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, 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, 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, Commissioner of the New York City Police Department (“NYPD”), announced today the unsealing of an indictment charging FRANK BRANDON, a/k/a “Trizzy,” an alleged member of the “Milla Bloods” gang, with the February 23, 2014, murder of Gashier Mendy, 24, inside the Saint Nicholas Houses in Manhattan, and related offenses. BRANDON was taken into federal custody this morning in Gloversville, New York, and was presented this afternoon before United States Magistrate Judge Kevin Nathaniel Fox. The case is assigned to U.S. District Judge Edgardo Ramos.
U.S. Attorney Geoffrey S. Berman said: “Almost five years ago, Gashier Mendy was shot dead, her life tragically and brutally taken. As alleged in today’s indictment, Frank Brandon killed her. Thanks to the outstanding efforts of the NYPD and ATF, Brandon now faces murder charges for his heinous crime.”
ATF Special Agent-in-Charge John B. Devito said: “Frank Brandon, an alleged member of the ‘Milla Bloods’ gang, was charged with a number of federal offenses including the murder of a young woman. ATF and our law enforcement partners stand united at the frontline in the fight against violent crime. We will aggressively pursue and bring to justice any individual bent on bringing heinous acts of violence into their communities. I would like to thank the members of the ATF/ NYPD Joint Robbery Task Force for their tireless efforts on this case. I would also like to thank the United States Attorney’s Office for their work in prosecuting this case.
According to the allegations in the Indictment[1]:
BRANDON was a member of the “Milla Bloods,” a gang that operated in Manhattan and engaged in racketeering activity, including acts of violence and narcotics distribution. On February 23, 2014, in furtherance of his gang activity, BRANDON shot and killed Gashier Mendy inside 240 West 129th Street.
* * *
BRANDON, 32, of Gloversville, New York, is charged in the Indictment with one count of murder in aid of racketeering, in violation of Title 18, United States Code, Sections 1959(a)(1) and 2; one count of murder through the use of a firearm, in violation of Title 18, United States Code, Sections 924(j) and 2; one count of being a felon in possession of ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 2; and one count of conspiracy to distribute and possess with intent to distribute methamphetamines and marijuana, in violation of Title 21, United States Code, Section 846. BRANDON faces a mandatory minimum penalty of death or life 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 work of the NYPD and ATF.
The case is being prosecuted by the Office’s Violent and Organized Crime Unit. Assistant United States Attorney Dominic A. Gentile is 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 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
Audrey Strauss, the Acting United States Attorney for the Southern District of New York, announced that STEVEN L. CREA, the Underboss of the Luchese Family, was sentenced today to life in prison, a $400,000 fine, and the forfeiture of $1 million following his conviction for the 2013 murder of Michael Meldish, conspiracy to commit racketeering, and other felonies. A jury convicted CREA and three co-defendants on November 15, 2019, following a six-week trial before U.S. District Judge Cathy Seibel, who also imposed today’s sentence.
Acting U.S. Attorney Audrey Strauss said: “Steven L. Crea – the Underboss of the Luchese Family – is the last of a dozen made men arrested in 2017 to be sentenced for his crimes. For his role in the 2013 murder of Michael Meldish and other crimes, Crea will now spend the rest of his life behind bars. 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, the admissions of defendants who pled guilty, and other court documents:
STEVEN L. CREA was the Underboss, or second-in-command, of the Luchese Family of La Cosa Nostra, one of the “Five Families” that constitute the Mafia in the New York City area. From 2000 to his arrest in 2017, CREA helped lead the Luchese Family, which made millions of dollars in profit from crimes committed by the Family’s members and associates in New York City, Westchester, Long Island, New Jersey, and elsewhere. In 2013, CREA helped orchestrate the murder of Michael Meldish.
In May 2017, charges were filed against 12 members of the Luchese Family, including the Acting Boss, Underboss, Consigliere, four captains, and five soldiers, for their commission of a wide array of crimes with the Mafia from at least in or about 2000 up to and including in or about 2017. With the exception of one captain who died before his case was resolved, every Luchese Family member charged in this case either pled guilty or was convicted at trial. With CREA’s sentencing today, all have now been sentenced by Judge Seibel. Eight Mafia associates were also charged. All subsequently pled guilty or were convicted at trial, and seven have now been sentenced. The defendants were convicted of being leaders, members and associates of the Mafia, and committing crimes including the murder of Michael Meldish; three attempted murders – including the attempted murder of a former witness against the Mafia; multiple assaults; trafficking oxycodone, cocaine, and other drugs; extortion; millions of dollars in fraud against a public hospital in the Bronx; loansharking; operating illegal gambling businesses; and other crimes. A chart containing the ages, residency information, convictions, and sentences of the defendants is attached.
* * *
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 Scott Hartman, Hagan Scotten, Jacqueline Kelly, Celia V. Cohen, and Alexandra N. Rothman are in charge of the prosecution.
DEFENDANT
AGE
CITY OF RESIDENCE
CHARGES OF CONVICTION
SENTENCE
Madonna, Matthew
84
Incarcerated
Racketeering conspiracy, murder in aid of racketeering, conspiracy to commit murder in aid of racketeering, aiding and abetting use of a firearm to commit murder
Life in prison
Crea, Steven L.
73
Crestwood, NY
Racketeering conspiracy, murder in aid of racketeering, conspiracy to commit murder in aid of racketeering, aiding and abetting use of a firearm to commit murder
Life in prison, $400,000 fine,
$1 million forfeiture
Londonio, Christopher
46
Incarcerated
Racketeering conspiracy, murder in aid of racketeering, conspiracy to commit murder in aid of racketeering, aiding and abetting use of a firearm to commit murder, conspiracy to distribute narcotics
Life in prison
Caldwell, Terrence
62
Incarcerated
Racketeering conspiracy, murder in aid of racketeering, conspiracy to commit murder in aid of racketeering, use of a firearm to commit murder, attempted murder in aid of racketeering, use of a firearm during a crime of violence
Life in prison
Datello, Joseph
69
Staten Island, NY
Racketeering conspiracy
168 months' imprisonment
Crea, Steven D.
48
New Rochelle, NY
Racketeering conspiracy, conspiracy to commit murder in aid of racketeering, attempted assault with a deadly weapon in aid of racketeering
156 months' imprisonment, $50,000 fine
Bruno, Vincent
36
Incarcerated
Attempted murder in aid of racketeering, racketeering conspiracy
136 months' imprisonment
Vaughan, Brian
54
Matawan, NJ
Racketeering conspiracy
84 months' imprisonment
O’Connor, Richard
66
Staten Island, NY
Conspiracy to distribute narcotics
72 months' imprisonment
Garcia, Carmine
Deceased
Hawthorne, NJ
Racketeering conspiracy, conspiracy to commit assault in aid of racketeering
60 months' imprisonment, $250,000 fine
DiNapoli, Joseph
84
Bronx, NY
Racketeering conspiracy
52 months' imprisonment, $250,000 fine
Castelucci, John
60
Staten Island, NY
Racketeering conspiracy
37 months' imprisonment, $150,000 fine
Maffucci, James
72
New York, NY
Extortion, Extortionate extension of credit
37 months' imprisonment
Corso, Tindaro
59
Staten Island, NY
Racketeering conspiracy
30 months' imprisonment, $10,000 fine
Venice, Joseph
59
Yonkers, NY
Racketeering conspiracy
18 months' imprisonment, $10,000 fine
Cassano, Paul
41
Yonkers, NY
Conspiracy to commit assault in aid of racketeering
18 months' imprisonment
Camilli, Robert
63
Briarcliff Manor, NY
Extortionate extension of credit
One year supervised release; $35,000 fine
Incatasciato, John
45
Elmsford, NY
Extortionate collection of credit
Two years' supervised release; 100 hours' community service
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, 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 12 members of a crew operating in and around the Murphy Houses and the Lambert Houses in the Bronx with participating in a narcotics conspiracy.
A total of eight defendants were taken into custody today; seven were arrested in the Bronx, and one defendant was arrested in Delaware. Four defendants remain at large. The seven defendants arrested in the Bronx will be presented and arraigned before U.S. Magistrate Judge James L. Cott later today. The case is assigned to U.S. District Judge Katherine Polk Failla.
Manhattan U.S. Attorney Geoffrey S. Berman said: “As alleged, the defendants conspired to sell narcotics in a number of locations, including the Murphy Houses, a NYCHA development. NYCHA residents, and all New Yorkers, should be free to go about their daily lives free from the scourge of narcotics trafficking. Thanks to the excellence of our partners at HSI and the NYPD, these defendants now face federal charges for bringing drugs to our buildings and to our streets.”
HSI Special Agent-in-Charge Angel M. Melendez said: “These crew members allegedly pushed crack cocaine and heroin in low income neighborhoods of the Bronx. The alleged dealers have no regard for their neighbors as long as they are making a profit, which is why we will continue to partner with NYPD in these investigations to remove the drugs, and those who push it, off city streets.”
NYPD Commissioner James P. O’Neill said: “Today’s indictment is a perfect example of how well the law enforcement community works together to dismantle drug organizations and put these criminals behind bars. Removing them from our streets sends a clear message to others who many choose to engage in similar activity. These substances cause immeasurable damage in our neighborhoods, and we will remain vigilant in our commitment to expose and arrest anyone who poses such a threat to the safety of New Yorkers.”
As alleged in the Indictment unsealed today in Manhattan federal court and in other court papers and proceedings[1]:
* * *
From 2016 up to June 2018, KAWAIN NELSON, a/k/a “Kobe,” a/k/a “Kobi,” a/k/a “Slope,” JAMES CROOMS, a/k/a “Butter,” ANTHONY CORLEY, a/k/a “Tone,” ALBERT COLLINS, a/k/a “A,” DARRELL HUDSON, a/k/a “Skip,” JONATHAN PADILLA, SILVIO CIPRIAN, a/k/a “T.P.,” LAMAR GRIFFIN, a/k/a “Louch,” JACKIE COOPER, a/k/a “Jack,” SHARON HATCHER, ALLEN WALKER, a/k/a “Fat Boy,” and EFRAIN REYES, a/k/a “Stone,” participated in a conspiracy to distribute and possess with the intent to distribute crack cocaine, heroin, marijuana in and around the Murphy Houses, a public housing complex, and the Lambert Houses, an affordable housing development, in the Bronx.
A chart containing the names 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 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 Sarah Krissoff, Gina Castellano, and Frank Balsamello 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. § 846
KAWAIN NELSON, 32
JAMES CROOMS, 31
ANTHONY CORLEY, 35
ALBERT COLLINS, 28
DARRELL HUDSON, 28
JONATHAN PADILLA, 29
SILVIO CIPRIAN, 30
LAMAR GRIFFIN, 28
JACKIE COOPER, 53
SHARON HATCHER, 51
ALLEN WALKER, 38
EFRAIN REYES, 49
Life in prison
Mandatory minimum of 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.
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 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, and Jonathan D. Larsen, the Acting Special Agent in Charge of the Internal Revenue Service, Criminal Investigation Division (“IRS-CI”), announced today that EVERSLEY E. BARRETT, the owner of a tax preparation business named Eversley Tax, in New Windsor, New York, was charged with assisting the preparation of false and fraudulent tax returns and tax evasion. BARRETT surrendered to authorities this morning and was presented before U.S. Magistrate Judge Paul E. Davison in White Plains federal court.
According to the allegations contained in the Indictment unsealed today[1]:
From in or about 2012 through 2016, BARRETT’s tax preparation business prepared and submitted to the IRS, on average, over 700 tax returns each year. Some of these tax returns were false and fraudulent in that they contained various fabricated and fraudulently inflated items such as filing statuses, rental real estate losses, unreimbursed employee business expenses, gifts to charity, real estate-related expenses and application of certain tax credits. BARRETT’s inclusion of these false and fraudulent deductions led the returns to fraudulently claim refunds.
As alleged in the indictment, BARRETT also prepared and filed his own tax returns. From in or about 2012 through 2016, BARRETT’s tax returns also contained many of the same fabricated and fraudulently inflated items, such as filing statuses, rental real estate losses, unreimbursed employee expenses, gifts to charity and real estate-related expenses. In addition, BARRETT, who received many of his fees for his tax preparation services in cash, failed to report more than $300,000 in gross receipts for Eversley Tax for the tax years 2012 through 2015.
* * *
BARRETT, 64, is charged in 84 counts. The first 83 counts charge him with aiding and assisting the preparation of false and fraudulent U.S. tax returns, each of which carries a maximum sentence of three years in prison and a maximum fine of $250,000. He is also charged with one count of attempting to evade or defeat tax, which carries a maximum sentence of five years in prison and a maximum fine of $250,000. 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 IRS-CI for their outstanding work in the investigation.
The case is being prosecuted by the Office’s White Plains Division. Assistant U.S. Attorney Margery B. Feinzig is 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 Complaint and the description of the Complaint 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 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
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.
Damian Williams, the United States Attorney for the Southern District of New York, and Christie M. Curtis, the Acting Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced the unsealing of an Indictment yesterday charging SUE MI TERRY with offenses under the Foreign Agents Registration Act (“FARA”). TERRY was arrested on July 16, 2024, in New York, New York, and presented before U.S. Magistrate Judge Robert W. Lehrburger. The case is assigned to U.S. District Judge Lorna G. Schofield.
U.S. Attorney Damian Williams said: “As alleged, Sue Mi Terry, a former CIA and White House employee, subverted foreign agent registration laws in order to provide South Korean intelligence officers with access, information, and advocacy. Terry allegedly sold out her positions and influence to the South Korean government in return for luxury handbags, expensive meals, and thousands of dollars of funding for her public policy program. The charges brought should send a clear message to those in public policy who may be tempted to sell their expertise to a foreign government to think twice and ensure you are in accordance with the law.”
FBI Acting Assistant Director in Charge Christie M. Curtis said: “Compromising national security endangers every American by weakening our defenses and putting lives at risk. Sue Mi Terry, a former CIA and White House official, was arrested for allegedly acting as an unregistered agent for South Korea. For over a decade, despite repeated warnings, Terry allegedly exploited her think tank roles to advance a foreign agenda. As alleged, she disclosed sensitive U.S. government information to South Korean intelligence and used her position to influence U.S. policy in favor of South Korea… for money and luxury gifts. Her alleged actions posed a severe threat to national security. This arrest sends a clear message: the FBI will pursue and arrest anyone who endangers our nation’s security by collaborating with foreign spies.”
As alleged in the Indictment:[1]
After leaving U.S. government service and for more than a decade, TERRY worked as an agent of the government of the Republic of Korea (“ROK”), commonly known as South Korea, without registering as a foreign agent with the Attorney General, as required by law. As covertly directed by ROK government officials, TERRY publicly advocated ROK policy positions, disclosed non-public U.S. government information to ROK intelligence officers, and enabled ROK officials to gain access to U.S. government officials. In return for these actions, ROK intelligence officers provided TERRY with luxury goods, expensive dinners, and more than $37,000 in funding for a public policy program focusing on Korean affairs that TERRY controlled.
From in or about 2001 to in or about 2011, TERRY served in a series of positions in the U.S. government, including as an analyst on East Asian issues for the Central Intelligence Agency, as the Director for Korea, Japan, and Oceanic Affairs for the White House National Security Council, and as the Deputy National Intelligence Officer for East Asia at the National Intelligence Council. Since leaving government service in or about 2011, TERRY has worked at academic institutions and think tanks in New York City and Washington, D.C. TERRY has made media appearances, published articles, and hosted conferences as a policy expert specializing in, among other things, South Korea, North Korea, and various regional issues impacting Asia. TERRY has also testified before Congress on at least three occasions regarding the U.S. government’s policy toward Korea.
Since leaving U.S. government service, TERRY served as a valuable source of information for the ROK National Intelligence Service (“ROK NIS”), the ROK’s primary intelligence agency. For example, in or about June 2022, TERRY participated in a private, off-the-record group meeting with the U.S. Secretary of State regarding the U.S. government’s policy toward North Korea. Immediately after the meeting, TERRY’s primary ROK NIS point of contact, or “handler,” picked up TERRY in a car bearing ROK Embassy diplomatic license plates. While in the car, TERRY provided her handler detailed handwritten notes of her meeting with the U.S. Secretary of State. TERRY’s handler photographed the notes while sitting in the car with TERRY.
