al., unsealed today in Manhattan federal court, charges JAMES FELTON, JAMES DIAZ, ANDRE FELTON, EZEKIEL BURLEY, URIAH BROWN, BRADFORD CANNON, WILLIE REEVES, HAROLD FIELDS, ROBERT BRENT, DASHAUN MCDONALD, MATTHEW TORRES, TYRONE TURNER, KENDRICK MCCRAY, GINGER DIAZ, and JOSE SANDOVAL with conspiring to distribute and possess with intent to distribute crack cocaine, cocaine, heroin, and marijuana.
Counts Two charges JAMES FELTON, DIAZ, ANDRE FELTON, and BURLEY with the murder of Jose Morales, which occurred on December 11, 2016, in the vicinity of East 175th Street and Weeks Avenue, in the course of a narcotics conspiracy.
Count Three charges JAMES FELTON, DIAZ, ANDRE FELTON, and BURLEY with using, carrying, possessing, brandishing, and discharging a firearm during and in relation to a narcotics conspiracy, resulting in the death of Jose Morales on December 11, 2016.
Count Four charges JAMES FELTON, DIAZ, and BURLEY with using, carrying, possessing, brandishing, and discharging a firearm during and in relation to a narcotics conspiracy, on dates other than December 11, 2016.
Count Five charges BROWN, CANNON, REEVES, FIELDS, BRENT, MCDONALD, TORRES, TURNER, MCCRAY, DIAZ, and SANDOVAL with using, carrying, possessing, brandishing, and discharging firearms during and in relation to a narcotics conspiracy.
Count One of the Indictment in U.S. v. Edwin Romero, et al., unsealed today in Manhattan federal court, charges EDWIN ROMERO, RAFAEL ROMERO, FRANCIS PALUZZI, LUIS GONZALEZ, ANIBAL GONZALEZ, CARLOS MOTA, ELIMANUEL DIAZ, PEDRO OLIVO, ADRIAN SANCHEZ, DARYL SIMON, JEFFREY FERNANDEZ, JUAN VALDEZ, WILLIE TUCKER, KASAN NOBLE, DAMIAN SAUNDERS, DANIEL JEFFERSON, DERECK JEFFERSON, WAYNE SCOTT, ERIC RIVERA, MICHAEL MARTINEZ, MAXAMILLION MERCADO, KAREEM SIMMONDS, ALEXANDER PENA, ANTHONY CLASE, CARLOS ACOSTA, CHRISTOPHER RODRIGUEZ, GABRIEL GONZALEZ, JESUS MATA, NANA OWUSU, ROBERTO RAMIREZ, WILPHER RODRIGUEZ, YAWILIS RODRIGUEZ, JESUS ABAD, and ANGEL GUANCE with conspiring to distribute and possess with intent to distribute crack cocaine, cocaine, heroin, and marijuana.
Count Two charges EDWIN ROMERO, SANCHEZ, VALDEZ, TUCKER, and YAWILIS RODRIGUEZ with conspiring to commit robbery.
Count Three charges EDWIN ROMERO, RAFAEL ROMERO, FRANCIS PALUZZI, LUIS GONZALEZ, ANIBAL GONZALEZ, CARLOS MOTA, ELIMANUEL DIAZ, PEDRO OLIVO, ADRIAN SANCHEZ, DARYL SIMON, JEFFREY FERNANDEZ, JUAN VALDEZ, WILLIE TUCKER, KASAN NOBLE, DAMIAN SAUNDERS, DANIEL JEFFERSON, DERECK JEFFERSON, WAYNE SCOTT, ERIC RIVERA, MICHAEL MARTINEZ, KAREEM SIMMONDS, ALEXANDER PENA, ANTHONY CLASE, CARLOS ACOSTA, CHRISTOPHER RODRIGUEZ, GABRIEL GONZALEZ, JESUS MATA, NANA OWUSU, ROBERTO RAMIREZ, WILPHER RODRIGUEZ, YAWILIS RODRIGUEZ, JESUS ABAD, and ANGEL GUANCE with using, carrying, possessing, brandishing, and discharging a firearm during and in relation to a narcotics conspiracy.
Count Four charges EDWIN ROMERO with using, carrying, possessing, brandishing, and discharging a firearm during and in relation to a crime of violence.
* * *
Charts containing the names, ages, residences, charges, and maximum penalties for the defendants are set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the respective judges.
