1. From as early as 1983 and continuing up to the date of the return of this indictment, in Cali, Colombia, the Southern District of Florida and elsewhere, the RODRIGUEZ-OREJUELA faction of the CALI CARTEL was an Enterprise as defined in Title 18, United States Code, Section 1961(4); that is, a group of individuals and entities, foreign and domestic, associated in fact for the purposes of importing and distributing cocaine, laundering the proceeds and profits of cocaine trafficking, investing the monies derived from cocaine trafficking through the use of foreign and domestic corporations and financial institutions, concealing the source and true owners of the finances for the acquisition of these assets and protecting the leaders of the Enterprise from arrest and prosecution.
2. The defendants MIGUEL RODRIGUEZ-OREJUELA, a/k/a "Patricia," a/k/a "Patricio," a/k/a "Patty," a/k/a "Pat," a/k/a "Manuel," a/k/a "Manolo," a/k/a "El Senor," a/k/a "Mike," a/k/a "Mauro," GILBERTO RODRIGUEZ-OREJUELA, a/k/a "Lucas," JOSE SANTACRUZ-LONDONO, a/k/a "Don Chepe," a/k/a "Don Jose," a/k/a "07," HELMER HERRERA-BUITRAGO, a/k/a "Pacho Herrera," a/k/a "Dr. Arenas," a/k/a "Quinientos," WILLIAM MORAN, a/k/a "Charles Oakley," MICHAEL ABBELL, GONZALO PAZ, a/k/a `William Jo,' DONALD FERGUSON, WALTER SOTO, a/k/a "Carlos Martin," a/k/a "El Sobrino," a/k/a "El Ingeniero," ALFREDO LOPEZ-RODRIGUEZ, a/k/a "El Nica," LUIS PEREZ-MONTERDE, a/k/a "El Gallego," a/k/a "El Contante," VICTOR HUGO CASTRO, RAMON MARTINEZ, JULIO CESAR ROJAS-AYALA, JOSE RAMIREZ-AYALA, RODOLFO LORZA, SANTIAGO PIEDRAHITA, LUIS SANTACRUZ-ECHEVERRI, a/k/a Lucho,' GERARDO SAN PEDRO, a/k/a "El Viejo," HUGO PERERRA, a/k/a "Medico," a/k/a "Hugo Perera," JOSE DAES, a/k/a "Yuyo," HERB ALBERTO ORTIZ, a/k/a "Miguel Sossner," a/k/a "Jessie," a/k/a "Herb Albert," GEORGE MORALES, a/k/a "Vincente Gomez," a/k/a "Narra," a/k/a "Eduardo Medina-Romero," GUILLERMO LEON RESTREPO, a/k/a "Memo," a/k/a "Lara," JULIO JO, a/k/a "Mario Morales," a/k/a "Jal," a/k/a "Jorge Arciniegas," a/k/a "Jaime Toledo," JORGE LOZANO, a/k/a "Jorge Losada," a/k/a "Eugenio Arocho," a/k/a "Lorenzo Linez," a/k/a "Victor Masson," a/k/a `Remon Nogales,' a/k/a `Felipe,' ALBERTO MONDRAGON, a/k/a `Carlos,' GERMAN ZAMORA, a/k/a `Eduardo Sanchez,' a/k/a `Jhon,' PABLO SOLORZANO, a/k/a `Pablin, AGUSTIN SALCEDO, EMILIANO CHING, LUIS URBINA, SERGIO AGUILAR, a/k/a `Marco Gonzalez,' RICHARD DOBAL, VICTOR SARMIENTOS, LUIS ALFREDO GRAJALES, a/k/a John, a/k/a `John de Lucas,' a/k/a Pepe, a/k/a "Timoteo Garcia," LEONARDO GONZALEZ, a/k/a "Leon," EDDY MARTINEZ, a/k/a The Dealer, a/k/a Richie,' a/k/a `Bobby,' ARMANDO MOREJON, a/k/a `Suegro, SAMUEL MARA, a/k/a Antonio,' DANIEL NIETO-PATINO, a/k/a `Danilo, a/k/a The Argentinian,' OSCAR RODOLFO NIETO, CARLOS TORRES, a/k/a "Joseph," ALAIN MILANES, URIEL CONTRERAS, a/k/a "Uriel Khan,' a/k/a `Josue Rivera,' a/k/a `Huevos Duros,' HARVEY DAVID VARELA, a/k/a `The Engineer,' a/k/a `The Mechanic, OSCAR MALARHBE, a/k/a El Compadre, JOSE LUIS MEDRANO, a/k/a `Jome,' JOSE LUIS PEREIRA- SALAS, a/k/a `Jota,' a/k/a `Salvador, JOSE GONZALEZ-TORRES, a/k/a Tocayo,' a/k/a Jorge,' GUILLERMO PALAMARI-GONZALEZ, a/k/a "Reagan," JULIAN MURCILLO- POSADA, JOSE BETANCOURT, a/k/a Jimmy Hipoteca,' JOHN DOE, a/k/a "Nelson", JOHN DOE, a/k/a `Rodrigo,' ROBERTO ASCUNTAR, a/k/a `Tony,' a/k/a Ruso,' a/k/a Alan,' OLVAIRO CORREA, a/k/a `Omar,' RODOLFO COLLAZO, a/k/a `Valentino, MARTA LUZ RIOS-MERA and others known and unknown to the Grand Jury, managed, operated, were employed by and associated with the Enterprise.