Weeks later, at the request of her ROK NIS handler, TERRY hosted a happy hour for Congressional staff. Although the happy hour was under the auspices of the think tank where TERRY worked, the ROK NIS paid for it with TERRY’s knowledge. TERRY’s handler attended the event and posed as a diplomat, mingling with Congressional staff without disclosing that he was, in fact, an ROK intelligence officer.
The ROK government rewarded TERRY for her services. For example, TERRY’s ROK NIS handlers gifted her a $2,950 Bottega Veneta handbag and a $3,450 Louis Vuitton handbag, both of which TERRY selected during shopping trips with her handlers. One of TERRY’s ROK NIS handlers also gifted her a $2,845 Dolce & Gabbana coat.
In addition to luxury goods, TERRY’s ROK NIS handlers provided her with expensive meals, including at Michelin-starred restaurants. TERRY’s ROK NIS handlers also deposited approximately $37,000 into an unrestricted “gift” account that TERRY controlled at the think tank where she worked. In addition, ROK government officials paid TERRY to write articles in both the U.S. and Korean press conveying positions and phrases provided by the ROK government.
* * *
TERRY, 54, of New York, New York, has been charged with one count of conspiracy to violate FARA, which carries a maximum sentence of five years in prison, and one count of failure to register under FARA, which carries a maximum 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 defendant will be determined by a judge.
Mr. Williams praised the outstanding investigative work of the Counterintelligence Division of the FBI’s New York Field Office. Mr. Williams also thanked the Counterintelligence Division and Foreign Influence Task Force of FBI Headquarters, the Mission Services and Counterintelligence Divisions of the FBI’s Washington Field Office, the Amtrak Police Department, and the Department of Justice’s National Security Division for their assistance.
This case is being handled by the Office’s National Security and International Narcotics Unit. Assistant U.S. Attorneys Sam Adelsberg, Alexander Li, and Kyle A. Wirshba are in charge of the prosecution, with assistance from Trial Attorney Christopher M. Rigali of the National Security Division’s Counterintelligence and Export Control Section.
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.
Damian Williams, the United States Attorney for the Southern District of New York, announced that LASHAUMBA RANDOLPH was sentenced today to 60 months in prison for providing fake titles and other fraudulent vehicle documentation used to defraud car buyers as part of a national stolen car ring involving approximately 60 stolen luxury cars, including Ferraris, Lamborghinis, and Corvettes, worth more than $4 million. RANDOLPH previously pled guilty to conspiracy to commit wire fraud, and was sentenced today before U.S. District Judge Cathy Seibel.
All defendants have pled guilty and RANDOLPH is the ninth defendant sentenced to date. Earlier in the case, Judge Seibel sentenced eight co-defendants for their roles in the $4 million stolen car ring. CLIPHAS BELFON, a/k/a “Cliff,” who supplied from Florida many of the stolen cars sold by the ring, was sentenced to 52 months in prison on May 27, 2021. COLIN BURNETT, a/k/a “Greg,” who made fraudulent documentation for the cars, was also sentenced to 52 months in prison on October 6, 2021. BESAR ISMAILI, who supplied, stored, and sold stolen cars to secondhand buyers, was sentenced to 42 months in prison on April 20, 2021. ROBERT PINSKY, a supplier of stolen cars and false vehicle documentation, was sentenced to 40 months in prison on July 9, 2021. ANTONIO SANTIAGO, another Florida supplier of stolen cars, was sentenced to 30 months in prison on January 21, 2020. CHARLES WALTON, a Michigan-based supplier of stolen cars, was sentenced to 21 months in prison on August 27, 2020. STEVEN KLEIN, who provided financing for the scheme and resold stolen cars to secondhand buyers, was sentenced to 18 months in prison on June 11, 2021. NICHOLAS DIXON, who transported some of the stolen cars, was sentenced to time served on September 10, 2020.
As a result of the investigation, law enforcement recovered more than 30 stolen cars, and the defendants have already paid more than $443,000 in combined restitution to victims of the stolen car ring, forfeiture, and fines.
U.S. Attorney Damian Williams said: “These defendants used sophisticated methods to traffic scores of stolen luxury cars worth more than $4 million, stealing from rightful owners and defrauding buyers and state departments of motor vehicles. This unacceptable crime harms car owner victims, muddies up car records relied upon by the public, and also imposes hidden costs on the public, including anyone paying for car insurance. It will not be tolerated.”
According to the allegations in the Indictment, as well as other public documents and court proceedings:
From October 2017 through November 2018, MARVIN WILLIAMS, CLIPHAS BELFON, a/k/a “Cliff,” COLIN BURNETT, a/k/a “Greg,” NICHOLAS DIXON, a/k/a “Robbie,” BESAR ISMAILI, STEVEN KLEIN, ROBERT PINKSY, LASHAUMBA RANDOLPH, ANTONIO SANTIAGO, and CHARLES WALTON operated a sophisticated, interstate stolen car ring, during which they (1) obtained stolen cars from, among other places, Michigan and Florida; (2) transported the stolen cars to, among other places, the Southern District of New York and Connecticut, for resale; (3) created and/or obtained false titles, registrations, and temporary license plates for the stolen cars; (4) used the false car records to deceive car buyers and the South Dakota Division of Motor Vehicles; and (5) used online markets, such as eBay, to solicit buyers of the stolen cars in various states. Through this extensive criminal scheme, the co-conspirators obtained, transported, and sold or attempted to sell more than 60 cars worth, in total, more than $4 million.
To carry out the stolen car ring, its members performed multiple and various roles. Some members stole and/or obtained luxury cars from the rightful, original owners, including dealerships and car rental businesses in Florida and Michigan. Others assisted in transporting the cars from Florida and Michigan to, among other places, New York or Connecticut. Others provided financing and assisted in purchasing or finding buyers for stolen cars. Others attempted to conceal the scheme from or deceive car buyers, law enforcement, and the SDDMV by “re-VINning cars,” and using fraudulent documents, such as fraudulent titles and VIN stickers, to acquire new titles and registrations for the stolen cars, making it appear as if the stolen cars were not, in fact, stolen.
* * *
RANDOLPH, 46, of Atlanta, Georgia, pled guilty on February 2, 2021 to conspiring to commit wire fraud from in or about October 2017 through in or about November 2018. In addition to the prison term, RANDOLPH was sentenced today to three years of supervised release, and ordered to pay forfeiture of $9,500 and restitution of 26,098.47.
BELFON, 28, of Miami, Florida, pled guilty on May 14, 2020, to conspiring to receive, possess, and sell stolen cars from in or about October 2017 through in or about November 2018, and was sentenced on May 27, 2021 to 52 months in prison, and forfeiture of $17,000.
BURNETT, 30, of Atlanta, Georgia, pled guilty on September 15, 2020, to conspiring to receive, possess, and sell stolen cars from in or about October 2017 through in or about November 2018, and was sentenced on October 6, 2021 to 52 months in prison, forfeiture of $8,577, and restitution of $24,991.24.
ISMAILI, 40, of Waterbury, Connecticut, pled guilty on December 22, 2020 to conspiring to commit wire fraud from in or about October 2017 through in or about November 2018, and was sentenced on April 20, 2021 to 42 months in prison, forfeiture of $76,000, and restitution of $393,329.96.
PINSKY, 52, of Howell, New Jersey, pled guilty on March 12, 2020 to conspiring to receive, possess, and sell stolen cars from in or about October 2017 through in or about November 2018, and was sentenced on July 9, 2021 to 40 months in prison, forfeiture of $77,000, and restitution of $51,444.08.
SANTIAGO, 38, of Pompano Beach, Florida, pled guilty on June 11, 2019 to conspiring to receive, possess, and sell stolen cars from in or about October 2017 through in or about November 2018, and was sentenced on January 21, 2020 to 30 months in prison, forfeiture of $22,500, and restitution of $66,671.91.
WALTON, 35, of Detroit, Michigan, pled guilty on March 17, 2020 to conspiring to receive, possess, and sell stolen cars from in or about October 2017 through in or about November 2018, and was sentenced on August 27, 2020 to 21 months in prison, forfeiture of $36,000, and restitution of $41,365.33.
KLEIN, 58, of Easton, Connecticut, pled guilty on March 3, 2021 to conspiring to commit wire fraud, and was sentenced on June 11, 2021 to 18 months in prison, forfeiture of $70,000, restitution of $240,000, and a fine of $15,000.
DIXON, 46, of Tamarac, Florida, pled guilty on May 7, 2020 to receiving a stolen car, and was sentenced on September 10, 2020 to time served, forfeiture of $34,050, and restitution of $6,849.59.
WILLIAMS, 35, of Torrington, Connecticut, pled guilty on October 11, 2019, and is awaiting sentencing.
Mr. Williams praised the excellent work of the Federal Bureau of Investigation and the New York State Police.
This case is being handled by the Office’s White Plains Division. Assistant United States Attorneys Emily Deininger and David Felton are in charge of the prosecution.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York announced that ANDREW OWIMRIN, a/k/a “Andrew Owens,” a/k/a “Jonathan Stewart,” and SHAHRAM KETABCHI, a/k/a “Steve Ketabchi,” were found guilty today in Manhattan federal court of conspiring to commit wire fraud and conspiring to commit money laundering in connection with a telemarketing scheme. OWIMRIN and KETABCHI were convicted following 12-day trial before United States District Judge Sidney H. Stein.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Andrew Owimrin and Shahram Ketabchi conspired to target and victimize elderly people through aggressive and deceptive telemarketing. The various so-called investment opportunities were really just variations on fraudulent schemes to steal investors’ money. Now Owimrin and Ketabchi await sentencing for their crimes.”
According to the Superseding Indictment, other filings in Manhattan federal court, and the evidence presented at trial:
Beginning in at least October 2013 through March 21, 2017, OWIMRIN and KETABCHI worked for 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 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. OWIMRIN worked as a sales representative for two of the Telemarketing Companies, Olive Branch Marketing and A1 Business Consultants. KETABCHI, who worked for A1 Business Consultants, was responsible for, among other things, the submission of false documentation to the credit card companies in order to challenge the Victims’ attempts to recover their funds.
Thirteen other individuals have been convicted in connection with this case:
Defendant Name
Companies
Count(s) of Conviction
Arash Ketabchi
A1 Business Consultants,
Elevated Business Consultants,
Element Business Services
Conspiracy to Commit Wire Fraud
(18 U.S.C. § 1349)
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)
Joseph McGowan
Carlyle Management Group,
Vanguard Business Solutions
Conspiracy to Commit Wire Fraud
(18 U.S.C. § 1349)
Christopher Wilson
Olive Branch Marketing,
Paramount Business Solutions,
CTO Consulting
Conspiracy to Commit Wire Fraud
(18 U.S.C. § 1349)
Jack Kavner
Carlyle Management Group,
Vanguard Business Solutions
Conspiracy to Commit Wire Fraud
(18 U.S.C. § 1349)
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
Elenchus Business Services
Harbinger Capital
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)
Thomas O’Reilly
CTO Consulting
Obstruction of Justice
(18 U.S.C. § 1519)
Raymond Quiles
Prestige Worldwide
Conspiracy to Commit Wire Fraud
(18 U.S.C. § 1349)
Brooke Marcus
First Trend
Tri-Star
Elite Business Services
Conspiracy to Commit Wire Fraud
(18 U.S.C. § 1349)
Anthony Medeiros
Virtual Business Plus
Narcotics Conspiracy
(21 U.S.C. §§ 846)
Conspiracy to Commit Wire Fraud
(18 U.S.C. § 1349)
* * *
OWIMRIN, 29, of Hackensack, New Jersey, and KETABCHI, 47, of Rancho Santa Margarita, California, were each convicted of one count of conspiring to commit wire fraud and one count of conspiring to commit money laundering, each of which carries a maximum sentence of 20 years in prison. OWIMRIN and KETABCHI are scheduled to be sentenced by Judge Stein on February 12, 2019, at 2:30 p.m. and 3:30 p.m., respectively.
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 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, Robert B. Sobelman, and Benet J. Kearney are in charge of the prosecution.
If you believe to have been a victim of the telemarketing companies listed above, including a victim entitled to restitution, and you wish to provide information to law enforcement and/or receive notice of future developments in the case or additional information, please contact Wendy Olsen-Clancy, the Victim Witness Coordinator at the United States 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 at 917-480-7167 or christopher.bastos@nypd.org.
Audrey Strauss, 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 Dermot Shea, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of a fifteen-count Superseding Indictment charging 18 defendants with committing various racketeering, narcotics, and firearms offenses, as well as violent crimes in aid of racketeering. Eleven of the defendants were previously indicted in December 2019 by a grand jury in the Southern District of New York with racketeering conspiracy, narcotics conspiracy, and possessing firearms in furtherance of a narcotics conspiracy. Five of the seven newly-indicted defendants were arrested today and will be presented before U.S. Magistrate Judge Gabriel W. Gorenstein in Manhattan federal court. Defendant MARK WOODS, a/k/a “Smokey,” is currently in state custody and will be presented at a later date. Defendant WILLIAM GONZALEZ, a/k/a “Bori,” remains at large. The case has been assigned to U.S. District Judge Valerie E. Caproni.
The defendants arrested today include the most senior members—known as the “Dons”—of a Latin Kings set currently operating in New York.
U.S. Attorney Audrey Strauss said: “As alleged in the Superseding Indictment, the defendants in this case include the leaders 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 and NYPD, the defendants now face federal charges for these very serious crimes.”
As alleged in the Superseding Indictment unsealed today in Manhattan federal court and statements made in court filings[1]:
CARMELO VELEZ, a/k/a “Jugg,” CHRISTOPHER RODRIGUEZ, a/k/a “Taz,” LUIS SEPULVEDA, a/k/a “Red,” EMMANUEL BONAFE, a/k/a “Eazy,” ALBERTO BORGES, a/k/a “AB,” JUAN HERNANDEZ, a/k/a “Guerra,” JESUS HERNANDEZ, a/k/a “Goldo,” EZEQUIEL OSPINA, a/k/a “Izzy,” RAIMUNDO NIEVES, a/k/a “Double-R,” DEESHUNTEE STEVENS, a/k/a “Kay,” HECTOR BONAPARTE, a/k/a “June,” DIEGO MATEO, a/k/a “Casa,” JUPANKY PIMENTEL, a/k/a “Panky,” WILLIAM GONZALEZ, a/k/a “Bori,” MARK WOODS, a/k/a “Smokey,” RICARDO RICUARTE, a/k/a “Nino,” RAUL CUELLO, a/k/a “2B,” and PAUL CUELLO, a/k/a “Flip,” are members and associates 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. Some of the defendants are also charged with committing assaults in aid of racketeering, including assaults in connection with gunpoint robberies of drug dealers and gambling parlors.
The Black Mob has a recognized leadership hierarchy and a code of conduct that members must follow. The leadership structure resembles the traditional leadership structure of other Latin King tribes. Leaders in the Black Mob are referred to as “Crowns,” with the respective Crowns ranked as “First Crown,” “Second Crown,” etc. The gang’s leadership structure also includes “Coppos,” which are the Black Mob members in charge of members in a certain geographic borough. Even higher than the Crowns and Coppos are the “Dons.” The Dons are either founding members of the Black Mob or longtime members who have earned a higher level of respect. As alleged, three of the Dons—MATEO, PIMENTEL, and GONZALEZ—and four Crowns or Coppos—RICUARTE, WOODS, and the CUELLO brothers—have been charged in the Superseding Indictment.
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. 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 and NYPD.