Mr. Kim praised the outstanding investigative work of the NYPD, HSI, and DEA, and expressed gratitude for the coordinated efforts of the NYPD’s Detective Bureau, including the Bronx Violent Crime Squad, the 46th Precinct Detectives Squad, and the Bronx Homicide Task Force. Mr. Kim also expressed gratitude to the Bronx District Attorney’s Office for its partnership in this investigation.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Frank Balsamello, Matthew Laroche, Anden Chow, and Michael Krouse, and Special Assistant United States Attorney Matthew Hellman (cross-designated from the Bronx District Attorney’s Office) are in charge of the prosecution.
The charges contained in the Indictments are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
United States v. James Felton, et al., S2 17 Cr. 21 (WHP)
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics conspiracy
21 U.S.C. § 846
JAMES FELTON
JAMES DIAZ
ANDRE FELTON
EZEKIEL BURLEY
URIAH BROWN
BRADFORD CANNON
WILLIE REEVES
HAROLD FIELDS
ROBERT BRENT
DASHAUN MCDONALD
MATTHEW TORRES
TYRONE TURNER
KENDRICK MCCRAY
GINGER DIAZ
JOSE SANDOVAL
Life in prison
Mandatory minimum of 10 years in prison
2
Murder while engaged in a narcotics conspiracy
21 U.S.C. § 848(e)(1)(A); 18 U.S.C. § 2
JAMES FELTON
JAMES DIAZ
ANDRE FELTON
EZEKIEL BURLEY
Life in prison or death
Mandatory minimum of 20 years in prison
3
Using, carrying, possessing, brandishing, and discharging firearms, causing death
18 U.S.C. §§ 924(j)(1) and 2
JAMES FELTON
JAMES DIAZ
ANDRE FELTON
EZEKIEL BURLEY
Life in prison or death
4
Using, carrying, possessing, brandishing, and discharging firearms
18 U.S.C.
§§ 924(c)(1)(A)(i), (ii), (iii), 924(c)(1)(C)(i), and 2
JAMES FELTON
JAMES DIAZ
EZEKIEL BURLEY
Life in prison
Mandatory minimum of 10 years in prison for DIAZ and BURLEY
Mandatory minimum of 25 years in prison for JAMES FELTON
5
Using, carrying, possessing, brandishing, and discharging firearms
18 U.S.C.
§§ 924(c)(1)(A)(i), (ii), and (iii), 2
URIAH BROWN
BRADFORD CANNON
WILLIE REEVES
HAROLD FIELDS
ROBERT BRENT
DASHAUN MCDONALD
MATTHEW TORRES
TYRONE TURNER
KENDRICK MCCRAY
GINGER DIAZ
JOSE SANDOVAL
Life in prison
Mandatory minimum of 10 years in prison
DEFENDANT
AGE
RESIDENCE
JAMES FELTON
47
Bronx, New York
JAMES DIAZ,
a/k/a “Chunky”
24
Bronx, New York
ANDRE FELTON,
a/k/a “Dre”
39
Mount Vernon, New York
EZEKIEL BURLEY,
a/k/a “Ezekiel McCall”
a/k/a “Zeke”
a/k/a “Ziggy”
23
Bronx, New York
URIAH BROWN,
a/k/a “Scooter”
42
Bronx, New York
BRADFORD CANNON,
a/k/a “Brad”
46
Bronx, New York
WILLIE REEVES,
a/k/a “Willie Reed”
a/k/a “Willow”
30
Bronx, New York
HAROLD FIELDS,
a/k/a “Howie”
a/k/a “HD”
38
Bronx, New York
ROBERT BRENT,
a/k/a “Ready”
45
Brooklyn, New York
DASHAUN MCDONALD,
a/k/a “Dayday”
27
Bronx, New York
MATTHEW TORRES,
a/k/a “Mac Mittens”
a/k/a “Green Eyes”
33
Bronx, New York
TYRONE TURNER,
a/k/a “Skrap”
32
Bronx, New York
KENDRICK MCCRAY,
a/k/a “Kenny”
43
Bronx, New York
GINGER DIAZ,
a/k/a “George”
30
Bronx, New York
JOSE SANDOVAL,
a/k/a “Shorty”
41
Bronx, New York
United States v. Edwin Romero, et al., S1 17 Cr. 123 (LAP)