3. In addition, the Enterprise acquired and maintained interests in other businesses, including, but not limited to, CENTRO AMERICANA AGRICOLA, S.A., PETALOPS, S.A., PUERTAS DE CASTILLA, S.A., VALENCIA IMPORT AND EXPORT, INC., VALOS WOODWORKING, CASTRO WOOD PRODUCTS, INC., GULF EXOTIC WOOD IMPORTS, INC., XELA, S.A., XELA, INC., NATIONAL FOOD DISTRIBUTORS, INC., VEGGY FRUIT, INC., SOUTHEAST AGROTRADE, INC., PALMETTO COLD STORAGE, INC., PALMETTO INTERNATIONAL FOODS, INC., F AND V, INC., SUNSET GLASS TINTING, J. GUEL ENTERPRISES, CARIBBEAN INTERNATIONAL MOTORS, INC., COMMERCIAL DEL CARIBE, S.A., ELECTROPLUS, S.A., REPRESENTACIONES ROSALES, S.A. BUILDING CORPORATION, ALL THERMO AIR, INC., S.F.B. JANITORIAL SERVICES, INC., CELESTE INTERNATIONAL, S.A., TRANCA, S.A., TRANCA, INC., FRUCOSA, S.A., TAINO COFFEE AND FOOD IMPORTERS INC., CORUM IMPORT AND EXPORT S.A., EXPOSAL LTDA., and PRODUCTOS INTERNACIONALES DE ASFALTOS, which facilitated the importation and distribution of the cocaine, the laundering of proceeds, the purchase and sale of assets for the Enterprise and protection of the Enterprise.
4. The Enterprise was engaged in, and its activities affected, interstate and foreign commerce.
(B) THE RACKETEERING CONSPIRACY
From in or about 1983, and continuing thereafter, up until the date of the return of this Indictment, in the Southern District of Florida and elsewhere, the defendants, MIGUEL RODRIGUEZ- OREJUELA, GILBERTO RODRIGUEZ-OREJUELA, JOSE SANTACRUZ-LONDONO, HELMER HERRERA-BUITRAGO, WILLIAM MORAN, MICHAEL ABBELL, GONZALO PAZ, DONALD FERGUSON, WALTER SOTO, ALFREDO LOPEZ-RODRIGUEZ, LUIS PEREZ-MONTERDE, VICTOR HUGO CASTRO, RAMON MARTINEZ, JULIO CESAR ROJAS-AYALA, JOSE RAMIREZ-AYALA, RODOLFO LORZA, SANTIAGO PIEDRAHITA, LUIS SANTACRUZ-ECHEVERRI, GERARDO SAN PEDRO, HUGO PERERRA, JOSE DAES, HERB ALBERTO ORTIZ, GEORGE MORALES, GUILLERMO LEON RESTREPO, JULIO JO, JORGE LOZANO, ALBERTO MONDRAGON, GERMAN ZAMORA, PABLO SOLORZANO, AGUSTIN SALCEDO, EMILIANO CHING, LUIS URBINA, SERGIO AGUILAR, RICHARD DOBAL, VICTOR SARMIENTOS, LUIS ALFREDO GRAJALES, LEONARDO GONZALEZ, EDDY MARTINEZ, ARMANDO MOREJON, SAMUEL MARA, DANIEL NIETO- PATINO, OSCAR RODOLFO NIETO, CARLOS TORRES, ALAIN MILANES, URIEL CONTRERAS, HARVEY DAVID VARELA, OSCAR MALARHBE, JOSE LUIS MEDRANO, JOSE LUIS PEREIRA-SALAS, JOSE GONZALEZ-TORRES, GUILLERMO PALAMARI-GONZALEZ , JULIAN MURCILLO-POSADA, JOSE BETANCOURT, JOHN DOE a/k/a "Nelson"," JOHN DOE a/k/a "Rodrigo," ROBERTO ASCUNTAR, OLVAIRO CORREA, RODOLFO COLLAZO, MARTA LUZ RIOS-MERA and others known and unknown to the Grand Jury, being persons employed by and associated with the Enterprise, which Enterprise was engaged in, and the activities of which affected, interstate and foreign commerce, did knowingly and willfully combine, conspire, confederate and agree together and with each other to conduct and participate directly and indirectly in the conduct of the affairs of the Enterprise through a pattern of racketeering activity, as defined by Title 18, United States Code, Sections 1961(1) and 1961(5) and as described in section E of this Count, in violation of Title 18, United States Code, Section 1962(c).
(C) STRUCTURE OF THE RACKETEERING ENTERPRISE
The
Enterprise, which consisted of the RODRIGUEZ-OREJUELA faction of the CALI CARTEL, was structured in the following manner and the defendants and other persons associated with and employed by the Enterprise functioned in the following roles:
THE LEADERS
1. The defendant MIGUEL RODRIGUEZ-OREJUELA, until the date of the return of this indictment, was the day-to-day boss of the narcotics trafficking and money laundering components of the Enterprise. MIGUEL RODRIGUEZ-OREJUELA agreed to maintain control over the various "cells" of the RODRIGUEZ-OREJUELA faction of the CALI CARTEL in the United States, Mexico and Central and South America which were primarily responsible for the shipment, transshipment, importation and initial distribution of cocaine, and the related exportation of narcotics proceeds from the United States to Colombia. MIGUEL RODRIGUEZ-OREJUELA also directed the activities of the Enterprise in a manner to facilitate protecting the Enterprise and its leaders through the use of attorneys in the United States and Colombia, and through the payment of bribes to politicians in Colombia.