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 contained in the Superseding Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Life imprisonment; Mandatory minimum sentence of ten years
Count Three: Brandishing and Discharging Firearms in Furtherance of a Drug Trafficking Offense (18 U.S.C. §§ 924(c)(1)(A) and 2)
All defendants except STEVENS and BONAPARTE
Life imprisonment; Mandatory minimum sentence of ten years, which must run consecutively to any other sentence
Count Four: Possessing a firearm in furtherance of a drug trafficking offense (18 U.S.C. §§ 924(c)(1)(A) and 2)
STEVENS and BONAPARTE
Life imprisonment; Mandatory minimum sentence of five years, which must run consecutively to any other sentence
Count Five: Assault with a dangerous weapon in aid of racketeering (18 U.S.C. §§ 1959(a)(3) and 2)
WOODS
Twenty years’ imprisonment
Count Six: Brandishing a firearm in furtherance of a crime of violence (18 U.S.C. §§ 924(c)(1)(A) and 2)
WOODS
Life imprisonment; Mandatory minimum sentence of seven years, which must run consecutively to any other sentence
Count Seven: Assault with a dangerous weapon in aid of racketeering (18 U.S.C. §§ 1959(a)(3) and 2)
VELEZ, RODRIGUEZ, SEPULVEDA, BONAFE, JESUS HERNANDEZ, PIMENTEL, and WOODS
Twenty years’ imprisonment
Count Eight: Assault with a dangerous weapon in aid of racketeering (18 U.S.C. §§ 1959(a)(3) and 2)
WOODS
Twenty years’ imprisonment
Count Nine: Brandishing a firearm in furtherance of a crime of violence (18 U.S.C. §§ 924(c)(1)(A) and 2)
WOODS
Life imprisonment; Mandatory minimum sentence of seven years, , which must run consecutively to any other sentence
Count Ten: Assault with a dangerous weapon in aid of racketeering (18 U.S.C. §§ 1959(a)(3) and 2)
WOODS
Twenty years’ imprisonment
Count Eleven: Brandishing a firearm in furtherance of a crime of violence (18 U.S.C. §§ 924(c)(1)(A) and 2)
WOODS
Life imprisonment; Mandatory minimum sentence of seven years, which must run consecutively to any other sentence
Count Twelve: Assault with a dangerous weapon in aid of racketeering (18 U.S.C. §§ 1959(a)(3) and 2)
VELEZ, SEPULVEDA, WOODS
Twenty years’ imprisonment
Count Thirteen: Brandishing a firearm in furtherance of a crime of violence (18 U.S.C. §§ 924(c)(1)(A) and 2)
VELEZ, SEPULVEDA, WOODS
Life imprisonment; Mandatory minimum sentence of seven years, which must run consecutively to any other sentence
Count Fourteen: Assault with a dangerous weapon in aid of racketeering (18 U.S.C. §§ 1959(a)(3) and 2)
WOODS, OSPINA
Twenty years’ imprisonment
Count Fifteen: Brandishing and Discharging a firearm in furtherance of a crime of violence (18 U.S.C. §§ 924(c)(1)(A) and 2)
WOODS, OSPINA
Life imprisonment; Mandatory minimum sentence of ten years, which must run consecutively to any other sentence
[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.
Damian Williams, the United States Attorney for the Southern District of New York, announced today that ROBERT NEWLAND, the business partner of art dealer INIGO PHILBRICK, who specialized in post-war and contemporary fine art with galleries in London, United Kingdom, and Miami, Florida, pled guilty today before United States District Judge Sidney H. Stein to one count of conspiracy to commit wire fraud for perpetrating a multi-year scheme to defraud various individuals and entities in order to finance PHILBRICK’s art business. NEWLAND, a citizen of the United Kingdom, was arrested in the United Kingdom on February 23, 2022, and extradited from the United Kingdom to the United States on September 22, 2022. PHILBRICK has been sentenced to seven years in prison for the multi-year, $86 million fraud scheme.
U.S. Attorney Damian Williams said: “Robert Newland conspired with Inigo Philbrick to take advantage of the lack of transparency in the art market to defraud art collectors, investors, and lenders in order to finance Philbrick’s art business. Newland has now admitted his guilt and awaits sentencing for his role in perpetrating this extensive fraud.”
According to the allegations in the Complaint, Indictment, and statements made in court:
From approximately 2016 through 2019, to finance his art business, PHILBRICK engaged in a scheme to defraud multiple individuals and entities in the art market located in the New York metropolitan area and abroad (the “Fraud Scheme”). NEWLAND was PHILBRICK’s business partner and financial adviser and conspired with PHILBRICK to perpetrate the Fraud Scheme. NEWLAND and PHILBRICK made material misrepresentations and omissions to art collectors, investors, and lenders to access valuable art and obtain sales proceeds, funding, and loans. NEWLAND and PHILBRICK knowingly misrepresented the ownership of certain artworks, for example, by selling a total of more than 100%ownership in an artwork to multiple individuals and entities without their knowledge and by selling artworks and/or using artworks as collateral on loans without the knowledge of co-owners and without disclosing the ownership interests of third parties to buyers and lenders.
Over the years, PHILBRICK obtained over $86 million in loans and sale proceeds in connection with the Fraud Scheme. Artworks about which NEWLAND and PHILBRICK made these fraudulent misrepresentations in furtherance of the Fraud Scheme include, among others, a 1982 painting by the artist Jean-Michel Basquiat titled “Humidity,” a 2010 untitled painting by the artist Christopher Wool, and an untitled 2012 painting by the artist Rudolf Stingel depicting the artist Pablo Picasso.
In the fall of 2019, NEWLAND and PHILBRICK’s Fraud Scheme collapsed as various investors and lenders learned about the material misrepresentations and omissions PHILBRICK and NEWLAND had made.
* * *
NEWLAND, 45, a U.K. citizen residing in the United Kingdom, pled guilty to one count of conspiracy to commit wire fraud, which carries a maximum prison term of 20 years.
The statutory maximum sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
PHILBRICK, 35, a U.S. citizen formerly residing in the United Kingdom, pled guilty to one count of wire fraud on November 18, 2021. On May 23, 2022, United States District Judge Sidney L. Stein sentenced PHILBRICK to 84 months in prison and two years of supervised release. PHILBRICK was further ordered to pay a forfeiture of $86,672,790 and restitution of $82,592,367.
Mr. Williams praised the investigative work of the Federal Bureau of Investigation’s Art Crime Team. He also thanked the U.S. Department of Justice’s Office of International Affairs and the U.S. Marshals Service for their support and assistance in the defendant’s extradition.
This case is being handled by the Office’s Money Laundering and Transnational Criminal Enterprises Unit. Assistant United States Attorneys Jessica K. Feinstein and Cecilia E. Vogel are in charge of the prosecution.
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.
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that JON CRUZ, a former teacher and debate coach at the Bronx High School for Science, was sentenced today to seven years in prison for receiving images containing child pornography from minor teenage boys. CRUZ was initially arrested on March 6, 2015, and pled guilty on September 23, 2016, to one count of receipt of child pornography. He was sentenced today in federal court by U.S. District Court Judge P. Kevin Castel.
Acting U.S. Attorney Joon H. Kim said: “Jon Cruz, a high school teacher and debate coach, abused his position of trust and access to children in frightening way. He not only sought and purchased images of victims whom he knew to be underage, he also masqueraded online as one of his teen students to disguise his misdeeds. Today, he was sentenced to a lengthy prison term for his crimes. We will continue to do everything in our power to identify and stop those who solicit, produce and receive child pornography.”
According to the allegations contained in the Complaint and the Indictment as well as public court filings and statements made in connection with the plea and sentencing proceedings:
For years leading up to his arrest in March 2015, JON CRUZ, while employed as a teacher and debate coach at the Bronx High School for Science, engaged in multiple chats over a mobile communication application and social media service with minor victims from different states. CRUZ, who was aware of the victims’ ages, provided thousands of dollars in payments to the victims in exchange for nude and lascivious photographs of themselves. CRUZ often concealed his identity and posed as a teenager, using a photograph of a former student without that student’s knowledge, to create the online accounts he used to communicate with his victims.
* * *
In addition to his prison term, CRUZ, 34, of New York, New York, was sentenced to 10 years of supervised release, and ordered to provide $12,200 in restitution to his victims.
Mr. Kim thanked the Federal Bureau of Investigation for its work on the investigation. To report an incident involving the possession, distribution, receipt, or production of child pornography, file a report on the National Center for Missing & Exploited Children’s website at www.cybertipline.com, or call 1-800-843-5678. Your report will be forwarded to a law enforcement agency for investigation and action.
The case is being prosecuted by the Office’s General Crimes Crime Unit. Assistant U.S. Attorney Shawn Crowley is in charge of the prosecution.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that MATTHEW MADONNA, STEVEN L. CREA, CHRISTOPHER LONDONIO, and TERRENCE CALDWELL, were convicted today, after a six-week jury trial, of murder, conspiracy to commit racketeering, and other felonies. Fifteen other defendants have previously pled guilty to related charges.
U.S. Attorney Geoffrey S. Berman said: “The violent and disturbing acts of these four organized crime figures included the brutal murder of associate Michael Meldish. Fittingly, all four defendants have been found guilty of their heinous acts of fraud, extortion, and murder on the six-year anniversary of Meldish’s death. Thanks to the outstanding investigative work of the FBI and NYPD, we will continue our commitment to making organized crime a thing of a bygone era.”
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, leading to Meldish’s murder on this date six years ago. As the Acting Boss of the Family, MADONNA also received payments from a host of other illegal activities, including the extortion of labor union members, loansharking, illegal gambling operations, and drug-trafficking.
CREA is the official Underboss, or second-in-command, of the Luchese Family. As the Underboss, he participated in MADONNA’s decision to kill Meldish, and relayed the order to lower-ranking members of the Family. As a member of the Family’s leadership, or “administration,” CREA also profited from the same illegal activities as MADONNA. CREA was personally involved in several criminal schemes, including fraud and extortion in a large construction project at a public hospital, the extortion of one of his subordinates, and ordering the assault of a relative.
LONDONIO is a made member of the Luchese Family. Acting under the orders of MADONNA and CREA, LONDONIO helped setup Meldish—a personal friend of LONDONIO’s—to be killed, and acted as the getaway driver for the murder. LONDONIO also carried firearms and other weapons, beat an associate of a rival crime family with a baseball bat, and personally participated in extortion, operating illegal gambling businesses, and drug-trafficking, among other crimes.
CALDWELL is an associate of the Luchese Family, who participated in its crimes but was not formally inducted as a member. On May 29, 2013, CALDWELL ambushed a member of the rival Bonanno Family in Manhattan. CALDWELL fired several shots into the victim’s car at close range and struck him once in the chest, but the victim survived. On November 15, 2013, CALDWELL carried out MADONNA’s and CREA’s orders to kill Michel 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.
* * *
MADONNA, 84, of the Bronx, New York; CREA, 72, of Crestwood, New York; LONDONIO, 45, of Hartsdale, New York; and CALDWELL, 61, of Manhattan, New York, were each found guilty of one count of racketeering conspiracy, which carries a maximum sentence of life in prison; conspiracy to commit murder in aid of racketeering, which carries a maximum sentence of ten years in prison; murder in aid of racketeering, which carries a mandatory minimum sentence of life in prison; and use of a firearm in furtherance of murder in aid of racketeering, which carries a mandatory minimum sentence of five years in prison and a maximum sentence of life in prison.
CREA was acquitted of one count of attempted murder and assault in aid of racketeering and one count of use of a firearm in furtherance of attempted murder and assault in aid of racketeering.
LONDONIO was also found guilty of one count of conspiracy to distribute narcotics, which carries a maximum sentence of twenty years in prison. LONDONIO was acquitted of one count of attempting to escape from the Metropolitan Detention Center.
CALDWELL was also found guilty of one count of attempted murder in aid of racketeering, which carries a maximum sentence of twenty years in prison, and one count of discharging a firearm in furtherance of attempted murder in aid of racketeering, which carries a mandatory minimum sentence of ten years in prison and a maximum sentence of life in prison.
Mr. Berman praised the outstanding investigative work of the FBI, the NYPD, the Department of Homeland Security Homeland Security Investigations, the Waterfront Commission of New York Harbor, and the Bureau of Prisons.
The case is being handled by the Office’s White Plains Division. Assistant United States Attorneys Hagan Scotten, Celia V. Cohen, Alexandra N. Rothman, Scott Hartman, and Jaqueline Kelly are in charge pf the prosecution; paralegal specialist Shannon Becker provided additional support.
Damian Williams, the United States Attorney for the Southern District of New York, and Keechant Sewell, Commissioner of the New York City Police Department (“NYPD”), announced today that RASHIEM COUNCIL, PARIS FULTON, and TERRENCE MCKEE, were charged by Complaint for their participation in a drug trafficking conspiracy and their use of firearms in connection with that conspiracy. A fourth defendant, MICHAEL GARCIA, was charged in the same Complaint with possessing with the intent to distribute cocaine. The defendants were arrested yesterday, GARCIA was presented today in Manhattan federal court before United States Magistrate Judge Barbara Moses. COUNCIL will be presented later today, and FULTON and MCKEE will be presented tomorrow before Judge Moses.
U.S. Attorney Damian Williams said: “As alleged, three of the defendants posed as law enforcement officers and brandished a firearm during a home invasion in which they took approximately three kilograms of cocaine and proceeds from narcotics dealing. Such brazen and dangerous conduct will not be tolerated. Thanks to the work of the NYPD and federal law enforcement, these defendants face significant federal charges for their alleged crimes.”
NYPD Commissioner Keechant Sewell said: “Today’s criminal complaint once again highlights the NYPD’s swift work to neutralize the most violent elements of an alleged narcotics enterprise. Our covenant with New Yorkers is to always answer their calls for help and to work with our partners to ensure justice and I commend the United States Attorney’s Office in the Southern District of New York for their work with our officers in this important case.”
As alleged in the Complaint unsealed today in Manhattan federal court[1]:
On or about January 11, 2022, RASHIEM COUNCIL, PARIS FULTON, and TERRENCE MCKEE, dressed as and pretending to be law enforcement officers, forced their way into an apartment (the “Apartment”) in a building (the “Building”) in the Bronx, where MICHAEL GARCIA, his partner, and their two minor children lived. COUNCIL, FULTON, and MCKEE were armed. They handcuffed GARCIA and held him at gun point, while GARCIA’s partner and their two minor children were in the Apartment. COUNCIL, FULTON, and MCKEE, demanded to know where GARCIA kept his drugs and drug money in the Apartment, and GARCIA showed them. COUNCIL, FULTON, and MCKEE stole approximately one hundred and sixty thousand dollars in narcotics proceeds and approximately three kilograms of cocaine from GARCIA.
After stealing the drugs and the money, COUNCIL, FULTON, and MCKEE escorted GARCIA, in handcuffs, out of the Apartment and into the building’s elevator. By then, in response to another individual’s (“Witness-1”) 911 call about the home invasion, officers (the “Officers”) from the New York City Police Department had arrived at the Building, and had just entered the lobby when the elevator door opened. COUNCIL, FULTON, MCKEE, and GARCIA, walked out of the elevator. They tried to avoid the Officers and continued walking towards the front door. The Officers asked COUNCIL, FULTON, and MCKEE what law enforcement unit they were with, and COUNCIL, FULTON, and MCKEE claimed that their sergeant was waiting for them outside. As soon as they exited the Building, however, they—and GARCIA—began to run. The Officers pursued them. After a short pursuit, the Officers caught up to and apprehended COUNCIL, MCKEE, and GARCIA. During that pursuit, one Officer saw one of the defendants throw a firearm into the street. Immediately after the Officers apprehended COUNCIL and MCKEE, the Officers found two more firearms near the Building. Shortly thereafter, the Officers found and arrested FULTON near his car, which he had parked outside the Building. With FULTON’s consent, the Officers conducted a brief search of the car, where they found a fourth firearm inside a backpack in the car.
* * *
RASHIEM COUNCIL, 31, PARIS FULTON, 29, and TERRENCE MCKEE, 33, all from Connecticut, are charged with one count of narcotics conspiracy, in violation of Title 21, United States Code, Section 846, and one count of brandishing firearms in connection with that narcotics conspiracy, in violation of Title 18, United States Code, Section 924(c). The narcotics conspiracy charge carries a mandatory minimum sentence of five years and a maximum sentence of 40 years in prison. The firearms charge carries a maximum sentence of life and a mandatory minimum sentence of seven years in prison, which must run consecutively to any other sentence imposed.