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics conspiracy
21 U.S.C. § 846
EDWIN ROMERO
RAFAEL ROMERO
FRANCIS PALUZZI
LUIS GONZALEZ
ANIBAL GONZALEZ
CARLOS MOTA
ELIMANUEL DIAZ
PEDRO OLIVO
ADRIAN SANCHEZ
DARYL SIMON
JEFFREY FERNANDEZ
JUAN VALDEZ
WILLIE TUCKER
KASAN NOBLE
DAMIAN SAUNDERS
DANIEL JEFFERSON
DERECK JEFFERSON
WAYNE SCOTT
ERIC RIVERA
MICHAEL MARTINEZ
MAXAMILLION MERCADO
KAREEM SIMMONDS
ALEXANDER PENA
ANTHONY CLASE
CARLOS ACOSTA
CHRISTOPHER RODRIGUEZ
GABRIEL GONZALEZ
JESUS MATA
NANA OWUSU
ROBERTO RAMIREZ
WILPHER RODRIGUEZ
YAWILIS RODRIGUEZ
JESUS ABAD
ANGEL GUANCE
Life in prison
Mandatory minimum of 10 years in prison
2
Robbery conspiracy
18 U.S.C. § 1951
EDWIN ROMERO
ADRIAN SANCHEZ
JUAN VALDEZ
WILLIE TUCKER
YAWILIS RODRIGUEZ
20 years in prison
3
Using, carrying, possessing, brandishing, and discharging firearms
18 U.S.C.
§§ 924(c)(1)(A)(i), (ii), and (iii), 2
EDWIN ROMERO
RAFAEL ROMERO
FRANCIS PALUZZI
LUIS GONZALEZ
ANIBAL GONZALEZ
CARLOS MOTA
ELIMANUEL DIAZ
PEDRO OLIVO
ADRIAN SANCHEZ
DARYL SIMON
JEFFREY FERNANDEZ
JUAN VALDEZ
WILLIE TUCKER
KASAN NOBLE
DAMIAN SAUNDERS
DANIEL JEFFERSON
DERECK JEFFERSON
WAYNE SCOTT
ERIC RIVERA
MICHAEL MARTINEZ
KAREEM SIMMONDS
ALEXANDER PENA
ANTHONY CLASE
CARLOS ACOSTA
CHRISTOPHER RODRIGUEZ
GABRIEL GONZALEZ
JESUS MATA
NANA OWUSU
ROBERTO RAMIREZ
WILPHER RODRIGUEZ
YAWILIS RODRIGUEZ
JESUS ABAD
ANGEL GUANCE
Life in prison
Mandatory minimum of 10 years in prison
4
Using, carrying, possessing, brandishing, and discharging firearms
18 U.S.C.
§§ 924(c)(1)(A)(i), (ii), (iii), 924(c)(1)(C)(i), and 2
EDWIN ROMERO
Life in prison
Mandatory minimum of 25 years in prison
DEFENDANT
AGE
RESIDENCE
EDWIN ROMERO,
a/k/a “Yones”
a/k/a “Yoni”
35
Bronx, New York
RAFAEL ROMERO,
a/k/a “Kodi”
34
Bronx, New York
FRANCIS PALUZZI,
a/k/a “Fetty”
27
Bronx, New York
LUIS GONZALEZ,
a/k/a “Tili”
a/k/a “Bori”
39
Bronx, New York
ANIBAL GONZALEZ,
a/k/a “Foli”
34
Bronx, New York
CARLOS MOTA,
a/k/a “Culebra”
a/k/a “Snake”
47
Bronx, New York
ELIMANUEL DIAZ,
a/k/a “Lima”
27
Bronx, New York
PEDRO OLIVO,
a/k/a “Pito”
24
Bronx, New York
ADRIAN SANCHEZ,
a/k/a “Pachi”
23
Bronx, New York
DARYL SIMON,
a/k/a “D-Money”
19
Bronx, New York
JEFFREY FERNANDEZ,
a/k/a “Jefe”
19
Bronx, New York
JUAN VALDEZ,
a/k/a “Sito”
21
Bronx, New York
WILLIE TUCKER,
a/k/a “Big Will”
a/k/a “BJ”
a/k/a “BG”
38
Bronx, New York
KASAN NOBLE,
a/k/a “Kay Kay”
40
Bronx, New York
DAMIAN SAUNDERS,
a/k/a “Floss”
37
Bronx, New York
DANIEL JEFFERSON,
a/k/a “Ace”
30
Bronx, New York
DERECK JEFFERSON,
a/k/a “Bang”
28
Bronx, New York
WAYNE SCOTT,
a/k/a “Punch”
37
Bronx, New York
ERIC RIVERA,
a/k/a “Chucky”
a/k/a “Chuck Dollarz”
24
Bronx, New York
MICHAEL MARTINEZ
26
Bronx, New York
MAXAMILLION MERCADO,
a/k/a “Bully”
24
Bronx, New York
KAREEM SIMMONDS,
a/k/a “Kareem Simmons”
a/k/a “Black”
40
Bronx, New York
ALEXANDER PENA,
a/k/a “Green Eyes”
20
Bronx, New York
ANTHONY CLASE,
a/k/a “Ant”
30
Bronx, New York
CARLOS ACOSTA,
a/k/a “Greg”
23
Bronx, New York
CHRISTOPHER RODRIGUEZ,
a/k/a “Dread”
21
Bronx, New York
GABRIEL GONZALEZ,
a/k/a “Gabi”
a/k/a “Baldy”
40
Bronx, New York
JESUS MATA,
a/k/a “Junior”
a/k/a “Jay”
20
Bronx, New York
NANA OWUSU,
a/k/a “Africa”
19
Bronx, New York
ROBERTO RAMIREZ
29
Bronx, New York
WILPHER RODRIGUEZ
23
Bronx, New York
YAWILIS RODRIGUEZ,
a/k/a “Will”
22
Bronx, New York
JESUS ABAD,
a/k/a “Rojo”
26
Bronx, New York
ANGEL GUANCE,
a/k/a “Chico”
a/k/a “All In”
27
Bronx, New York
[1] As the introductory phrase signifies, the entirety of the text of the Indictments, and the description of the Indictments set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the second highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE2