2. The defendant GILBERTO RODRIGUEZ-OREJUELA, until the date of the return of this indictment, along with his brother MIGUEL RODRIGUEZ-OREJUELA, agreed to assist in the management of the Enterprise, the primary function of which was the importation and distribution of monthly multi-ton shipments of cocaine from Colombia into the United States. GILBERTO RODRIGUEZ-OREJUELA was largely responsible for the distribution of multi-ton quantities of cocaine throughout distribution sites in the United States on behalf of the Enterprise and on behalf of other factions of the CALI CARTEL. The agreement entered into among GILBERTO RODRIGUEZ-OREJUELA, MIGUEL RODRIGUEZ-OREJUELA, JOSE SANTACRUZ- LONDONO and HELMER HERRERA-BUITRAGO to import cocaine Colombia and distribute it in the United States resulted in the formation of what has been commonly referred to as the CALI CARTEL.
3. The defendant JOSE SANTACRUZ-LONDONO, until the date of the return of this indictment, operated a Cali-based narcotics organization, which, in 1986, established and developed frozen vegetable cargo companies in Guatemala and Miami for the purpose of smuggling cocaine for the Enterprise. These companies were ultimately brought under the control of MIGUEL RODRIGUEZ- OREJUELA. Portions of quantities of cocaine transported by the RODRIGUEZ-OREJUELA faction of the CALI CARTEL into the United States were turned over to representatives of SANTACRUZ-LONDONO for distribution.
4. The defendant HELMER HERRERA-BUITRAGO, until the date of the return of this indictment, operated a Cali-based narcotics organization, which, from approximately 1986 until the date of the return of the indictment, received through its representatives portions of enormous quantities of cocaine, which had been imported into the United States by the RODRIGUEZ- OREJUELA faction of the CALI CARTEL, for distribution in the New York City area.
THE ATTORNEYS
5. The defendant WILLIAM MORAN, as a partner in the law firm of MORAN AND GOLD, P.A., first became acquainted with GILBERTO RODRIGUEZ-OREJUELA in approximately 1985, and sometime thereafter, was hired by GILBERTO RODRIGUEZ-OREJUELA and MIGUEL RODRIGUEZ-OREJUELA to represent arrested members of the RODRIGUEZ-OREJUELA faction of the CALI CARTEL. In that regard, MORAN agreed to perform a variety of tasks at the direction of GILBERTO RODRIGUEZ-OREJUELA and MIGUEL RODRIGUEZ-OREJUELA, many of which were aimed at furthering the criminal objectives of the Enterprise by impeding and obstructing the investigation of the Enterprise and prosecution of its leaders.
MORAN agreed to commit acts of obstruction including, but not limited to, arranging bail for Enterprise members he knew would jump bail, aiding and abetting the flight of Enterprise members he knew to be fugitives from criminal charges pending in the Southern District of Florida, warning Enterprise members of anticipated indictments to facilitate their timely flight from the United States to the safe haven of Colombia, arranging for and forwarding monthly subsistence payments from the Enterprise to family members of arrested Enterprise members to ensure that the arrested Enterprise members would not cooperate with the government conducting briefing sessions for MIGUEL RODRIGUEZ- OREJUELA on the government investigation of the Enterprise, and preparing, presenting and arranging for the execution of affidavits knowingly designed to falsely exculpate MIGUEL RODRIGUEZ-OREJUELA.
6. The defendant MICHAEL ABBELL, since approximately 1985, advised GILBERTO RODRIGUEZ-OREJUELA and MIGUEL RODRIGUEZ OREJUELA regarding extradition. ABBELL, as a partner in the law firm of RISTAU AND ABBELL, P.A., agreed to perform a variety of tasks at the direction of MIGUEL RODRIGUEZ-OREJUELA, GILBERTORODRIGUEZ- OREJUELA and JOSE SANTACRUZ-LONDONO, many of which were aimed at furthering the criminal objectives of the Enterprise by impeding and obstructing the investigation of this Enterprise and prosecution of its leaders.
ABBELL agreed to commit acts of obstruction including but not limited to, knowingly securing false sworn statements from arrested members of the RODRIGUEZ-OREJUELA faction of the CALI CARTEL on behalf of, and serving to exculpate, MIGUEL RODRIGUEZ- OREJUELA. ABBELL also agreed to offer, arrange, receive and transmit known narcotics proceeds from the Enterprise to attorneys who appeared in court on behalf of arrested Enterprise members, and to submit fraudulent documents to courts in the United States and Luxembourg in pending civil proceedings concerning the forfeiture of tens of millions of dollars in narcotics proceeds.
7. The defendant GONZALO PAZ, a Colombian national and alleged attorney, has been employed by the Enterprise for an unknown period of time but since at least 1991. At the direction of MIGUEL RODRIGUEZ-OREJUELA, PAZ agreed to deliver threats to Enterprise members incarcerated in the United States that were intended to further the criminal objectives of the Enterprise by impeding and obstructing the investigation of the Enterprise and prosecution of its leaders, including MIGUEL and GILBERTO RODRIGUEZ-OREJUELA. PAZ regularly coordinated Enterprise business with attorneys Robert Moore and Francisco Laguna.
8. The defendant DONALD FERGUSON, since approximately 1990, through his law firm, DONALD FERGUSON, P.A., has purported to represent arrested members of the Enterprise and has performed a variety of tasks at the direction of attorneys who worked directly for MIGUEL RODRIGUEZ-OREJUELA that were aimed at furthering the criminal objectives of the Enterprise by impeding and obstructing the investigation of the Enterprise and prosecution of its members.