MICHAEL GARCIA, 36, of the Bronx, New York, is charged with one count of possession with the intent to distribute 500 grams and more of cocaine, in violation of Title 21, United States Code, Section 841(a)(1) and (b)(1)(B), which carries a mandatory minimum sentence of five years and a maximum sentence of 40 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 would be determined by the judge.
Mr. Williams praised the outstanding investigative work of the Special Agents of the U.S. Attorney’s Office for the Southern District of New York, the NYPD’s Bronx Violent Crimes Squad, and the Internal Affairs Bureau, Police Impersonation Unit. Mr. Williams also praised the patrol officers from the 48th precinct for their outstanding policework in executing the arrests.
The prosecution of this case is being handled by the Office’s Narcotics Unit. Assistant United States Attorney Sarah L. Kushner 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 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, 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
Acting United States Attorney Susan Lehr announced that Oscar Villa, 37, from California, was sentenced today in federal court in Omaha for his involvement in a methamphetamine conspiracy. United States District Judge Brian C. Buescher sentenced Villa to 240 months’ imprisonment. There is no parole in the federal system. After his release from prison, he will begin a 5-year term of supervised release.
On August 17, 2022, in Wayne County, Nebraska, a call came in about two suspicious people attempting to get into a resident’s car. Nebraska State Patrol troopers responded and encountered Oscar Villa and Johana Madrid on the side of the road on Nebraska Highway 35 and 849 Road. Both claimed they were on their way to Iowa for drug treatment but couldn’t really explain how they wound up on the side of the road. Madrid admitted to having meth in her bookbag and a firearm was located on the ground nearby. They also found a large meth shard in the fitted sheet Madrid had originally draped over herself.
Villa and Madrid were taken into custody. While in custody, troopers searched Madrid’s phone which showed a map of a field near the intersection where the two were encountered which contained a location pin. Using that map and pin, troopers found a bookbag that was covered by soybean plants. Inside the bookbag was approximately 20 pounds of pure meth.
Madrid has pleaded guilty and is set for sentencing on January 3, 2024.
This case was investigated by the DEA, FBI, and the Omaha Police Department.
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 Donald Halmy, the Chief of the Peekskill Police Department, announced that EDWARD HOLLIMAN was sentenced to 135 months in prison for conspiring to distribute crack cocaine in Peekskill, New York, between 2013 and 2017. Holliman pled guilty on April 24, 2018, before U.S. District Court Judge Cathy Seibel, who imposed today’s sentence.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Edward Holliman used a housing project in Peekskill as his personal market, peddling his drugs with no regard to their addictive destruction. Thanks to the coordinated efforts of the FBI and the Peekskill Police Department, Holliman’s marketplace is closed for good.”
FBI Assistant Director-in-Charge William F. Sweeney Jr. said: “The malignant creep of illegal drugs and violence into the once peaceful suburbs is a major focus of our FBI Westchester County Safe Streets Task Force. Our goal is to build strong and lasting partnerships with local law enforcement agencies like Peekskill Police to be a force multiplier, stopping the dealers and pushers from further infecting the community.”
Peekskill Police Chief Donald Halmy said: “Edward Holliman has been a persistent threat to the public safety of Peekskill residents and a major distributor of crack cocaine in Bohlmann Towers for the past 15 years. His arrest and successful prosecution will surely serve to improve the quality of life of residents of the building. I’d like to praise the City of Peekskill detective division, FBI Safe Streets Task Force and the Office of the United States Attorney for their tireless efforts in this investigation.”
According court filings and statements made at public court proceedings:
Over the course of many years, HOLLIMAN supplied and distributed crack cocaine in and around Bohlmann Towers, a large housing project in Peekskill, New York. To facilitate his narcotics distribution business, HOLLIMAN had several “workers,” co-conspirators whom Holliman managed and supervised, and who distributed crack cocaine that HOLLIMAN supplied to them to users. HOLLIMAN used his mother’s apartment in Bohlmann Towers to store crack cocaine. During the execution of a search warrant at that apartment on the day of HOLLIMAN’s arrest in October 2017, law enforcement recovered more than 50 grams of cocaine belonging to HOLLIMAN. Between 2013 and 2017, HOLLIMAN sold and distributed between 2.8 and 8.4 kilograms of crack cocaine as part of the charged conspiracy.
* * *
In addition to the prison term, HOLLIMAN, 63, of Peekskill, New York, was sentenced to five years of supervised release and ordered to pay forfeiture in the amount of $30,000.
Mr. Berman praised the outstanding investigative work of the Federal Bureau of Investigation and the Peekskill Police Department.
This case is being handled by the Office’s White Plains Division. Assistant United States Attorney Olga I. Zverovich is in charge of the prosecution.
DUBLIN, GA: The final defendant from a Laurens County methamphetamine trafficking ring has been sentenced to prison, wrapping up an operation that dismantled a major middle Georgia drug conspiracy and took more than 75 illegally possessed firearms off the streets.
Robert Anthony Justice, 40, of Chester, Ga., was sentenced to 21 months in prison after previously pleading guilty to using a cell phone to conduct illegal drug trafficking activity, said Jill E. Steinberg, U.S. Attorney for the Southern District of Georgia. With Justice’s plea, 25 of 30 indicted defendants in Operation Monroe Doctrine have been sentenced after pleading guilty to felony charges related to the conspiracy, and four defendants entered Pre-Trial Diversion. One defendant passed away during the pendency of the case.
“Whether it’s in big cities or small towns, methamphetamine and other dangerous drugs fuel an addiction crisis that generates crime and misery,” said U.S. Attorney Steinberg. “Operation Monroe Doctrine demonstrates the success of law enforcement agencies working together to protect these communities.”
The July 2021 indictment of 30 defendants in USA v. Monroe et. al, dubbed Operation Monroe Doctrine, was the culmination of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation that identified a methamphetamine trafficking conspiracy throughout Laurens and Telfair counties and beyond, operating from at least January 2020 through January 2021.
As described in court documents and testimony, the defendants coordinated to import and distribute illegal drugs throughout the greater Dublin and Laurens County community. Key sentences in the operation include:
David Alex Monroe, 34, of Dexter, Ga., the leader of the conspiracy, is serving 84 months in federal prison after pleading guilty to Conspiracy to Possess with Intent to Distribute and to Distribute Methamphetamine. As part of his plea agreement, Monroe forfeited a machine gun, an illegal short-barrel rifle, and two silencers, and abandoned his interest in 54 additional firearms.
Jorge Hernandez-Pena, 48, of Atlanta, Ga., the conspiracy’s source of supply, is serving 240 months in prison, followed by deportation, after pleading guilty to Conspiracy to Possess with Intent to Distribute and to Distribute Methamphetamine.
Fredi Ramirez-Garcia, 44, of Decatur, Ga., another of the conspiracy’s drug distributors, is serving 120 months in prison, followed by deportation, after pleading guilty to Conspiracy to Distribute Methamphetamine and Possession of a Firearm in Furtherance of a Drug Trafficking Crime.
David Kates, 48, a Jamaican citizen, is serving 108 months in prison, followed by deportation, after pleading guilty to Conspiracy to Possess with Intent to Distribute and to Distribute Methamphetamine.
Christopher Forbes, 33, of Dublin, Ga., is serving 97 months in prison after pleading guilty to Conspiracy to Possess with Intent to Distribute and to Distribute Methamphetamine. As part of his plea agreement, Forbes forfeited his interest in 21 firearms and two silencers.
Carl Davis, 50, of Jacksonville, Fla., is serving 88 months in prison after pleading guilty to Conspiracy to Possess with Intent to Distribute and to Distribute Methamphetamine.
“Prior to the people of Laurens County electing me as sheriff, I promised I would work hard to eliminate the dangerous drug dealers from our community,” said Laurens County Sheriff Larry Dean. “I have and will continue to do so. My deputies will continue to work with other agencies on the local, state and federal level to ensure strong, swift convictions to the ones who choose to peddle dope here. My hat goes off to everyone who had a role in this case, from my staff all the way to the DEA and the U.S. Attorney's Office. I thank you all.”
“The insidious drug methamphetamine destroys families and communities,” said Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division. “DEA and its law enforcement partners are committed to protect and serve those communities. This investigation was a success because of the collective effort between DEA, and its local, state and federal law enforcement counterparts.”
“There is no initiative more critical to ATF than increasing the safety of our communities. Cases which result in the arrests and prosecution of criminals are fundamental to continuing this initiative while simultaneously shows criminals that ATF and its law enforcement partners will not falter in this mission.” said Beau Kolodka, Assistant Special Agent in Charge of the Atlanta Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives. “We will pursue criminals such as these wherever they may operate, and they will be prosecuted to the fullest extent of the law.”
The case was investigated under the Organized Crime Drug Enforcement Task Forces (OCDETF). OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States, using a prosecutor-led, intelligence-driven, multi-agency approach.
The case was investigated by the Laurens County Sheriff’s Office and the Ocmulgee Drug Task Force, the U.S. Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, and prosecuted for the United States by Assistant U.S. Attorneys John P. Harper III, Frank M. Pennington II, and Southern District of Georgia OCDETF Coordinator Marcela C. Mateo.
Damian Williams, the United States Attorney for the Southern District of New York, announced today that JELANI WRAY, a senior leader of a conspiracy in which he and his co-conspirators bribed 911 operators, medical personnel, and police officers for the confidential information of tens of thousands of motor vehicle accident victims, was sentenced today to 84 months in prison. WRAY was sentenced by United States District Judge Paul G. Gardephe. He previously pled guilty on October 12, 2021, to making payments of bribes and gratuities to an agent of a federally funded organization.
U.S. Attorney Damian Williams said: “Jelani Wray and the other leaders of this scheme brazenly exploited New York’s no fault automobile insurance laws by lining their pockets with millions of dollars in illegal profits. In the process, they corrupted 911 operators, hospital workers and police officers; injured accident victims by depriving them of a choice in medical providers and attorneys, lying to them, and subjecting these victims to unwanted medical treatments; and caused licensed drivers in the state of New York to suffer higher insurance premiums by enabling the submission of millions of dollars in false medical reimbursement claims. Wray and his coconspirators will now pay for their crimes, and this Office will never stop pursuing those who seek to profit by corrupting our public institutions.”
According to the allegations in the Indictment, the Superseding Information, court filings, and statements made in court:
JELANI WRAY was one of several leaders of a massive no fault automobile insurance scheme spanning New York and New Jersey from at least in or about 2013 through in or about 2019. As part of the scheme, WRAY personally bribed and arranged for others to bribe 911 operators, medical personnel, and police officers for the confidential information of tens of thousands of motor vehicle accident victims. Using this information, WRAY and his co-conspirators contacted victims, lied to them, and steered them to clinics and lawyers handpicked by WRAY and his associates. These clinics and lawyers then paid WRAY and his associates kickbacks for these referrals, which they distributed to coconspirators as payments and bribes.
Specifically, in approximately 2013, while WRAY was working as the manager of a medical clinic, WRAY and a coconspirator, ANTHONY ROSE, a/k/a “Todd Chambers,” reached an agreement that for each patient ROSE sent to the clinic, WRAY would pay him approximately $2,000 to $3,000 in illegal referral fees.
Thereafter, in or about 2016, WRAY began to recruit and acquire his own “lead sources,” which were individuals willing to sell the confidential information of motor vehicle accident victims. From approximately 2016 through in or about December 2017, WRAY bribed at least five NYPD 911 operators to provide him with the names and numbers of motor vehicle accident victims. WRAY then transferred this information to an illegal call center that was operated by ROSE and funded in part by WRAY. ROSE’s call center called the unsuspecting accident victims, lied to them, and then steered them to particular clinics and lawyers that were part of ROSE and WRAY’s illegal referral network. The clinics and lawyers then paid ROSE and WRAY kickbacks by cash and check. WRAY also similarly recruited attorneys and clinics to participate in this portion of the scheme.
Among other things, WRAY concealed his bribery of the 911 operators by providing them with prepaid “burner” phones, using encrypted messaging applications to communicate with them, and by assigning them code names. ROSE and WRAY also received further kickbacks for steering accident victims to a particular magnetic resonance imaging (MRI) facility. In addition, in or about 2017, ROSE, WRAY, a paralegal (“Paralegal-1”), and a physician (“Physician-1”) agreed to open a medical clinic in the Bronx (“Clinic-1”). WRAY funded Clinic-1, steered accident victims to Clinic-1, and exercised substantial control over its medical operations, which is illegal under New York law, because WRAY is not a physician.
WRAY received millions of dollars in illegal profits from his involvement in the various aspects of this scheme. In addition to his prison sentence, WRAY, 37 of Brooklyn, New York, was sentenced to 3 years of supervised release. He was also ordered to forfeit $2,200,000 and pay a fine of $250,000.
* * *
The United States Attorney’s Office charged JELANI WRAY and 26 other defendants in November 2019. All 27 defendants admitted guilt; 25 of 27 defendants pleaded guilty and the remaining two defendants had their prosecutions deferred. WRAY is the sixteenth defendant to have been sentenced; ten defendants have been sentenced to serve time in prison. The principal aspects of each defendant’s sentence are reflected in the chart below. To date, the defendants have also been ordered to pay approximately $5 million in forfeiture from this scheme.
Mr. Williams praised the work of the FBI, the New York State Police, the New York City Police Department, the New York City Department of Financial Services, the Westchester County District Attorney’s Office, and the National Insurance Crime Bureau.
This case is being handled by the Office’s Complex Frauds and Cybercrime Unit, and the White Plains Division. Assistant United States Attorneys Mathew Andrews and Louis A. Pellegrino are in charge of the prosecution.
Defendant
Age
Hometown
Principal Aspects of Sentence
JELANI WRAY,
a/k/a “Lani,”
a/k/a “J.R.”
37
Brooklyn, NY
7 years prison
3 years supervised release
$250,000 fine
$2,200,000 forfeiture ordered
NATHANIEL COLES,
a/k/a “Nat”
69
Cortlandt Manor, NY
5 years prison
3 years supervised release
$100,000 fine
$2,594,000 forfeiture ordered
ANTHONY ROSE, Jr.,
a/k/a “Sean Wells”
34
Cambria Heights, NY
2 years prison
2 years supervised release
$69,000 forfeiture ordered
CHRISTINA GARCIA,
a/k/a “Cindy”
37
Jersey City, NJ
366 days prison
3 years supervised release
$3,000 fine
$30,000 forfeiture ordered
LEON BLUE,
a/k/a “Boochie”
56
Brooklyn, NY
Time served prison (approx. two years)
3 years supervised release
$8,310 forfeiture ordered
CLARENCE FACEY,
a/k/a “Face”
36
Brooklyn, NY
6 months prison
2 years supervised release
$25,000 forfeiture ordered
ANGELA MELECIO,
a/k/a “Angie,”
a/k/a “P5”
43
Amityville, NY
Time served prison
3 years supervised release, with 6 months’ home confinement
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that four defendants have been sentenced to significant prison terms by United States District Judge Katherine B. Forrest for their participation in two bank burglaries. In April and May 2016, MICHAEL MAZZARA, CHARLES KERRIGAN, and ANTHONY MASCUZZIO, assisted by CHRISTOPHER KERRIGAN, stole more than $20 million in cash, jewelry, collectables, and other valuables from the banks’ vaults and safe deposit boxes.
U.S. Attorney Geoffrey S. Berman said: “By using blow torches to cut through bank roofs, and subsequently into vaults and safe deposit boxes, these defendants deprived hundreds of unsuspecting victims of their valuables, priceless heirlooms, and cherished keepsakes. As a result, the defendants will serve serious prison sentences. We will now be able to reunite many of the stolen items, including religious artifacts, jewelry, baseball cards, and coins, with their rightful owners.”