Format: N2
Description: The four digit AO offense code associated with FTITLE2
Format: A4
Description: The four digit D2 offense code associated with FTITLE2
Format: A4
Description: A code indicating the severity associated with FTITLE2
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the third highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE3
Format: N2
Description: The four digit AO offense code associated with FTITLE3
Format: A4
Description: The four digit D2 offense code associated with FTITLE3
Format: A4
Description: A code indicating the severity associated with FTITLE3
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that ANTHONY DELOSANGELES, a/k/a “Taco,” was sentenced today to over eight years in prison for selling heroin, some of which substantially contributed to the overdose death of one of DELOSANGELES’s customers. DELOSANGELES pled guilty on March 17, 2017, to one count of conspiracy to distribute more than 100 grams of heroin. He was sentenced today in White Plains federal court by U.S. District Court Judge Kenneth M. Karas.
Acting U.S. Attorney Joon H. Kim stated: “Anthony Delosangeles sold heroin to a young man he knew had just left a drug rehabilitation program. The same day, that young man used the heroin Delosangeles sold him, overdosed, and died. The epidemic of opioid abuse is devastating our communities, costing human lives, and ripping families apart. This Office will aggressively pursue cases against dealers who fuel this deadly epidemic.”
According to the Indictment filed in White Plains federal court as well as public court filings and statements made in connection with the plea and sentencing proceedings:
From at least in or about May 2015 up to and including in or about February 2016, in the Southern District of New York and elsewhere, DELOSANGELES and others conspired to sell at least 100 grams of heroin. One of the DELOSANGELES’s customers was a 25-year-old man named Thomas Cipollaro. On November 3, 2015, Mr. Cipollaro, who had just finished a period in a rehabilitation treatment center for his heroin addiction, texted DELOSANGELES, asking to buy heroin. During the ensuring text exchange, DELOSANGELES learned that Mr. Cipollaro had just completed a drug rehabilitation program and that Mr. Cipollaro planned to use the heroin he was about to purchase immediately. DELOSANGELES also bragged to Mr. Cipollaro that his heroin was particularly strong.
Later that same day, Mr. Cipollaro was found unresponsive in his car with 15 empty glassine baggies, consistent with bags used to package heroin, near his body. Despite efforts to revive him, Mr. Cipollaro remained in a coma for the next several days and then died. Autopsy and toxicology reports revealed that Mr. Cipollaro had heroin in his system, which substantially contributed to his death. Even after learning of Mr. Cipollaro’s overdose death, DELOSANGELES continued to sell heroin to customers in and around Westchester County, New York.
DELOSANGELES, 20, of Tarrytown, New York, has already served approximately 13 months of his sentence and will serve an additional 84 months in custody from the date of his sentencing. In addition to his prison term, DELOSANGELES was sentenced to four years of supervised release and forfeited approximately $30,000 in cash drug proceeds, which were seized during the investigation.
Mr. Kim praised the outstanding investigative work of the Federal Bureau of Investigation, the Drug Enforcement Administration, the Yorktown Police Department, the Westchester County District Attorney’s Office, and the Westchester County Department of Public Safety.