FERGUSON agreed to commit acts of obstruction including, but not limited to, meeting with arrested Enterprise members and notarizing the signatures of these individuals on affidavits that FERGUSON knew falsely exculpated MIGUEL RODRIGUEZ-OREJUELA. FERGUSON also agreed to prepare and file motions and pleadings in United States District Court seeking to have arrested members of the Enterprise deposed in an effort to falsely exculpate MIGUEL RODRIGUEZ-OREJUELA. FERGUSON's efforts in this regard followed or coincided with the delivery of financial payments from the Enterprise for legal fees, bail monies and subsistence expenses of which FERGUSON had direct or indirect knowledge. FERGUSON agreed to participate in deliveries of narcotics proceeds from the Enterprise to be used as bail money following the arrest of an Enterprise manager. FERGUSON agreed to provide representation for an arrested Enterprise member and dissuaded this member from cooperating with the government because such cooperation would not be acceptable to MIGUEL RODRIGUEZ- OREJUELA.
THE MANAGERS AND OPERATORS
9. The defendant WALTER SOTO agreed to assist in the Enterprise's importation of shipments of cocaine-filled lumber into South Florida during the mid-1980's, supervised the Enterprise's importation of cocaine-filled frozen vegetable shipments from Guatemala into South Florida, and most recently, supervised the importation of Enterprise cocaine from Colombia through Mexico and into the United States.
10. The defendant ALFREDO LOPEZ-RODRIGUEZ was the manager of the Enterprise's importations of shipments of cocaine-filled lumber into South Florida during the mid-1980 s. LOPEZ-RODRIGUEZ was part-owner of PUERTAS DE CASTILLA, the Honduran company that was utilized to hollow out the wood boards used to import Enterprise cocaine into South Florida. LOPEZ- RODRIGUEZ was vice- president of VALENCIA IMPORT AND EXPORT, the consignee of the cocaine-filled lumber shipments, from 1984 through October 1986. LOPEZ-RODRIGUEZ was president of VALENCIA IMPORT AND EXPORT from October 1986 through September 1987 and leased one of the Miami, Florida warehouses where numerous shipments of cocaine-filled lumber were destined.
11. The defendant LUIS PEREZ-MONTERDE was a corporate officer for VALENCIA IMPORT AND EXPORT from March 14, 1983 through October 1986. On a number of occasions, PEREZ-MONTERDE called the shipping line to request that shipments of lumber containing Enterprise cocaine that were to be delivered to VALENCIA, be delivered to another warehouse, where one shipment of cocaine- filled boards was ultimately seized.
12. The defendant VICTOR HUGO CASTRO owned and operated another Miami, Florida lumber company. On November 18, 1987, CASTRO was present at a warehouse where hollowed-out boards filled with Enterprise cocaine were delivered and later seized. CASTRO agreed to off-load wood boards, rented trucks used for the transportation of the cocaine-filled wood boards and leased a warehouse used by the Enterprise to store cocaine in hidden vaults.
13. The defendant RAMON MARTINEZ managed VALENCIA IMPORT AND EXPORT for the Enterprise. MARTINEZ was named as corporate president of VALENCIA on September 1, 1987. MARTINEZ agreed to divert shipments of cocaine-filled lumber from one warehouse to another for further distribution.
14. The defendant JULIO CESAR ROJAS-AYALA served as president of CENTRO AMERICANA AGRICOLA in Honduras, where a quantity of cocaine concealed in lumber was seized, and later agreed to travel to Venezuela on behalf of the Enterprise, to inspect the Enterprise's plants used to manufacture concrete posts in which cocaine was secreted, and which were exported from Venezuela to South Florida.
15. The defendant JOSE RAMIREZ-AYALA, the half-brother of JULIO CESAR ROJAS-AYALA, agreed to travel to Miami, Florida, and Los Angeles, California, to instruct Enterprise members on how to extract the cocaine packages from the hollowed-out shipments of lumber exported from Honduras to South Florida.
16. The defendant RODOLFO LORZA agreed to assist in the importation and distribution of the cocaine-filled lumber shipments from Honduras to South Florida during the mid-1980's.
17. The defendant SANTIAGO PIEDRAHITA, since at least 1985, and continuing through the wood importations in 1987, agreed to construct vaults in businesses and residences for the Enterprise for the purpose of concealing cocaine, narcotics proceeds and weapons.
18. The defendant LUIS SANTACRUZ-ECHEVERRI agreed to supervise one of the first frozen vegetable routes, which began in 1986, and was owned by his half-brother JOSE SANTACRUZ- LONDONO. SANTACRUZ-ECHEVERRI agreed to manage the distribution of the Enterprise cocaine upon its importation from Guatemala.
19. The defendant GERARDO SAN PEDRO helped originate and design the use of frozen vegetable shipments to smuggle Enterprise cocaine. SAN PEDRO initially worked for JOSE SANTACRUZ-LONDONO and then under the direction of MIGUEL RODRIGUEZ-OREJUELA. SAN PEDRO agreed to operate and continues to operate a Guatemalan company known as XELA that was utilized by the Enterprise to produce and supply the vegetables needed to conceal the cocaine shipments.
20. The defendant HUGO PERERRA agreed to become directly involved in the importation and initial distribution of Enterprise cocaine from 1986 through 1990, approximately two- thirds of the time period of the frozen vegetable shipments. PERERRA, using the alias "Medico," later became one of the Enterprise's wholesale cocaine distributors in South Florida.