According to the Complaint and Indictments filed in Manhattan federal court, as well as previous court filings and statements made in public court proceedings:
In April and May 2016, MAZZARA, CHARLES KERRIGAN, MASCUZZIO, and CHRISTOPHER KERRIGAN formed a crew that burglarized banks in Brooklyn and Queens, New York, by cutting into the banks’ vaults and the safe deposit boxes inside. MAZZARA, CHARLES KERRIGAN, and MASCUZZIO, with the assistance of CHRISTOPHER KERRIGAN, burglarized an HSBC Bank branch located at 4406 13th Avenue in Brooklyn from about April 8 through April 10, 2016, and burglarized a Maspeth Federal Savings Bank branch located at 64-19 Woodhaven Boulevard in Queens, New York, from about May 19 to May 22, 2016. On both occasions, the burglars used acetylene blowtorches to cut into the top of the banks’ vaults from the roof of the building. At the Maspeth Federal Savings Bank branch, they shielded their activities from view by constructing a plywood shed on the roof of the bank. The burglars then entered the vaults from above and took cash belonging to the bank and broke open customers’ safe deposit boxes, stealing the valuables inside. In total, the crew obtained more than $600,000 in cash and more than $20 million in valuables from the safe deposit boxes from both banks. Surveillance footage captured some of the burglars’ activities as they prepared for and executed the burglaries. Financial records and video surveillance also showed MAZZARA and MASCUZZIO purchasing some of the supplies that appear to have been used in the Maspeth burglary.
During the course of the investigation of the burglaries, the Federal Bureau of Investigation (“FBI”) and New York City Police Department (“NYPD”) executed multiple search warrants at locations in Brooklyn, Long Island, and Pennsylvania, and seized items that had been taken from safe deposit boxes during the burglaries. In addition, as part of their plea agreements, MAZZARA and MASCUZZIO returned other items that had been stolen from the safe deposit boxes. In total, more than 200 items that were stolen from safe deposit boxes – including religious artifacts, jewelry, and collectibles – have been recovered as a result of this investigation.
* * *
MAZZARA, 46, of Brooklyn, New York, was sentenced by Judge Forrest on April 13, 2018, to a total term of 135 months in prison.
In addition to the burglaries, CHARLES KERRIGAN, 42, of Brooklyn, New York, pled guilty to one count of witness retaliation while on pre-trial release, in connection with his assault of an individual who he believed had provided information regarding the burglaries to the FBI and NYPD. CHARLES KERRIGAN was sentenced by Judge Forrest on April 11, 2018, to a total term of 200 months in prison.
MASCUZZIO, 38, of Brooklyn, New York, was sentenced by Judge Forrest on May 4, 2018, to a total term of 84 months in prison, and three years of supervised release.
CHRISTOPHER KERRIGAN, 41, of Staten Island, New York, was sentenced by Judge Forrest on March 30, 2018, to a total term of 90 months in prison.
In addition to the prison terms, Judge Forrest also ordered that the defendants forfeit more than $20 million. Judge Forrest has adjourned the entry of an order of restitution to the victims of the burglaries until June 28, 2018, so that a final determination of the victims’ losses can be made.
Mr. Berman praised the outstanding investigative efforts of the FBI and NYPD.
If you believe you were a victim of this crime, and you wish to provide information to law enforcement, receive notice of future developments in the case, or review and/or claim any of the stolen items that were recovered during this investigation, please contact the Victim/Witness Unit at the United States Attorney’s Office for the Southern District of New York, at (866) 874-8900. For additional information, go to: http://www.usdoj.gov/usao/nys/victimwitness.html.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorneys Benet J. Kearney and David W. Denton Jr. are in charge of the prosecution.
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.
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
Joon Kim, the Acting United States Attorney for the Southern District of New York, Darcel Clark, the Bronx County District Attorney, Ashan Benedict, Special Agent-in-Charge of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), Angel M. Melendez, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (“HSI”) New York, and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), today announced the unsealing of two Indictments charging 25 defendants with a variety of narcotics, firearms, and robbery-related offenses.
Of the 25 defendants, 21 are associated with a drug-distribution organization operating primarily in the Hunts Point neighborhood in the Bronx and are charged in United States v. Hector Palermo, et al. (the “Palermo Indictment”), which has been assigned to U.S. District Judge Gregory H. Woods. Of those defendants, 14 were taken into federal custody today and were presented before Magistrate Judges Barbara C. Moses today. One defendant, FREDERICK BURGOS, was presented in the Eastern District of Pennsylvania. MIGUEL RAMIREZ, FELIX CORDERO SR., KHAALIQ HARRIS, ANGEL BERMUDEZ, ELVIN MALDONADO, AND STEVEN VEGA remain at large.
The remaining four defendants are charged in United States v. Lattine Clark, et al. (the “Clark Indictment”), which has been assigned to U.S. District Judge Vernon S. Broderick. Of those defendants, three were taken into federal custody today and were presented before Magistrate Judges Barbara C. Moses today. One defendant, TREVON NEDD, is currently detained in federal custody on unrelated charges and will be brought into federal custody on a writ.
Manhattan Acting U.S. Attorney Joon Kim said: “One by one, our office, along with our law enforcement partners, is identifying and prosecuting the violent gangs and drug dealing crews operating in the Bronx. These alleged gangs and drug crews – including the ones charged today – bring narcotics, guns, and violence to our neighborhoods. The residents of the communities they harm deserve better.”
ATF Special Agent-in-Charge Ashan Benedict said: “Today's arrests are the culmination of a nearly two-year long investigation by ATF's Joint Firearms Task Force, NYPD, and HSI into alleged narcotics trafficking, armed robberies, and the illicit possession of firearms by criminal elements operating in the Hunts Point area of the Bronx. Through the cooperative efforts of law enforcement, these individuals are off the streets and will face justice in federal court for their alleged crimes. Today it is a better day to be a resident of Hunts Point, and all of us will continue our efforts to ensure it stays that way. I would like to extend my gratitude to the ATF and HSI Special Agents, NYPD Detectives, and Assistant United States Attorneys for their hard work and dedication throughout this investigation.”
HSI Special Agent-in-Charge Angel M. Melendez, said: “It’s a good day when more than two dozen alleged gun-wielding drug pushers are taken off the street. These individuals are alleged to deal crack cocaine and heroin in their own backyards and commit robberies at gunpoint. Today’s arrests are another great example of law enforcement working together in the interest of justice and making our communities safer.”
NYPD Commissioner James P. O’Neill said: “We will continue to pursue those who commit violence in our streets. This morning’s arrest of 25 defendants in the Bronx is just the latest example. I’m thankful to the help and cooperation from our many law enforcement partners in this takedown and many others.”
The Indictments arise from a joint investigation by the NYPD, ATF, and HSI into several drug trafficking organizations operating in the Hunts Point area of the Bronx, New York. As alleged in the Palermo Indictment, the 21 defendants charged in that case are responsible for the distribution of large amounts of crack cocaine and heroin, and used, carried, and possessed firearms in connection with that drug trafficking.
As alleged in the Clark Indictment, LATTINE CLARK, MICHAEL PATTERSON, and TREVON NEDD participated in a conspiracy to distribute crack cocaine in the Hunts Point area, and RUBEN VIZCARRANDO participated in another conspiracy to distribute crack cocaine in Hunts Point. As further alleged, CLARK was a participant in a shootout, during which he fired a gun, in the vicinity of Coster Street and Spofford Avenue, on October 16, 2016. PATTERSON, NEDD, and VIZCARRANDO are all alleged to have participated in a Hobbs Act robbery conspiracy, and a gunpoint Hobbs Act robbery of suspected narcotics traffickers in the Marble Hill area on June 22, 2016, during which robbery PATTERSON and another unnamed co-conspirator fired their weapons.
Count One of the Palermo Indictment unsealed today in Manhattan federal court,[1] charges HECTOR PALERMO, MIGUEL GUZMAN, MIGUEL RAMIREZ, FELIX CORDERO SR., MATTHEW PRESTOL, CHRIS ALICEA, KHAALIQ HARRIS, ADRIAN QUINONES, FREDERICK BURGOS, RAFAEL GONZALEZ, ANGEL BERMUDEZ, JUAN CARLOS RODRIGUEZ, JESUS ANDINO, ELVIN MALDONADO, JOSE AYALA, ESTEBAN MARTINEZ, CHRISTIAN RIVERA, STEVEN VEGA, DENISE ORTIZ, CARMEN ROMAN, and ASHLEY RODRIGUEZ with conspiring to distribute and possess with intent to distribute crack cocaine and heroin.
Count Two charges GUZMAN, RAMIREZ, CORDERO SR., PRESTOL, ALICEA, BURGOS, GONZALEZ, RODRIGUEZ, and VEGA, with using, possessing, and carrying firearms in furtherance of the drug conspiracy charged in Count One.
Count Three charges RAMIREZ with possessing ammunition, which had previously been shipped in interstate commerce, after a prior felony conviction.
Count One of the Clark Indictment unsealed today in Manhattan federal court,[2] charges LATTINE CLARK, TREVON NEDD, and MICHAEL PATTERSON with conspiring to distribute and possess with intent to distribute crack cocaine.
Count Two charges CLARK with using, possessing, and carrying firearms in furtherance of the drug conspiracy charged in Count One.
Count Three charges RUBEN VIZCARRONDO with conspiring to distribute and possess with intent to distribute crack cocaine.
Count Four charges NEDD, PATTERSON, and VIZCARRONDO with participating in a conspiracy to commit Hobbs Act Robbery between 2015 and May 2017. Count Four charges that this conspiracy involved armed robberies of suspected narcotics traffickers and others involved in commercial activities that affected interstate commerce.
Count Five charges NEDD, PATTERSON, and VIZCARRONDO with committing a robbery of suspected narcotics traffickers on June 22, 2016, in the vicinity of Marble Hill, New York.
* * *
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. Kim praised the outstanding investigative work of the NYPD, ATF, and HSI, and expressed gratitude for the coordinated efforts of the NYPD’s Violent Crime Squad and 41st Precinct.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Sarah Krissoff and Jason A. Richman 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. Hector Palermo, et al.
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics conspiracy
21 U.S.C. § 846
HECTOR PALERMO MIGUEL GUZMAN
MIGUEL RAMIREZ
FELIX CORDERO SR. MATTHEW PRESTOL CHRIS ALICEA
KHAALIQ HARRIS
ADRIAN QUINONES FREDERICK BURGOS RAFAEL GONZALEZ ANGEL BERMUDEZ
JUAN CARLOS RODRIGUEZ
JESUS ANDINO
ELVIN MALDONADO
JOSE AYALA
ESTEBAN MARTINEZ CHRISTIAN RIVERA STEVEN VEGA
DENISE ORTIZ
CARMEN ROMAN
ASHLEY RODRIGUEZ
Life in prison
Mandatory minimum of 10 years in prison
2
Using, carrying, possessing firearms in furtherance of narcotics conspiracy
18 U.S.C. §§ 924(c) and 2
MIGUEL GUZMAN
MIGUEL RAMIREZ
FELIX CORDERO SR.
MATTHEW PRESTOL
CHRIS ALICEA
FREDERICK BURGOS
RAFAEL GONZALEZ
JUAN CARLOS RODRIGUEZ
STEVEN VEGA
Life in prison
Mandatory minimum of 5 years in prison
3
Felon in possession of ammunition
18 U.S.C. §§ 922(g) and 2
MIGUEL RAMIREZ
10 years’ imprisonment
DEFENDANT
AGE
RESIDENCE
HECTOR PALERMO,
a/k/a “Hec”
35
Newark, New Jersey
MIGUEL GUZMAN
29
Bronx, New York
MIGUEL RAMIREZ,
a/k/a “Mickey”
27
Bronx, New York
FELIX CORDERO SR.,
a/k/a “Pops”
50
Bronx, New York
MATTHEW PRESTOL,
a/k/a “Wiz”
19
Bronx, New York
CHRIS ALICEA
18
Bronx, New York
KHAALIQ HARRIS,
a/k/a “Rooster”
21
Bronx, New York
ADRIAN QUINONES,
a/k/a “Five”
24
Bronx, New York
FREDERICK BURGOS,
a/k/a “Flee,”
a/k/a “Lee”
37
Bethlehem, Pennsylvania
RAFAEL GONZALEZ,
a/k/a June”
45
Bronx, New York
ANGEL BERMUDEZ,
a/k/a “Para”
21
Bronx, New York
JUAN CARLOS RODRIGUEZ,
a/k/a “J.C.”
20
Bronx, New York
JESUS ANDINO,
a/k/a “Chico”
32
Bronx, New York
ELVIN MALDONADO,
a/k/a “LV”
30
Bronx, New York
JOSE AYALA
49
Bronx, New York
ESTEBAN MARTINEZ,
a/k/a “Esco”
34
Bronx, New York
CHRISTIAN RIVERA,
a/k/a “Rico”
23
Bronx, New York
STEVEN VEGA,
a/k/a “Nene”
25
Bronx, New York
DENISE ORTIZ
36
Bronx, New York
CARMEN ROMAN
56
Bronx, New York
ASHLEY RODRIGUEZ
20
Bronx, New York
United States v. Lattine Clark, et al.
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics conspiracy
21 U.S.C. § 846
LATTINE CLARK
TREVON NEDD
MICHAEL PATTERSON
Life in prison
Mandatory minimum of 10 years in prison
2
Using, carrying, possessing, brandishing, and discharging firearms
18 U.S.C.
§§ 924(c)(1)(A)(i), (ii), and (iii), 2
LATTINE CLARK
Life in prison
Mandatory minimum of 10 years in prison
3
Narcotics conspiracy
21 U.S.C. § 846
RUBEN VIZCARRONDO
Life in prison
Mandatory minimum of 10 years in prison
4
Robbery Conspiracy
18 U.S.C. § 1951
TREVON NEDD
MICHAEL PATTERSON
RUBEN VIZCARRONDO
20 years in prison
5
Robbery
18 U.S.C. § 1951
TREVON NEDD
MICHAEL PATTERSON
RUBEN VIZCARRONDO
20 years in prison
DEFENDANT
AGE
RESIDENCE
LATTINE CLARK,
a/k/a “Dutts”
20
Bronx, New York
TREVON NEDD,
a/k/a “Hat Boy”
31
Federal Custody
MICHAEL PATTERSON
22
Bronx, New York
RUBEN VIZCARRONDO
26
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.
[2] 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, United States Attorney for the Southern District of New York, and Darcel D. Clark, Bronx District Attorney, announced the unsealing yesterday of a Superseding Indictment charging JERRY ROJAS, a/k/a “Feddi,” with the January 13, 2020, murder of Vladimir Olivo, 42, in the vicinity of Northern Boulevard and 208th Street in Queens, New York. The case has been assigned to United States District Judge Jesse M. Furman. ROJAS was arrested yesterday and presented before U.S. Magistrate Judge Thérèse Wiley Dancks in the Northern District of New York.
U.S. Attorney Geoffrey S. Berman said: “As alleged in the Indictment, Jerry Rojas murdered Vladimir Olivo earlier this year. Thanks to the outstanding work of the NYPD, DEA, and the Special Agents of our Office, Rojas now faces federal murder charges for this terrible crime. I want to specially thank District Attorney Clark for the collaboration between our offices that helped make this prosecution possible.”
As alleged in the Superseding Indictment unsealed yesterday in Manhattan federal court[1]:
JERRY ROJAS, a/k/a “Feddi,” is a member of the Black Stone Gorilla Gang, a racketeering enterprise that operates principally in the New York City metropolitan area and in the jails and prisons of New York City and the State of New York. In order to enrich the enterprise, preserve and protect the power of the enterprise, and enhance its criminal operations, BSGG members and associates committed, conspired, attempted, and threatened to commit acts of violence, including murder and assaults; distributed and possessed with intent to distribute narcotics; committed robberies; engaged in bank fraud and wire fraud; and obtained, possessed, and used firearms. BSGG members also evaded prosecution by law enforcement authorities through acts of intimidation and violence against potential witnesses to crimes committed by the gang.