The prosecution of this case is being handled by the Office’s White Plains Division. Assistant United States Attorney Maurene Comey is in charge of the case.
Preet Bharara, the United States Attorney for the Southern District of New York, Angel M. Melendez, Special Agent-in-Charge of the New York Field Office of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), James J. Hunt, Special Agent in Charge of the New York Field Division of the Drug Enforcement Administration (“DEA”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), today announced the unsealing of an Indictment charging eight members of a Bronx-based street gang, the Beach Avenue Crew, with various racketeering, firearms, and narcotics offenses, including the attempted murders of a rival gang member and rival drug trafficker.
Five of the eight defendants, JEAN BAPTISTE LESSAGE, DAVID BUCKHANON, JAMMAL LINDO, JALEEL BARON, and KYLE MULLINGS, were taken into federal custody yesterday or this morning and will be presented and arraigned before United States Magistrate Judge Ronald L. Ellis today. ALI HAMILTON, is currently incarcerated in federal custody on related charges, and was arraigned today before Judge Ellis. NORMAN EDWARDS was taken into federal custody this morning in Allentown, Pennsylvania, and will be presented later today before a magistrate judge in the Eastern District of Pennsylvania. MAURICE SIMMONS remains at large. The case has been assigned to U.S. District Judge Laura Taylor Swain.
Manhattan U.S. Attorney Preet Bharara said: “As alleged, through the sale of crack cocaine and their violent conflict with rival crews, the Beach Avenue Crew wreaked havoc on the streets of the Bronx. We and our law enforcement partners are determined to combat alleged gang and drug violence in the Bronx through charges like those brought today.”
HSI Special Agent-in-Charge Angel M. Melendez said: “The Beach Avenue Crew has allegedly tormented our city streets for nearly a decade. These arrests mean there are fewer alleged gang bangers wreaking havoc, dealing drugs and committing crimes in our communities. HSI is committed to working closely with its law enforcement partners to keep violent street gangs at bay and our neighborhoods safe.”
DEA Special Agent in Charge James J. Hunt said: “Shootings, turf wars and murders are means to an end for drug crews controlling their distribution strongholds. Allegedly, the Beach Avenue Crew were the bullies of the neighborhood selling crack and imposing domineering threats on rival drug gangs and innocent neighbors in the Bronx. These arrests have taken more violent criminals off the streets in order to make our communities safe from drug and gun violence.”
Police Commissioner James P. O’Neill said: “The defendants attempted to control their drug turf through gun violence allegedly carried out across the Bronx, endangering the lives of everyone around them, as alleged in the indictment. We will be relentless in pursuing those who carry out violence. I commend the detectives, agents and prosecutors whose work resulted in these arrests and the unsealing of this indictment.”
As alleged in the Indictment unsealed today in Manhattan federal court[1]:
The Beach Avenue Crew was a criminal enterprise that operated principally in and around the Bronx, New York, from at least 2009 up to and including February 2017. One of the Beach Avenue Crew’s principal objectives was to sell cocaine base, commonly known as “crack cocaine,” primarily in and around Beach Avenue in the Bronx. The Beach Avenue Crew controlled crack cocaine sales within this area by prohibiting and preventing non-members, outsiders, and rival narcotics dealers from distributing crack cocaine in the area controlled by the Enterprise.
Members and associates of the Beach Avenue Crew engaged in acts of violence against rival gang members from nearby crews, and rival drug dealers who encroached on the Beach Avenue Crew’s territory. These acts of violence included assaults and attempted murder, and were committed to protect the Beach Avenue Crew’s drug territory, to retaliate against members of rival gangs who had encroached on the territory controlled by the Beach Avenue Crew, and to otherwise promote the standing and reputation of the Beach Avenue Crew amongst rival gangs.
The violence perpetrated by the Beach Avenue Crew included at least two attempted murders. On or about August 2, 2016, JAMMAL LINDO, JEAN BAPTISTE LESSAGE, and JALEEL BARON shot at a rival drug trafficker and another individual (“Victim-1”), resulting in bodily injury to Victim-1. On or about May 5, 2015, ALI HAMILTON shot at a member of a rival crew on Leland Avenue in the Bronx, causing bodily injury to another individual standing nearby.
Count One of the Indictment charges ALI HAMILTON, JEAN BAPTISTE LESSAGE, DAVID BUCKHANON, JAMMAL LINDO, MAURICE SIMMONS, NORMAN EDWARDS, JALEEL BARON, and KYLE MULLINGS with participating in a racketeering conspiracy.