21. The defendant JOSE DAES, during the late 1980s, agreed to become directly involved in the importation and distribution of Enterprise cocaine during the time period of the frozen vegetable shipments.
22. The defendant HERB ALBERTO ORTIZ purchased NATIONAL FOOD DISTRIBUTORS, which became one of the companies used to import Enterprise cocaine in shipments of frozen vegetables. ORTIZ agreed to assist in organizing cocaine importations for the Enterprise. ORTIZ, following his arrest on February 6, 1990, for export currency violations, in which proceeding he was represented by WILLIAM MORAN, jumped bond and remains a fugitive.
23. The defendant GEORGE MORALES, in the mid to late 1980 s, agreed to participate in the distribution of the Enterprise s cocaine. Subsequent to MORALES arrest on June 13, 1990, for attempting to purchase 20 kilograms of cocaine, MORALES agreed with MIGUEL RODRIGUEZ-OREJUELA and other members of the Enterprise to murder a confidential informant, who MORALES believed was responsible for his June 13, 1990 arrest. MORALES located and identified the informant. MORALES delivered the location and identity of the informant, through a third- party, to GUILLERMO LEON RESTREPO. RESTREPO then arranged for and participated in the contract killing of the informant on October 14, 1990. MIGUEL RODRIGUEZ-OREJUELA agreed to assist MORALES in fleeing from prosecution in the United States. In 1993, MORALES assisted JULIO JO in the exportation of the Enterprise's cocaine shipments from Panama to Miami, Florida, in containers of coffee. Since at least 1991, and after fleeing from the United States, MORALES has distributed hundreds of kilograms of Enterprise cocaine through other individuals in Miami, Florida.
24. The defendant GUILLERMO LEON RESTREPO was sent to Miami, Florida, by MIGUEL RODRIGUEZ-OREJUELA to arrange the contract murder of the informant believed by Enterprise members to be responsible for the arrest of GEORGE MORALES. RESTREPO received $115,000.00 for arranging for the October 14, 1990 murder of the informant. RESTREPO agreed to continue to provide services of the same type to the Enterprise for which he received additional financial compensation.
25. The defendant JULIO JO worked for the Enterprise at PALMETTO INTERNATIONAL FOODS, the company that disposed of the frozen vegetables within which shipments of cocaine had been concealed. JO agreed to rent the warehouse and execute the lease for F AND V, INC., which was utilized as a cocaine breakdown and repacking site from 1991 through April 1992. JO was also the vice-president of SOUTHEAST AGROTRADE, which was used to smuggle 50,000 kilograms of Enterprise cocaine into the United States between late 1990 and April 1992. JO, from November 1991 through March 1992, on behalf of the Enterprise, agreed to participate in the packing and shipment of $28,632,000.00 in United States currency and semi-automatic weapons through ALL THERMO AIR and J.P.S. BUILDING CORPORATION from Miami, Florida to Cali, Colombia. In addition, following the seizure of 6,650 kilograms of Enterprise cocaine imported by SOUTHEAST AGROTRADE in April 1992, JO fled the United States for Cali, Colombia. In June 1993, JO agreed to be placed in Panama to supervise the receipt, repacking and exportation to the United States of a number of shipments of Enterprise cocaine concealed in coffee. One of these shipments containing 5,600 kilograms of cocaine was seized on September 1, 1993 in Homestead, Florida.
26. The defendant JORGE LOZANO, during 1990 and 1991, agreed to be primarily responsible for coordinating the importation of Enterprise cocaine from Venezuela into the United States. This cocaine was concealed in shipments of concrete posts consigned to TRANCA and LOZANO under the alias of "Eugenio Arocho". LOZANO facilitated the importation and initial distribution of this cocaine by renting all of the warehouses used to store and break down the posts.
27. The defendant ALBERTO MONDRAGON was the principal assistant of JORGE LOZANO. MONDRAGON agreed to assist in the facilitation of the distribution of the Enterprise cocaine imported in concrete posts during 1990 and 1991 by renting the equipment for the warehouses used to break down the posts and by arranging trucks to transport the cocaine throughout Miami, Florida, and from Miami, Florida, to Longview, Texas.
28. The defendant GERMAN ZAMORA, using the alias of "Eduardo Sanchez," was the assistant of HERB ALBERTO ORTIZ, utilizing the alias of "Miguel Sossner," and vice president of NATIONAL FOOD DISTRIBUTORS. ZAMORA as "Eduardo Sanchez" agreed to assist ORTIZ in organizing cocaine importations for the Enterprise. ZAMORA later agreed to safeguard and deliver narcotics proceeds for the Enterprise between 1989 and 1991. During 1990 and 1991, ZAMORA agreed to work with LOZANO and MONDRAGON in setting up warehouses utilized for the importation and distribution of cocaine concealed in concrete posts imported by the Enterprise from Venezuela through TRANCA.
29. The defendant PABLO SOLORZANO was the "right-hand man" for WALTER SOTO during the Enterprise's smuggling operations in Guatemala from 1989 through 1992.
30. The defendant AGUSTIN SALCEDO headed the Panama operations of the Enterprise until July 1992, when 5,100 kilograms of Enterprise cocaine were seized from his warehouse, CELESTE INTERNATIONAL, in the Colon Free Trade Zone, in Panama. During the last phase of the Broccoli routes, a number of Enterprise cocaine shipments concealed in containers of ceramic tile, each consisting of approximately 5,000 kilograms, were routed from Colombia to Guatemala through CELESTE INTERNATIONAL in Panama with the agreement and assistance of SALCEDO.