On or about January 13, 2020, ROJAS shot and killed Vladimir Olivo in the vicinity of Northern Boulevard and 208th Street in Queens.
ROJAS is also charged with participating in a conspiracy to distribute heroin, cocaine, cocaine base, oxycodone, and marijuana from in or about 2011 through in or about March 2020, and using a firearm in furtherance of that conspiracy.
* * *
ROJAS, 26, is charged in the following counts of the Superseding Indictment:
COUNT
CHARGE
MAX. PENALTY
Count One
Racketeering Conspiracy
18 U.S.C. § 1962(d)
Life imprisonment
Count Ten
Narcotics Conspiracy
21 U.S.C. § 846
Life
Mandatory minimum of 10 years’ imprisonment
Count Eleven
Firearms Offense
18 U.S.C. §§ 924(c) and 2
Life
Mandatory minimum of 5 years’ imprisonment
Count Twelve
Murder in Aid of Racketeering
18 U.S.C. §§ 1959 and 2
Death or life imprisonment;
Mandatory minimum of life imprisonment
Count Thirteen
Murder through the Use of a Firearm
18 U.S.C. §§ 924(j) and 2
Death or life imprisonment;
Mandatory minimum of five years’ imprisonment
Mr. Berman praised the outstanding investigative work of the NYPD, DEA, and the Special Agents of the United States Attorney’s Office for the Southern District of New York. Mr. Berman also thanked the New York/New Jersey Regional Fugitive Task Force of the United States Marshals Service for its work in apprehending ROJAS.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Danielle R. Sassoon, Andrew K. Chan, and Brandon Harper, and Special Assistant United States Attorney Jaclyn Wood, 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 descriptions of the Indictment constitute only allegations, and every fact described should be treated as an allegation.
Acting United States Attorney Steven Russell announced that Capreeca Jackman, 48, of Omaha, Nebraska, was sentenced October 28, 2022, in federal court in Omaha for interference with commerce by robbery. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Jackman to imprisonment for a term of 15 months. There is no parole in the federal system. After her release from prison, she will begin a 2-year term of supervised release.
Between August 19, 2020, and September 3, 2020, Jerome Davis committed a series of five robberies at businesses throughout Omaha. During the robberies, Davis, whose face was concealed, would either claim to have a gun or weapon or brandish a knife and demand money from the employees and owners of the businesses. The businesses included the Everest Gas Mart (Phillips 66), on Leavenworth Street, which Davis robbed twice, a Speedee Mart on South 84 Street, the Nu Trend Dry Cleaners located on Center Street, and a Subway sandwich shop located on North Saddle Creek Road. At several of the locations Davis was observed leaving the area in a white Buick sedan bearing in-transit tags.
On September 3, 2020, Omaha Police officers were dispatched to a robbery that occurred at the Subway restaurant. The suspect, later determined to be Davis, was reported to be armed with a knife. Davis robbed the Subway and fled from the business. OPD officers observed the white Buick sedan in the area following the robbery and attempted to stop the vehicle. The driver of the vehicle refused, leading them on a vehicle pursuit. OPD officers observed Davis in the passenger seat and a female suspect, later determined to be Jackman, was driving. During the pursuit Davis threw paper and coin currency and a green cash register drawer from the passenger window of the Buick. The pursuit continued for several minutes before the Buick slowed, allowing Davis to get out and flee on foot in the area North 20th and Charles Streets. Officers arrested him. Officers continued to pursue codefendant Jackman in the white Buick sedan until she stopped near North 42nd and Izard Streets where she also was arrested.
During a police interview of Jackman, she confirmed she drove the defendant to the areas of two of the targeted businesses. Jackman provided information that she and the defendant were staying at the Motel 6 on South 84th Street. Jackman gave consent to search their shared room and to search her white Buick sedan after confirming it belonged to her. Additional evidence was in the Buick including the knife brandished by Davis and the face coverings he wore during the robberies.
Davis was sentenced to imprisonment for a term of 65 months on April 8, 2022, and he will serve a 3-year term of supervised release upon his release from prison.
This case was investigated by the Omaha Police Department and the Federal Bureau of Investigation.
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
Audrey Strauss, the Acting United States Attorney for the Southern District of New York, and Peter C. Fitzhugh, the Special Agent-in-Charge of the New York Field Office of Homeland Security Investigations (“HSI”), announced today the unsealing of an Indictment charging JOSE SERGIO MARTINEZ-AGUILAR, a/k/a “Orejon,” a/k/a “Andy,” a/k/a “Pa,” VLADIMIR PULSTILINKOV, a/k/a “The Russian,” MIGUEL LOVOS, SEBASTIAN RAMOS, a/k/a “Nimo,” and RICARDO RUIZ-SALINAS with narcotics trafficking offenses based on their alleged participation in an international drug trafficking organization that distributed large quantities of cocaine, fentanyl, heroin, and methamphetamine. MARTINEZ-AGUILAR, PULSTILINKOV, and LOVOS also are charged with possessing and using firearms in connection with the narcotics trafficking.
MARTINEZ-AGUILAR and LOVOS were previously charged in Complaints filed in the Southern District of New York, and were taken into custody in California on June 26, 2020, and subsequently presented before magistrate judges in the Central District of California. RAMOS and RUIZ-SALINAS were taken into custody in New York earlier today, and will be presented before Magistrate Judge Sarah Netburn today in Manhattan federal court. PULSTILINKOV currently remains at large. The case is assigned to U.S. District Judge Laura Taylor Swain.
Acting U.S. Attorney Audrey Strauss said: “As alleged, Jose Sergio Martinez-Aguilar led an international drug trafficking organization that imported potentially lethal drugs from Mexico and distributed them throughout the U.S., including right here in New York. Now, thanks to the efforts of HSI, Martinez-Aguilar and his co-defendants are in custody and facing serious federal charges.”
HSI Special Agent-in-Charge Peter C. Fitzhugh said: “As alleged, Martinez-Aguilar and his crew funneled highly addictive drugs across the southern border and from coast to coast, seeking to make a hefty profit off those addicted to his product. This case makes it clear that HSI’s capabilities across borders and across the country leave no one safe from the long arm of the law, and justice will be served.”
As alleged in the Indictment unsealed today in Manhattan federal court, the Complaints charging MARTINEZ-AGUILAR and LOVOS, other court filings related to this matter, and statements made in court[1]:
Since at least June 2019, MARTINEZ-AGUILAR has led a drug trafficking organization (“DTO”) that imports narcotics into California from Mexico, and then distributes those narcotics in California and other parts of the country, including New York City. The DTO is responsible for distributing large quantities of cocaine, fentanyl, heroin, and methamphetamine. PULSTILINKOV, LOVOS, RAMOS, and RUIZ-SALINAS are members of the DTO who worked with MARTINEZ-AGUILAR to traffic the DTO’s narcotics.
During the investigation, communications among members of the DTO intercepted pursuant to court orders revealed a significant drug trafficking operation, led by MARTINEZ-AGUILAR, that imported and distributed multi-kilogram quantities of narcotics across the country. On one occasion, LOVOS discussed with MARTINEZ-AGUILAR obtaining a job near the U.S.-Mexican border, “because things are hot over there” and he could “cross people” and narcotics into the United States. On another occasion, MARTINEZ-AGUILAR bragged to an associate that narcotics distributed by other drug trafficking crews “[wa]s not even half the quality of what I have.” The DTO supplied drugs to dealers for distribution on the streets of New York City. For example, in June 2020, law enforcement seized a package shipped by MARTINEZ-AGUILAR and his DTO associates from California to the New York City area that was found to contain over nine kilograms of fentanyl and more than a kilogram of a heroin/fentanyl mixture.
On June 26, 2020, law enforcement searched a stash house operated by the DTO in California, pursuant to a court-authorized warrant. During the search, law enforcement recovered a stash of heroin, methamphetamine, and other suspected narcotics, as well as multiple handguns and assault rifles. LOVOS was found and arrested at the stash house during the execution of the warrant. LOVOS, MARTINEZ-AGUILAR, and PULSTILINKOV possessed and used firearms in connection with the DTO’s narcotics trafficking business.
* * *
MARTINEZ-AGUILAR, 39, of Thermal, California, and LOVOS, 31, of Indio, California, are each charged with three counts of narcotics conspiracy and one count of firearms possession in connection with drug trafficking. PULSTILINKOV, 44, of Indio, California, is charged with two counts of narcotics conspiracy and one count of firearms possession in connection with drug trafficking. RAMOS, 29, and RUIZ-SALINAS, 43, of Brooklyn, New York, are each charged with one count of narcotics conspiracy. A chart containing the charges and maximum and minimum 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 sentencings of the defendants will be determined by the judge.
Count
Charge
Defendant(s)
Maximum/Minimum Penalties
1
Conspiracy to Distribute Narcotics – Cocaine
21 U.S.C. §§ 846, 841(b)(1)(A)
JOSE SERGIO MARTINEZ-AGUILAR
VLADIMIR PULSTILINKOV
MIGUEL LOVOS
SEBASTIAN RAMOS
RICARDO RUIZ-SALINAS
Life imprisonment
Mandatory minimum of 10 years’ imprisonment
2
Conspiracy to Distribute Narcotics – Fentanyl, Heroin
21 U.S.C. §§ 846, 841(b)(1)(A)
JOSE SERGIO MARTINEZ-AGUILAR
MIGUEL LOVOS
Life imprisonment
Mandatory minimum of 10 years’ imprisonment
3
Conspiracy to Distribute Narcotics - Methamphetamine
21 U.S.C. §§ 846, 841(b)(1)(A)
JOSE SERGIO MARTINEZ-AGUILAR
VLADIMIR PULSTILINKOV
MIGUEL LOVOS
Life imprisonment
Mandatory minimum of 10 years’ imprisonment
4
Firearms Offense
18 U.S.C. § 924(c)
JOSE SERGIO MARTINEZ-AGUILAR
MIGUEL LOVOS
Life imprisonment
Mandatory minimum of 5 years’ imprisonment
5
Firearms Offense
18 U.S.C. § 924(c)
VLADIMIR PULSTILINKOV
Life imprisonment
Mandatory minimum of 5 years’ imprisonment
* * *
Ms. Strauss praised the outstanding investigative work of HSI, the New York City Police Department, the Pennsylvania State Police, and the Riverside County Sheriff’s Department. She also thanked the U.S. Attorney’s Office for the Central District of California, the U.S. Attorney’s Office for the Southern District of California, the San Diego County Sheriff’s Department, and the U.S. Marshals Service for their assistance in connection with the arrests of certain of the defendants.
The prosecution of this case is being handled by the Office’s Narcotics Unit. Assistant United States Attorneys Rushmi Bhaskaran and Jarrod L. Schaeffer are in charge of the prosecution.
The charges contained in the Indictment and the Complaints 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 Complaints, and the descriptions 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 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 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, 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
Damian Williams, the United States Attorney for the Southern District of New York, announced today that MANSUR MOHAMED SURUR, a/k/a “Mansour,” a Kenyan citizen, pled guilty to conspiring to traffic in rhinoceros horns and elephant ivory, both endangered wildlife species, which involved the illegal poaching of more than approximately 35 rhinoceros and more than 100 elephants. SURUR also pled guilty to conspiring to distribute heroin to a buyer located in the United States.
Two of SURUR’s co-defendants, MOAZU KROMAH, a/k/a “Ayoub,” a/k/a “Ayuba,” a/k/a “Kampala Man,” a citizen of Liberia, and AMARA CHERIF, a/k/a “Bamba Issiaka,” a citizen of Guinea, previously pled guilty on March 30, 2022, and April 27, 2022, respectively to conspiring to traffic in rhinoceros horns and elephant ivory, as well as substantive charges of trafficking in rhinoceros horns. The remaining defendants, BADRU ABDUL AZIZ SALEH, a/k/a “Badro,” and ABDI HUSSEIN AHMED, a/k/a “Abu Khadi,” are both citizens of Kenya. SALEH is in custody in Kenya based on a U.S. extradition request, and AHMED remains a fugitive. The U.S. Department of State has offered a reward of up to $1,000,000 for information leading to his arrest and/or conviction, and any information may be provided to FWS_TIPS@fws.gov or by calling 1-844-FWS-TIPS.
U.S. Attorney Damian Williams said: “The protection of endangered wildlife and natural resources is a crucial and important priority for my Office. These defendants were responsible for furthering an industry that illegally slaughters species protected by international agreements around the world. One of these defendants also engaged in a narcotics conspiracy involving a large quantity of heroin. Thanks to the tireless efforts of the U.S. Fish and Wildlife Service and the Drug Enforcement Administration, these defendants have now pled guilty to the serious and destructive crimes they committed.”
According to the charging and other documents filed in the case, as well as statements made during the plea and other proceedings:
KROMAH, CHERIF, and SURUR were members of a transnational criminal enterprise (the “Enterprise”) based in Uganda and surrounding countries that was engaged in the large-scale trafficking and smuggling of rhinoceros horns and elephant ivory, both protected wildlife species. Trade involving endangered or threatened species violates several U.S. laws, as well as international treaties implemented by certain U.S. laws.
From at least in or about December 2012 through at least in or about May 2019, KROMAH, CHERIF, SURUR, and others conspired to transport, distribute, sell, and smuggle at least approximately 190 kilograms of rhinoceros horns and at least approximately 10 tons of elephant ivory from or involving various countries in East Africa, including Uganda, the Democratic Republic of the Congo, Guinea, Kenya, Mozambique, Senegal, and Tanzania, to buyers located in the United States and countries in Southeast Asia. Such weights of rhinoceros horn and elephant ivory are estimated to have involved the illegal poaching of more than approximately 35 rhinoceros and more than approximately 100 elephants. In total, the estimated average retail value of the rhinoceros horn involved in the conspiracy was at least approximately $3.4 million, and the estimated average retail value of the elephant ivory involved in the conspiracy was at least approximately $4 million.
Typically, the defendants exported and agreed to export rhinoceros horns and elephant ivory for delivery to foreign buyers, including certain rhinoceros horns to a buyer represented to be in Manhattan, in packaging that concealed the horns in, among other things, pieces of art such as African masks and statues. The defendants received and deposited payments from foreign customers that were sent in the form of international wire transfers, some of which were sent through U.S. financial institutions, and paid in cash.
On or about March 16, 2018, law enforcement agents intercepted a package containing a black rhinoceros horn sold by the defendants that was intended for a buyer represented to be in Manhattan. From in or about March 2018 through in or about May 2018, the defendants offered to sell additional rhinoceros horns of varying weights, including horns weighing up to approximately seven kilograms. On or about July 17, 2018, law enforcement agents intercepted a package containing two rhinoceros horns sold by the defendants that were intended for a buyer represented to be in Manhattan.
Separately, from at least in or about August 2018 through at least in or about May 2019, SURUR conspired with others to distribute and possess with intent to distribute a large quantity of heroin to a buyer represented to be located in New York.
KROMAH previously was expelled to the United States from Uganda, while CHERIF and SURUR were extradited from Senegal and Kenya, respectively. The defendants have been detained since their arrest and arrival in this country.
* * *
KROMAH, 52; CHERIF, 57; and SURUR, 62, each pled guilty to one count of conspiracy to commit wildlife trafficking, which carries a maximum sentence of five years in prison. In addition, KROMAH and CHERIF both pled to two counts of wildlife trafficking, each of which carries a maximum sentence of five years in prison, and SURUR also pled guilty to one count of conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin, 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 defendant will be determined by the judge.
Mr. Williams praised the outstanding investigative work of the U.S. Fish and Wildlife Service and the U.S. Drug Enforcement Administration, and he thanked law enforcement authorities and conservation partners in Uganda and Kenya, including the Uganda Wildlife Authority, the Uganda Office of the Director of Public Prosecution, the Uganda Police Force, the Kenya Directorate of Criminal Investigations, and the Kenyan Office of the Director of Public Prosecutions, for their assistance in this investigation. Mr. Williams also thanked the U.S. Department of State and the U.S. Department of Justice’s Office of International Affairs for their assistance.