Counts Two charges HAMILTON with assault and attempted murder in aid of racketeering activity in connection with the May 2015 shooting at a member of a rival crew.
Count Three charges LINDO, LESSAGE, and BARON with assault and attempted murder in aid of racketeering activity in connection with the August 2016 shooting at a rival drug trafficker.
Count Four charges HAMILTON, LESSAGE, BUCKHANON, LINDO, SIMMONS, EDWARDS, BARON, and MULLINGS with participating in a narcotics conspiracy, in connection with their distribution of crack cocaine in and around Beach Avenue.
Count Five charges HAMILTON, LESSAGE, BUCKHANON, LINDO, SIMMONS, EDWARDS, BARON, and MULLINGS with a firearms offense in connection with the racketeering conspiracy charged in Count One and the narcotics conspiracy charged in Count Four.
Count Six charges HAMILTON with being a convicted felon in possession of a firearm.
* * *
Charts containing the names, ages, residences, charges, and maximum penalties for the defendants are set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Bharara praised the outstanding investigative work of HSI, the DEA, and the NYPD.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Jessica Lonergan, Scott Hartman, and Jason Swergold are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Racketeering conspiracy
18 U.S.C. § 1962(d)
ALI HAMILTON
JEAN BAPTISTE LESSAGE
DAVID BUCKHANON
JAMMAL LINDO
MAURICE SIMMONS
NORMAN EDWARDS
JALEEL BARON
KYLE MULLINGS
20 years in prison
2
Assault and attempted murder in aid of racketeering activity
18 U.S.C. §§ 1959(a)(3) and 1959 (a)(5)
ALI HAMILTON
20 years in prison
3
Assault and attempted murder in aid of racketeering activity
18 U.S.C. §§ 1959(a)(3) and 1959 (a)(5)
JAMMAL LINDO
JEAN BPATISTE LESSAGE
JALEEL BARON
20 years in prison
4
Narcotics conspiracy
21 U.S.C. § 846
ALI HAMILTON
JEAN BAPTISTE LESSAGE
DAVID BUCKHANON
JAMMAL LINDO
MAURICE SIMMONS
NORMAN EDWARDS
JALEEL BARON
KYLE MULLINGS
Life in prison
Mandatory minimum of 10 years in prison
5
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence or drug trafficking crime
924(c)(1)(A)(iii)
ALI HAMILTON
JEAN BAPTISTE LESSAGE
DAVID BUCKHANON
JAMMAL LINDO
MAURICE SIMMONS
NORMAN EDWARDS
JALEEL BARON
KYLE MULLINGS
Life in prison
Mandatory minimum of 10 years in prison
6
Felon in possession of a firearm
18 U.S.C. § 922(g)(1)
ALI HAMILTON
10 years in prison
DEFENDANT
AGE
RESIDENCE
ALI HAMILTON
a/k/a “Smiley”
24
Bronx, NY
JEAN BAPTISTE LESSAGE
a/k/a “Usher”
35
Bronx, NY
DAVID BUCKHANON
a/k/a “Mase”
30
Bronx, NY
JAMMAL LINDO
a/k/a “Poppy,” a/k/a “Ghost”
23
Bronx, NY
MAURICE SIMMONS
a/k/a “Momoneybagz”
24
Bronx, NY
NORMAN EDWARDS
a/k/a “Hollywood”
25
Lehigh County, PA
JALEEL BARON
a/k/a “Jah,” a/k/a “Youngin”
24
Westchester County, NY
KYLE MULLINGS
a/k/a “Kase”
22
Bronx, NY
[1] As the introductory phrase signifies, the entirety of the text of the Indictment, and the description of the Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
NEW ORLEANS, LOUISIANA – MALCOM JOHNSON, age 41, a resident of New Orleans, pleaded guilty on April 16, 2024, before United States District Judge Susie Morgan to violating the Federal Controlled Substances Act, announced U.S. Attorney Duane A. Evans.
According to court records, JOHNSON sold $400 worth of heroin to a DEA confidential source in the Lower Ninth Ward of New Orleans. He was charged with violating Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).
Judge Morgan set sentencing for July 23, 2024. JOHNSON faces up to 20 years imprisonment a fine of up to $1,000,000, at least 3 years of supervised release, and a mandatory special assessment fee of $100.
The case was investigated by the Drug Enforcement Administration. It is being prosecuted by Assistant United States Attorney David Haller, Senior Litigation Counsel.