31. The defendant EMILIANO CHING was the foreman of SOUTHEAST AGROTRADE, where shipments of frozen vegetables containing Enterprise cocaine were initially consigned between 1990 and April 1992 prior to their movement to various warehouses for breakdown and further distribution.
32. The defendant LUIS URBINA was the stepson of CHING. URBINA agreed to assist CHING at SOUTHEAST AGROTRADE from 1990 through April 1992 in the storage of the cocaine, the separation of the boxes of cocaine from the boxes of frozen vegetables and the loading of the trucks that transported the cocaine to warehouses for breakdown and further distribution.
33. The defendant SERGIO AGUILAR operated CARIBBEAN INTERNATIONAL MOTORS, a South Florida car dealership owned and financed by the Enterprise. From 1991 through April 1992, AGUILAR agreed to provide cars and vans registered in aliases and false addresses for the transportation of Enterprise members and for the transportation and distribution of cocaine.
34. The defendant RICHARD DOBAL was AGUILAR's assistant, during 1992. DOBAL worked with AGUILAR in registering the cars and vans in aliases and false addresses and in dispensing the vehicles to the members of the Enterprise. In April 1992, when AGUILAR fled South Florida, DOBAL agreed to become solely responsible for registering the cars and trucks in aliases and false addresses and for dispensing vehicles to the members of the Enterprise prior to and during the coffee importations.
35. The defendant VICTOR SARMIENTOS resided in Cucuta, Colombia, and San Antonio, Venezuela, and agreed to provide false Venezuelan passports for members of the Enterprise. In March 1992, SARMIENTOS agreed to provide false Venezuelan passports to Raul Marti, William Santos and JULIO JO. SARMIENTOS also agreed to facilitate the travel through Venezuela to and from Colombia of Enterprise members using aliases.
36. The defendant LUIS ALFREDO GRAJALES, from 1989 until at least July 1993, was responsible for distributing large quantities of cocaine imported by the RODRIGUEZ-OREJUELA faction of the CALI CARTEL to clients of GILBERTO RODRIGUEZ-OREJUELA and MIGUEL RODRIGUEZ-OREJUELA and to representatives of other factions of the Cartel. GRAJALES, during this time period, was the highest ranking representative of GILBERTO RODRIGUEZ- OREJUELA in the United States.
37. The defendant LEONARDO GONZALEZ, from approximately 1990 until 1991, assisted LUIS ALFREDO GRAJALES in distributing large quantities of cocaine imported by the RODRIGUEZ-OREJUELA faction of the CALI CARTEL to clients of GILBERTO RODRIGUEZ- OREJUELA and MIGUEL RODRIGUEZ-OREJUELA and to representatives of other factions of the CALI CARTEL in the Miami, Florida area.
38. The defendant EDDY MARTINEZ agreed to distribute thousands of kilograms of cocaine in South Florida for the Enterprise from the late 1980 s to the date of the return of this indictment.
39. The defendant ARMANDO MOREJON from 1991 through 1993, agreed to distribute multi-kilogram quantities of Enterprise cocaine in South Florida. Prior to that time period, MOREJON agreed to be employed by the Enterprise to safeguard vaults that were used to secure multi-thousand kilogram loads of cocaine prior to distribution.
40. The defendant SAMUEL MARA agreed to be the "cell head" in New York for the Enterprise, from 1989 through 1991. A number of loads of cocaine were transported from Miami, Florida, to New York, New York, by Enterprise members under MARA's supervision.
41. The defendant DANIEL NIETO-PATINO agreed to assist in the transportation and distribution of thousands of kilograms of Enterprise cocaine in the New York, New York, area, from at least 1990 to the date of the return of this indictment. In 1991, NIETO-PATINO also agreed to participate in the breakdown of concrete post shipments containing cocaine in warehouses in the Miami, Florida, area.
42. The defendant OSCAR RODOLFO NIETO, allegedly the brother of DANIEL NIETO-PATINO, agreed to assist in the distribution of thousands of kilograms of Enterprise cocaine in the New York, New York, area, from at least 1991 to the date of the return of this indictment. OSCAR RODOLFO NIETO also agreed to collect monies for the Enterprise from approximately 1990 to the date of the return of this indictment.
43. The defendant CARLOS TORRES agreed to become the "cell head" in New York, New York, after SAMUEL MARA left the position at the end of 1991. TORRES agreed to distribute thousands of kilograms of Enterprise cocaine in the New York, New York, area from 1989 through April 1992.
44. The defendant ALAIN MILANES, the brother of Jacome Milanes and cousin of GEORGE MORALES, agreed to distribute hundreds of kilograms of Enterprise cocaine in South Florida from 1991 through 1993.
45. The defendant URIEL CONTRERAS, beginning in July 1993, in Miami, Florida and Houston, Texas, agreed to assist in the distribution of thousands of kilograms of Enterprise cocaine to a number of distribution organizations in the United States.
46. The defendant HARVEY DAVID VARELA, from approximately 1989 through 1993, agreed to construct vaults in businesses and residences for the purpose of concealing cocaine, narcotics proceeds and weapons for the Enterprise.
47. The defendant OSCAR MALARHBE, based in Matamoros, Mexico, worked with WALTER SOTO and managed a group utilized since 1993 to smuggle Enterprise cocaine into the United States through Mexico.