The prosecution of this case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant United States Attorneys Sagar K. Ravi and Jarrod L. Schaeffer are in charge of the prosecution.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that FRED ELM, a/k/a “Frederic Elmaleh,” the founder and manager of Elm Tree Investment Advisors LLC (“ETIA”), pled guilty before U.S. District Judge Edgardo Ramos to securities fraud charges stemming from his role in a scheme to defraud investors in multiple investment funds created and controlled by ELM and Ahmad Naqvi, ETIA’s chief operating officer. Among other illicit activity, ELM and Naqvi fraudulently induced more than 50 investors to invest over $18 million based on the false representation that ELM and Naqvi would invest that money, through the funds, in the shares of privately held technology companies, like Twitter, Alibaba, Uber, and Square, before their initial public offerings (“IPOs”). Naqvi pled guilty to his role in the scheme before Judge Ramos on May 4, 2020.
U.S. Attorney Geoffrey S. Berman said: “Fred Elm, founder and head of Elm Tree Investment Advisors, admitted today to defrauding investors out of more than $18 million by promising big returns from investments in hot tech companies, like Twitter and Uber, before their initial public offerings. In reality, Elm and his co-defendant Ahmed Naqvi lied about their access to pre-IPO investments, and they invested only a portion of the funds in money-losing trades and spent the rest on their own extravagant lifestyles, including a Bentley, a Maserati, and a Range Rover. After fleeing to Canada, Elm has now been brought to justice. He faces serious prison time for his high-flying scheme, which never earned a profit and left his investors high and dry. ”
According to the Superseding Indictment charging ELM and Naqvi, and other filings in the case:
From at least June 2013 through December 2014, ELM and Naqvi engaged in a scheme to defraud investors in funds that ELM and Naqvi created and controlled at ETIA, where ELM was the founder and manager, and Naqvi was the chief operating officer. ELM and Naqvi raised more than $18 million from over 50 investors in four limited partnerships for which ETIA acted as the fund manager: Elm Tree Investment Fund, LP; Elm Tree Emerging Growth Fund, LP; Elm Tree ‘e’Conomy Fund, LP; and Elm Tree Motion Opportunity, LP (collectively the “Elm Tree Funds”).
ELM and Naqvi falsely represented that the Elm Tree Funds used investor capital to purchase shares in privately held technology companies before their IPOs. These companies included Twitter, Inc., Alibaba Group Holding Limited, Uber Technologies, Inc., Square, Inc., Pinterest, Inc., and GoDaddy Group, Inc. Moreover, ELM and Naqvi falsely represented that they had access to these pre-IPO shares because of their relationships with leading venture capital firms, such as Kleiner Perkins Caufield & Byers, Benchmark Capital, and Silver Lake Management, L.L.C. In truth and in fact, ELM and Naqvi did not invest in the pre-IPO shares of these companies and did not have relationships with these venture capital firms.
ELM and Naqvi comingled the approximately $18 million that was invested in the Elm Tree Funds in a single investment account and then invested only a portion of the money, approximately $7.1 million. At no point did any of the Elm Tree Funds return a profit. Instead, for example, between January 2014 and November 2014, the Elm Tree Funds lost approximately $3.9 million in trading.
Moreover, of the investor funds that ELM and Naqvi did not lose in securities trading, ELM routinely converted investor funds to his own use in the form of cash withdrawals and to pay personal expenses, including to purchase a multimillion-dollar home, high-end furnishings, and other personal items, such as jewelry, daily living expenses, and luxury automobiles, including a Bentley, a Maserati, and a Range Rover.
The conversion of investors’ funds was contrary to the representations that ELM and Naqvi made to investors concerning their and ETIA’s fees. ELM and Naqvi falsely represented that they and ETIA would take a two percent annual management fee plus a performance fee of 20 percent of any profits that the Elm Tree Funds earned. In truth and in fact, ELM converted investor money that far exceeded the two percent management fee. Moreover, because the Elm Tree Funds never returned a profit, ELM, Naqvi, and ETIA were not entitled to a percentage of any profits.
ELM and Naqvi also used approximately $5.2 million of new investor funds to make payments to earlier investors in a Ponzi-like fashion. To prevent or forestall redemptions, and continue to raise money to fund their scheme, ELM and Naqvi also generated fictitious account statements and made oral and written misrepresentations that their trading strategies were generating consistently positive returns.
For example, beginning in mid-2013, ELM and Naqvi began to solicit Victim-1 to invest with ETIA in the Elm Tree Funds. On June 11, 2013, Naqvi sent Victim-1 a series of emails regarding the Elm Tree Emerging Growth Fund, in which he falsely represented, among other things, that the fund would invest in pre-IPO Twitter shares, and that ELM, Naqvi, and ETIA had “key contacts” with venture capital firms like Kleiner Perkins Caufield & Byers and Benchmark Capital. ELM and Naqvi subsequently had in-person meetings and telephone calls with Victim-1 about this investment. On October 9, 2013, Victim-1 invested approximately $52,500 in the Elm Tree Emerging Growth Fund. Following Twitter’s IPO on November 6, 2013, Twitter’s stock price rose, and Naqvi subsequently told Victim-1 that ELM, Naqvi, and ETIA had used an options strategy to lock in Victim-1’s profits in Twitter. Because the fund had not invested in pre-IPO Twitter shares, there were no profits to lock in. Thereafter, ELM and Naqvi sent fraudulent account statements to Victim-1, including one sent on March 7, 2014. The statement falsely indicated that Victim-1’s investment in the fund was valued at $274,550 (up from $52,500), and that the Elm Tree Emerging Growth Fund was valued at $68,115,855.
ELM and Naqvi made similar misrepresentations with respect to Victim-1’s subsequent investments in the Elm Tree ‘e’Conomy Fund and Elm Tree Motion Opportunity, falsely indicating that those funds invested in Alibaba, Uber, Square, Pinterest, and GoDaddy, and that Victim-1’s investments were growing. ELM and Naqvi also falsely represented that the value of the Elm Tree ‘e’Conomy Fund as of December 12, 2014, was $125,484,750 and that the value of Elm Tree Motion Opportunity as of December 18, 2014, was $77,286,220 – falsely claiming that the total value of the Elm Tree Funds was more than $270 million.
ELM was initially arrested in April 2016 and released on bail. In June 2017, approximately one week before his then-scheduled guilty plea, ELM fled to Canada. ELM was subsequently arrested in Canada and extradited to the United States in January 2020. Naqvi, who had been a fugitive since his indictment in 2016, was arrested in Canada and extradited to the United States in November 2019.
* * *
ELM, 51, pled guilty to one count of securities fraud conspiracy and one count of securities fraud, which carry a maximum sentence of five years and twenty years in prison, respectively. The charges also carry a maximum fine of $5,000,000, or twice the gross gain or loss from the offenses. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. ELM also agreed to forfeit $8,318,840.07. ELM is scheduled to be sentenced by Judge Ramos on August 7, 2020, at 11:00 a.m.
Mr. Berman praised the work of Homeland Security Investigations and the U.S. Department of Justice’s Office of International Affairs, and thanked the U.S. Securities and Exchange Commission for its assistance. Mr. Berman also thanked Canadian law enforcement for its support and assistance.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorney Joshua A. Naftalis is in charge of the prosecution.
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.
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that CHRISTIAN TORO was sentenced today by United States District Judge Richard M. Berman to 70 months in prison for stockpiling explosive materials and manufacture of a destructive device. TORO previously pled guilty before Judge Berman. Tyler Toro, TORO’s co-defendant and brother, who also pled guilty, is scheduled to be sentenced on May 29, 2019.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Today’s sentence serves as a message that building and stockpiling destructive devices are grave offenses in and of themselves. Thanks to the outstanding work of the Joint Terrorism Task Force in eliminating this destructive threat in its nascent stages, Christian Toro and his brother were apprehended before they could carry out any attack with the device they were building. Christian Toro has nevertheless received a substantial sentence for seriously endangering the public (including minor children) and inspiring fear throughout his community with his conduct.”
According to the allegations in the Complaint, the Indictment, and statements made during court proceedings:
Between approximately October 2017 and February 2018, CHRISTIAN TORO and Tyler Toro conspired to build and possess a destructive device at their residence in the Bronx, New York (the “Residence”). CHRISTIAN TORO, a former teacher at a high school in Harlem, New York (the “School”), paid students from the School for their assistance in manufacturing the destructive device, giving them approximately $50 per hour in return for the students’ work dismantling fireworks and storing the explosive powder contained within those fireworks in containers. TORO encouraged one of those students to call in a bomb threat to the School in December 2017. TORO also had on his School laptop a copy of a book that provided instructions for, among other things, manufacturing explosive devices.
On February 15, 2018, law enforcement agents searched the Residence pursuant to a judicially authorized search warrant. In a bedroom shared by TORO and Tyler Toro, law enforcement agents recovered the components for building an improvised explosive device and other dangerous substances, including: (i) a glass jar containing low explosive powder; (ii) a strip of magnesium metal; (iii) approximately 20 pounds of iron oxide; (iv) approximately five pounds of aluminum powder; (v) a mixture of iron oxide and aluminum powder, the key ingredients for thermite (used in incendiary bombs); (vi) approximately five pounds of potassium nitrate; (vii) a cardboard box containing firecrackers; and (viii) metal spheres and C02 cartridges, which can be used as fragmentation for a bomb. On the Residence’s fire escape, agents also found a jar of improvised napalm, consisting of gasoline and Styrofoam.
Also in the Residence, law enforcement agents found a handwritten diary labeled with Tyler Toro’s name, which stated, among other things, “WE ARE TWIN TOROS STRIKE US NOW, WE WILL RETURN WITH NANO THERMITE” and “I AM HERE 100%, LIVING, BUYING WEAPONS. WHATEVER WE NEED.” Agents also recovered a page inside a notebook found in the Residence labeled “Operation Flash,” with a ledger appearing to delineate the hours worked and payment owed to one of the School’s students for that student’s work on the destructive device.
* * *
In addition to his prison sentence, CHRISTIAN TORO, 28, was sentenced to three years of supervised release.
Mr. Berman praised the excellent work of the Federal Bureau of Investigation’s (“FBI”) New York Joint Terrorism Task Force, which principally consists of agents from the FBI and detectives from the New York City Police Department.
This prosecution is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant United States Attorney Elizabeth A. Hanft is 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: Case type associated with a magistrate case if the current case was merged from a magistrate case
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Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
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Description: A concatenation of district, office, docket number, case type, and reopen sequence number
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Description: The docket number originally given to a case assigned to a magistrate judge and subsequently merged into a criminal case
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Description: A unique number assigned to each defendant in a magistrate case
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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
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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
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Description: A code indicating the type of legal counsel assigned to a defendant
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Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
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Description: A code indicating the level of offense associated with FTITLE1
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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
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Description: The four digit AO offense code associated with FTITLE2
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Description: The four digit D2 offense code associated with FTITLE2
Format: A4
Description: A code indicating the severity associated with FTITLE2
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Description: The title and section of the U.S. Code applicable to the offense committed which carried the third highest severity
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Description: The four digit AO offense code associated with FTITLE3
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Description: The four digit D2 offense code associated with FTITLE3
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Description: A code indicating the severity associated with FTITLE3
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Description: The title and section of the U.S. Code applicable to the offense committed which carried the fourth highest severity
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Description: A code indicating the level of offense associated with FTITLE4
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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, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and James P. O’Neill, Police Commissioner of the City of New York, (“NYPD”), announced that CHRISTIAN TORO and TYLER TORO have been charged in U.S. District Court for the Southern District of New York in connection with their stockpiling of explosive materials and manufacture of destructive devices at their residence in the Bronx. Both defendants were presented before U.S. Magistrate Judge Debra Freeman in Manhattan federal court this afternoon and detained.
As alleged in the Complaint[1]:
On or about December 4, 2017, a bomb threat was called into a high school in Harlem, New York (the “School”). Shortly after a student was arrested in connection with that incident, CHRISTIAN TORO, who was a teacher at the School, resigned. After CHRISTIAN TORO’s resignation, TYLER TORO returned to the School a laptop computer (the “Laptop”) that the School had provided to CHRISTIAN TORO for use in connection with his employment. A School employee found, on the Laptop, a copy of a book that provides instructions for, among other things, manufacturing explosive devices.
Law enforcement agents subsequently interviewed multiple students at the School, who indicated that at least two students at the School had visited CHRISTIAN TORO’s residence (the “Residence”), where CHRISTIAN TORO would pay them approximately $50 per hour to break apart fireworks and store the powder that came out of the fireworks in containers.
On February 15, 2018, law enforcement agents conducted a search of the Residence pursuant to a judicially authorized search warrant. In a bedroom identified as shared by CHRISTIAN TORO and TYLER TORO, law enforcement agents recovered, among other items, (i) approximately 20 pounds of iron oxide; (ii) approximately five pounds of aluminum powder; (iii) a substance appearing to be thermite, mixed from iron oxide and aluminum powder; (iv) approximately five pounds of potassium nitrate; (v) a glass jar containing explosive powder; and (vi) a cardboard box containing firecrackers. In addition, law enforcement agents found a handwritten diary labeled with TYLER TORO’s name, which stated, among other things, “WE ARE TWIN TOROS STRIKE US NOW, WE WILL RETURN WITH NANO THERMITE” and “I AM HERE 100%, LIVING, BUYING WEAPONS. WHATEVER WE NEED.” Law enforcement agents also recovered a backpack, identified as belonging to CHRISTIAN TORO, containing an index card with handwriting reading “UNDER THE FULL MOON THE SMALL ONES WILL KNOW TERROR.”
* * *
CHRISTIAN TORO, 27, of the Bronx, New York, is charged in the Complaint with one count of unlawfully manufacturing a destructive device, in violation of 26 U.S.C. §§ 5822, 5861(f), and 5871 and 18 U.S.C. § 2, which carries a maximum sentence of 10 years in prison, and one count of distribution of explosive materials to a minor, in violation of 18 U.S.C. § 842(d)(1), which carries a maximum sentence of 10 years in prison. TYLER TORO, also 27 and of the Bronx, New York, is charged with one count of unlawfully manufacturing a destructive device, in violation of 26 U.S.C. §§ 5822, 5861(f), and 5871 and 18 U.S.C. § 2, which carries a maximum sentence of 10 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’s New York Joint Terrorism Task Force, which consists principally of agents of the FBI and detectives of the NYPD.
This prosecution is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant United States Attorney Elizabeth Hanft 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.
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, Attorney for the United States, Acting Under Authority Conferred by 28 U.S.C. § 515, announced that BEVAN COONEY was sentenced today by the U.S. District Judge Ronnie Abrams to 30 months 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.
Ms. Strauss said: “Bevan Cooney was part of a conspiracy that orchestrated a complex and corrupt scheme to defraud a Native American community and the clients of two asset management firms. Today he learned the cost of committing those crimes. This Office is committed to protecting the investing public by appropriately prosecuting market predators.”
According to the allegations in the charging documents and statements made in court proceedings:
From March 2014 through April 2016, 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 COONEY and others, worked to acquire Hughes Capital Management (“Hughes”), a registered investment adviser. Morton and Hirst were installed as Hughes’s 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 the investment parameters set forth in the investment advisory contracts of certain Hughes clients. In addition, Hughes’s 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.
In addition, after John Galanis induced the WLCC to issue a second round of Tribal Bonds, COONEY 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. The bonds purchased by COONEY and others were then used to meet net capital requirements at two broker dealers in which COONEY and others had interests. COONEY also obtained a $1.2 million loan based on his purported ownership of the bonds, which he subsequently failed to repay. In addition, millions of dollars in bond proceeds from the first and second issuances were used finance the acquisition of companies that the defendants and their co-conspirators acquired as part of a strategy to build a financial services conglomerate.
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, to pay $75,000 to COONEY, and make payments to one of the broker dealers in which COONEY and others had interests.
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In addition to the prison term, COONEY, 46, was sentenced to three years of supervised release. COONEY was also ordered to forfeit $9,527,000 and to make restitution in the amount of $43,785,176.
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. Michelle Morton, who pled guilty to conspiracy to commit securities fraud and investment adviser fraud, is awaiting sentencing. 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.
Ms. Strauss 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, Brendan F. Quigley, and Negar Tekeei are in charge of the prosecution.
Audrey Strauss, the United States Attorney for the Southern District of New York, announced today that AMIT AGARWAL, the operator of an international wholesale consumer electronics business based in New Jersey, pled guilty to participating in a conspiracy to operate an unlicensed money transmission business that operated primarily between Colombia and the United States. AGARWAL pled guilty before United States District Judge Paul A. Engelmayer.
Miguel Cespedes, Omar Mogollon, Luis Felipe Gonzalez Arcila, Ivan Rojas Acosta, Alex Barrera Forero, and David Ortiz Villamizar were previously charged in three separate indictments for their roles in the scheme. They were arrested in Colombia, and the United States Government is seeking their extradition to the United States.
U.S. Attorney Audrey Strauss said: “As he admitted today, Amit Agarwal was a key player in a shadow financial network that allowed the movement of drug traffickers’ profits into our banking system and across our borders. Now he awaits sentencing for his crimes.”
According to the Indictments, the superseding Information, and statements made in open court:
From at least in or about June 2018 through at least in or about 2019, AMIT AGARWAL participated in a scheme to operate an unlicensed money transmitting business to move funds between the United States and Colombia, among other places. Among other things, the purpose of the scheme 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 a commission 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. 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.
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.
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AGARWAL, 39, a citizen of India, pled guilty to one count of conspiracy to operate an unlicensed money transmitting business, which carries a maximum sentence of five years in prison. AGARWAL will be sentenced by Judge Engelmayer on July 14, 2021, at 2:30 p.m.
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.
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.
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.
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 a judge.
Ms. Strauss praised the investigative work of the DEA, and thanked 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 charging Cespedes, Mogollon, Gonzalez, Rojas, Barrera, and Ortiz are merely accusations, and they are presumed innocent unless and until proven guilty.
Damian Williams, the United States Attorney for the Southern District of New York, announced today that LARS WINKELBAUER was sentenced to four years in prison by U.S. District Judge Jesse M. Furman in connection with a massive scheme to defraud Polar Air Cargo Worldwide, Inc. (“Polar”), a leading cargo airline, of more than $32 million dollars in revenue. WINKELBAUER previously pled guilty to conspiracy to commit wire fraud and money laundering.
U.S. Attorney Damian Williams said: “Lars Winkelbauer abused his high-level position at Polar for over a decade, extracting millions of dollars in kickbacks for himself and causing tens of millions of dollars of harm to the company. The substantial sentence imposed today sends an important message: corporate corruption doesn’t pay.”
According to the charging documents and other filings and statements made in court:
From at least about 2009 through about July 2021, LARS WINKELBAUER and at least nine other individuals participated in a massive scheme to defraud Polar. At all relevant times, WINKELBAUER and three co-defendants were senior executives of Polar (the “Executive Defendants”), and six co-defendants (the “Vendor Defendants”) owned and operated various Polar vendors and customers.
The Executive Defendants agreed to accept millions of dollars in kickbacks from the Vendor Defendants, and also reaped substantial financial benefits as a result of their secret ownership interests in certain Polar vendors, in exchange for ensuring that those vendors received favorable business arrangements with Polar. The fraud they perpetrated — which involved a substantial portion of Polar’s senior management and at least 10 customers and vendors of Polar — led to pervasive corruption of Polar’s business, touching nearly every aspect of the company’s operations for over a decade.
As a result of the scheme, the Executive Defendants, along with two co-conspirators who also worked as senior executives at Polar, received unlawful payments, either directly or through various limited liability companies they controlled, in excess of approximately $23 million in kickback payments or disbursements as a result of their ownership of conflicted companies.
WINKELBAUER was Polar’s Chief Operating Officer and Executive Vice President and was the most senior of the Executive Defendants. He personally received kickbacks connected to approximately 11 separate vendors or customers of Polar totaling over $6 million. He also attempted to conceal the illegal kickback payments through a sophisticated money laundering scheme, including via falsified invoices and the use of shell companies in China.
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In addition to the prison term, WINKELBAUER, 48, of Bangkok, Thailand, was sentenced to three years of supervised release. WINKELBAUER was also ordered to forfeit $6,774,039.30 and to make restitution to Polar in the amount of $32,902,847.
Mr. Williams praised the outstanding work of the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation.
The case is being prosecuted by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys Katherine Reilly, Danielle Kudla, Kevin Mead, and Qais Ghafary are in charge of the prosecution.
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Steven Mark McAnally, age 65, of Hugo, Oklahoma, was sentenced to 63 months in prison for one count of Possessing Certain Material Involving the Sexual Exploitation of a Minor. He will serve 5 years of supervised probation upon release from incarceration.The charge arose from an investigation by Choctaw Nation Lighthorse Police and the Federal Bureau of Investigation.On December 12, 2024, McAnally pleaded guilty to the charge. According to investigators, in July of 2023, McAnally knowingly possessed visual depictions from the internet of minors engaging in sexually explicit conduct, which McAnally accessed with intent to view.This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.We encourage anyone who suspects or has information regarding child sexual exploitation, trafficking of minors, sextortion, child pornography, or any other means of child exploitation to immediately contact law enforcement. You can file a report through the National Center for Missing & Exploited Children (NCMEC) at 1-800-843-5678 or online at www.cybertipline.com, through the FBI at 1-800-CALL-FBI (1-800-225-5324), or through Homeland Security Investigations at 1-877-4-HSI TIP.The Honorable Ronald A. White, Chief U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearing. McAnally will remain in the custody of the U.S. Marshals Service pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.Assistant U.S. Attorney Sarah McAmis represented the United States at the sentencing hearing.
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.
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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.
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.
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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.
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[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.
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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
NEW ORLEANS, LOUISIANA –On May 18, 2023, NGHIA LE (“LE”), age 37, of Westwego, pleaded guilty as charged to all counts with which he was charged in a superseding indictment, announced U.S. Attorney Duane A. Evans.
Count 1 charged LE with conspiracy to distribute methamphetamine, in violation of 21 U.S.C §§ 841(a)(1), 841(b)(1)(A), and 846. Count 3 charged LE with distribution and possession with the intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 18 U.S.C § 2. Count 4 charged LE with distribution of methamphetamine and possession with the intent to distribute methamphetamine, in violation of 21 U.S.C §§ 841(a)(1), 841(b)(1)(A), and 18 U.S.C § 2. Count 8 charged LE with using or maintaining a drug premises in violation of 21 U.S.C § 856(a)(1) and 18 U.S.C § 2. Count 9 charged LE with possession with the intent to distribute marijuana, in violation of 21 U.S.C §§ 841(a)(1) and 841(b)(1)(D). Count 10 charged LE with possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C §§ 924(c)(1)(A)(i) and 2. Count 11 charged LE with distribution of marijuana, in violation of 21 U.S.C §§ 841(a)(1) and 841(b)(1)(D).
According to public records, LE utilized a motorcycle shop in New Orleans East to distribute methamphetamine on numerous occasions in 2021. LE sold over a pound and a half of methamphetamine to undercover agents and agreed to sell an additional 5 pounds of methamphetamine before he was arrested. Additionally, in 2020, LE also possessed over 45 pounds of marijuana, along with 5 firearms, intending to use those firearms to sell the marijuana.
As to Counts 1, 3, and 4, the minimum penalty includes a term of imprisonment of 10 years up to a maximum term of life, a fine of up to $10 million, and at least 5 years of supervised release.
As to Count 8, the maximum penalty includes a term of imprisonment of 20 years, a fine up to $500,000 and up to 3 years of supervised release.
As to Counts 9 and 11, the maximum penalty includes a term of imprisonment of 5 years, a fine up to $250,000 and at least 2 years of supervised release.
As to Count 10, the minimum penalty includes a term of imprisonment of 5 years, a maximum term of life, a fine up to $250,000 and up to 5 years of supervised release.
As to each count, LE faces payment of a mandatory special assessment fee of $100.00.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the New Orleans Police Department, and the Louisiana State Police. Assistant United States Attorney Mike Trummel of the Violent Crime Unit handled 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.
Audrey Strauss, the Acting United States Attorney for the Southern District of New York, announced today that FRED ELM, a/k/a “Frederic Elmaleh,” the founder and manager of Elm Tree Investment Advisors LLC (“ETIA”), was sentenced today to 85 months in prison for participating in a scheme to defraud investors in multiple investment funds created and controlled by ELM and Ahmad Naqvi, ETIA’s chief operating officer. Among other illicit activity, ELM and Naqvi fraudulently induced more than 50 investors to invest over $18 million based on false representations that investor money would be invested, through the funds, in the shares of well-known privately held technology companies before their initial public offerings (“IPOs”). Instead, the majority of investor funds was misappropriated for personal use, lost through poor trading, or used to repay investors in a Ponzi-like fashion. ELM pled guilty to conspiracy to commit securities fraud and securities fraud on May 15, 2020, before U.S. District Judge Edgardo Ramos, who also imposed today’s sentence. Naqvi pled guilty before Judge Ramos on May 4, 2020, and was sentenced on June 29, 2020.
Acting U.S. Attorney Audrey Strauss said: “Fred Elm told investors the Elm Tree Funds would generate huge profits from investments in privately held technology companies. In fact, the Elm Tree Funds never invested in these pre-IPO companies and never returned a profit. Further, Elm lied to investors to conceal that their money was being comingled, misused, and lost. Now Elm is headed to prison for his crimes.”
According to the Superseding Indictment charging ELM and Naqvi, and other filings in the case:
From at least June 2013 through December 2014, ELM and Naqvi engaged in a scheme to defraud investors in funds that ELM and Naqvi created and controlled at ETIA, where ELM was the founder and manager, and Naqvi was the chief operating officer. ELM and Naqvi raised more than $18 million from over 50 investors in four limited partnerships for which ETIA acted as the fund manager: Elm Tree Investment Fund, LP; Elm Tree Emerging Growth Fund, LP; Elm Tree ‘e’Conomy Fund, LP; and Elm Tree Motion Opportunity, LP (collectively the “Elm Tree Funds”).
ELM and Naqvi falsely represented that the Elm Tree Funds used investor capital to purchase shares in privately held technology companies before their IPOs. These companies included Twitter, Alibaba, Uber, Square, Pinterest, and GoDaddy. Moreover, ELM and Naqvi falsely represented that they had access to these pre-IPO shares because of their relationships with leading venture capital firms, such as Kleiner Perkins Caufield & Byers, Benchmark Capital, and Silver Lake. In truth and in fact, ELM and Naqvi did not invest in the pre-IPO shares of these companies and did not have relationships with these venture capital firms.
ELM and Naqvi comingled the approximately $18 million that was invested in the Elm Tree Funds in a single investment account and then invested only a portion of the money, approximately $7.1 million. At no point did any of the Elm Tree Funds return a profit. Instead, for example, between January 2014 and November 2014, the Elm Tree Funds lost approximately $3.9 million in poor trading.
Moreover, of the investor funds that ELM and Naqvi did not lose in securities trading, ELM routinely converted investor funds to his own use in the form of cash withdrawals and to pay personal expenses, including to purchase a multimillion-dollar home, high-end furnishings, and other personal items, such as jewelry, daily living expenses, and luxury automobiles, including a Bentley, a Maserati, and a Range Rover.
The conversion of investors’ funds was contrary to the representations that ELM and Naqvi made to investors concerning their and ETIA’s fees. ELM and Naqvi falsely represented that they and ETIA would take a two percent annual management fee plus a performance fee of 20 percent of any profits that the Elm Tree Funds earned. In truth and in fact, ELM converted investor money that far exceeded the two percent management fee. Moreover, because the Elm Tree Funds never returned a profit, ELM, Naqvi, and ETIA were not entitled to any profit-based performance fees.
ELM and Naqvi also used approximately $5.2 million of new investor funds to make payments to earlier investors in a Ponzi-like fashion. To prevent or forestall redemptions, and continue to raise money to fund their scheme, ELM and Naqvi also generated fictitious account statements and made oral and written misrepresentations that their trading strategies were generating consistently positive returns.
ELM was initially arrested in April 2016 and released on bail. In June 2017, approximately one week before his then-scheduled guilty plea, ELM fled to Canada. ELM was subsequently arrested in Canada and extradited to the United States in January 2020. Naqvi, who had been a fugitive since his indictment in 2016, was arrested in Canada and extradited to the United States in November 2019.
* * *
ELM, 51, was also sentenced to three years of supervised release, ordered to forfeit $8,318,840.07, and to pay restitution in the amount of $12,426,293.11.
Ms. Strauss praised the work of Homeland Security Investigations and the U.S. Department of Justice’s Office of International Affairs of the Department’s Criminal Division, and thanked the U.S. Securities and Exchange Commission for its assistance. Ms. Strauss also thanked Canadian law enforcement for its support and assistance.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorney Joshua A. Naftalis is in charge of the prosecution.
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), and Ashan M. Benedict, the Special Agent in Charge of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), announced today the filing of a criminal complaint charging JORDANY FRIAS-ROSARIO, a/k/a “Julio,” and PEDRO CASTILLO, a/k/a “Juan Antonio Frias,” with robbery, kidnapping, and use of a firearm during the commission of a crime of violence. As alleged, FRIAS-ROSARIO and CASTILLO committed a home invasion robbery in the Bronx on March 30, 2017, and forcefully tied up two victims, including a 7-year-old boy with autism. FRIAS-ROSARIO was arrested in Utica, New York, this morning and will be presented this afternoon before the Honorable Thérèse Wiley Dancks. CASTILLO is still at large, and the general public is encouraged to contact Crime Stoppers at 800-577-TIPS (800-577-8477) with any information on CASTILLO’s whereabouts.
Acting Manhattan U.S. Attorney Joon H. Kim said: “The defendants are charged with a callous crime of violence. They allegedly terrorized two people at gunpoint during a home invasion robbery, tying up a 7-year-old autistic child and pistol-whipping an adult. We commend our partners at the ATF and NYPD for the exemplary work that led to the charges today.”
ATF SAC Ashan M. Benedict said: “The defendants are alleged to have brazenly and viciously committed a gunpoint home invasion, during which one victim was tied up and violently assaulted in the presence of the second victim, an autistic child, who was also tied up. Such acts of violence and depravity will not be tolerated, and the defendants will now face justice for their actions. I would like to express my gratitude to the ATF Special Agents and NYPD Detectives assigned to the ATF SPARTA Task Force for their hard work throughout this investigation, and the many others in which they are successfully targeting armed robbers for arrest and prosecution. I would also like to thank the United States Attorney’s Office for their continued partnership and dedication in pursuing the prosecution of violent offenders.”
According to the Complaint[1] filed in Manhattan federal court:
On March 30, 2017, JORDANY FRIAS-ROSARIO, a/k/a “Julio,” and PEDRO CASTILLO, a/k/a “Juan Antonio Frias,” committed a home invasion robbery in the Bronx, New York (the “Robbery”). During the course of the Robbery, FRIAS-ROSARIO and CASTILLO brandished a firearm and forcefully tied up two victims (“Victim-1” and “Victim-2”). Victim-1, a 66-year-old man, was pistol whipped, leaving a deep gash over his left ear. Victim-2, a 7-year-old boy with autism, was also tied up during the course of the Robbery.
* * *
FRIAS-ROSARIO, 24, of the Bronx, was arrested this morning. CASTILLO, 56, also of the Bronx, is still at large and the general public is encouraged to call Crime Stoppers with any information on CASTILLO’s whereabouts. FRIAS-ROSARIO and CASTILLO are each charged with robbery, kidnapping, and using a firearm during the commission of a crime of violence; the charge carries a maximum sentence of life in prison. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Kim praised the efforts of the NYPD and ATF in this investigation, specifically the Bronx Robbery Squad and the Joint Robbery Task Force.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Jacob Warren and Michael Longyear 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 forth herein constitute only allegations, and every fact described should be treated as an allegation.