48. The defendant JOSE LUIS MEDRANO was MALARHBE's partner in the smuggling of Enterprise cocaine into the United States from Matamoros, Mexico.
49. The defendant JOSE LUIS PEREIRA-SALAS, assisted by JOSE GONZALEZ-TORRES, from October 1993 to the date of the return of this indictment, agreed to coordinate large shipments of Enterprise cocaine that were flown into Mexico and smuggled into the United States across the Texas border.
50. The defendant JOSE GONZALEZ-TORRES, from October 1993 to the date of the return of this indictment, agreed to assist PEREIRA-SALAS in coordinating large shipments of Enterprise cocaine that had been flown into Mexico and smuggled into the United States across the Texas border.
51. The defendant GUILLERMO PALAMARI-GONZALEZ agreed to serve as a bookkeeper and accountant in Cali, Colombia for the Enterprise to verify the accuracy of narcotics ledgers and financial balance sheets faxed to Colombia by Enterprise members in Miami, Florida, and elsewhere. PALAMARI-GONZALEZ further agreed to assist the Enterprise in facilitating the investment of narcotics proceeds in properties and businesses in Colombia.
52. The defendant JULIAN MURCILLO-POSADA agreed to manage the flow of narcotics proceeds for the Enterprise returned to Cali, Colombia, from throughout the United States. Since approximately 1989 to the date of the return of this indictment, MURCILLO- POSADA agreed to utilize his business, EXPOSAL, to control these activities.
53. The defendant JOSE BETANCOURT, agreed to provide a stash house location in Miami, Florida, with a vault used to store cash for the Enterprise.
54. The defendant JOHN DOE, a/k/a "Nelson," from 1990 until at least April 1992, agreed to collect narcotics proceeds being the Enterprise's cocaine distributors, which were then transferred to stash houses or warehouses operated by ROBERTO ASCUNTAR, JOHN DOE, a/k/a "Rodrigo," and Jacome Milanes until the money could be transferred to Colombia.
55. The defendant JOHN DOE, a/k/a "Rodrigo," from 1990 until at least April 1992, agreed to collect narcotics proceeds from the Enterprise's cocaine distributors, which were then transferred to stash houses or warehouses operated by "Rodrigo," ROBERTO ASCUNTAR and Jacome Milanes until the money could be transferred to Colombia.
56. The defendant ROBERTO ASCUNTAR, until April 1992, agreed to store and deliver narcotics proceeds for the Enterprise. Following the arrest of certain Enterprise members in April 1992, ASCUNTAR was placed in charge of the collection and disbursement of narcotics proceeds in South Florida.
57. The defendant OLVAIRO CORREA, until the date of the return of this indictment, agreed to safeguard and deliver narcotics proceeds for the Enterprise in South Florida. Both ASCUNTAR and CORREA agreed to deliver narcotics proceeds to several of the attorneys employed by the Enterprise.
58. The defendant RODOLFO COLLAZO, from 1989 to 1991, agreed to safeguard and deliver narcotics proceeds for the Enterprise.
59. The defendant MARTA LUZ RIOS-MERA, from 1989 to 1991, agreed to safeguard and deliver narcotics proceeds for the Enterprise in South Florida.
(D) PURPOSE AND OBJECTS OF THE RACKETEERING ENTERPRISE
The objective of the Enterprise was to make money through the importation and distribution of cocaine and the laundering of narcotics proceeds.
(1) IMPORTATION OF COCAINE
The CALI CARTEL supplied multi-ton amounts of cocaine that were imported into the United States by the RODRIGUEZ-OREJUELA faction of the CALI CARTEL. The Enterprise utilized sophisticated methods to conceal cocaine in legitimate cargo for importation into the United States. For at least the past 10 years, smuggling schemes developed and/or controlled by GILBERTO RODRIGUEZ-OREJUELA, MIGUEL RODRIGUEZ-OREJUELA and JOSE SANTACRUZ-LONDONO have been utilized by the RODRIGUEZ-OREJUELA faction of the CALI CARTEL to import at least 200,000 kilograms of CALI CARTEL cocaine into the United States using front" companies in Central America, South America and the United States.
(2) DISTRIBUTION OF COCAINE
The Enterprise used distributors throughout the United States.
(3) COLLECTION AS LAUNDERING OF NARCOTICS PROCEEDS
Following the
successful importation and distribution of cocaine into and throughout the United States, the Enterprise collected and laundered hundreds of millions of dollars in United States currency, constituting the proceeds of the distribution of the Enterprise's cocaine, out of the United States to Colombia. Those monies were received by cashiers or collectors placed in the United States in several cities to open "front" businesses that were used to facilitate the storage of currency. The Enterprise also established additional "front" companies to facilitate the exportation of commodities in which huge shipments of currency were hidden and subsequently shipped to Colombia. In addition to the leaders, their "front" business operatives and client distributors, the Enterprise used money laundering specialists who handled all financial arrangements both before and after the importations, and directed the flow of narcotics proceeds to the Enterprise members in salaries, expenses and commissions, and to the leaders of the RODRIGUEZ- OREJUELA faction of the CALI CARTEL in salaries and capital for the Enterprise.
(4) PROTECTION OF THE ENTERPRISE
Upon entering the RODRIGUEZ-OREJUELA faction of the CALI CARTEL, Enterprise members were warned of the consequences of providing information to law enforcement authorities about the Enterprise. Enterprise members were told that if a member cooperated with law enforcement authorities, the Enterprise would retaliate by killing the cooperator and his family. New Enterprise members were also told that if they were ever arrested, the Enterprise would provide and pay for their lawyer, as well as provide monies for the living expenses, or subsistence, of immediate family members. The payment of attorneys' fees and family subsistence expenses was contingent upon the arrested member remaining silent about the Enterprise.
To enable the RODRIGUEZ-OREJUELA faction of the CALI CARTEL to dissuade any Enterprise member from cooperating, MIGUEL RODRIGUEZ-OREJUELA employed attorneys to visit arrested Enterprise members in jail to reinforce the members' knowledge of the Enterprise's power and ability to retaliate against its members as a consequence of cooperation with law enforcement. The jail visits by criminal defense attorneys working for the RODRIGUEZ-OREJUELA faction of the CALI CARTEL were intended to directly and indirectly, rekindle the fear that the RODRIGUEZ- OREJUELA faction of the CALI CARTEL was able to carry out any previous threats. On at least one occasion, MIGUEL RODRIGUEZ- OREJUELA ordered and, with the assistance of contract murderers, carried out the murder of a government informant and witness, who had been responsible for the arrest of a member of the RODRIGUEZ-OREJUELA faction of the CALI CARTEL on cocaine charges.
In order to protect the Enterprise's ability to continue to import and distribute cocaine and to collect and launder narcotics proceeds, the same attorneys agreed to deliver to MIGUEL RODRIGUEZ-OREJUELA copies of the government's affidavits utilized in applications for wiretaps and search warrants and to provide other information on ongoing investigations of the Enterprise's illegal activities. The attorneys agreed to arrange for, offer and deliver subsistence payments from the Enterprise to the family members of arrested Enterprise members. The attorneys agreed to appear in court on behalf of arrested Enterprise members and attempt to secure bonds to enable the arrested Enterprise members to thereafter flee and return to Colombia. The purpose of encouraging arrested Enterprise members to flee prosecution was to eliminate the potential threat of cooperation against the Enterprise. This policy further protected the Enterprise by minimizing the ability of law enforcement to conduct and engage in investigations of the Enterprise's illegal activities as well as prosecution of its members for violations of United States laws. The attorneys additionally agreed to launder known narcotics proceeds through their receipt of cash or wire transfers from the leaders of the Enterprise, their safeguarding and depositing of such cash into trust accounts and their transfer of these narcotics proceeds thereafter via wires, checks or other physical means to other lawyers, bail bondsmen and the families of defendants. The attorneys agreed to draft, notarize and/or otherwise endeavor to have arrested Enterprise members swear to knowingly false sworn statements designed to exculpate the leaders of the RODRIGUEZ- OREJUELA faction of the CALI CARTEL.
(E) PATTERN OF RACKETEERING ACTIVITY
The pattern of racketeering activity, as defined in Title 18, United States Code, Sections 1961(1) and 1961(5), through which the defendants agreed to conduct and participate in the conduct of the affairs of the Enterprise, consisted of multiple acts constituting violations of: Title 21, United States Code, Section 952(a), importation of cocaine; Title 21, United States Code, Section 963, conspiracy and attempt to import cocaine; Title 21, United States Code, Section 846, conspiracy and attempt to possess with the intent to distribute cocaine; Title 21, United States Code, Section 841(a)(1), possession with the intent to distribute cocaine; Title 18, United States Code, Sections 1503 and 1510, obstruction of justice and obstruction of a criminal investigation; Title 18, United States Code, Sections 1956(a)(1)(A)(i), (a)(1)(B)(i), (a)(1)(B)(ii) and (a)(2), money laundering; Title 18, United States Code, Section 1512, witness tampering and the killing of an informant; Title 18, United States Code, Section 1513, retaliating against an informant; and Title 18, United States Code, Section 1958, use of interstate commerce facilities in the commission of a murder for hire.
(F) OVERT ACTS
In furtherance of the racketeering conspiracy, and to effect the objects thereof, the defendants and others known and unknown to the Grand Jury agreed to commit the following overt acts, among others, in the Southern District of Florida and elsewhere:
1. On or about March 14, 1983, VALENCIA IMPORT AND EXPORT was incorporated in the State of Florida, with LUIS PEREZ-MONTERDE as president.
2. In or about early 1983, CENTRO AMERICANA AGRICOLA was registered as a company in Honduras, with JULIO CESAR ROJAS- AYALA as president.
3. In or about May, 1983, RODOLFO LORZA received approximately $3,000.00 in expense monies and $15,000.00 as a payment or reward from GILBERTO RODRIGUEZ-OREJUELA for his participation in the smuggling of cocaine from Honduras to Miami, Florida.
4. On or about July 4, 1983, GILBERTO RODRIGUEZ-OREJUELA paid JULIO CESAR ROJAS-AYALA $8,000.00 for his participation in the smuggling of cocaine from Honduras to Miami, Florida.
5. Between on or about January 16, 1984, and in or about March 1984, JOSE RAMIREZ-AYALA received approximately $202,500.00 from GILBERTO RODRIGUEZ-OREJUELA as payment for his participation in the smuggling of cocaine from Honduras to Miami, Florida.
6. In early 1984, JULIO CESAR ROJAS-AYALA received approximately S255,000.00 from GILBERTO RODRIGUEZ-OREJUELA as payment for his participation in the smuggling of cocaine from Honduras to Miami, Florida.
7. On or about February 4, 1984, GILBERTO RODRIGUEZ- OREJUELA paid JOSE RAMIREZ-AYALA $15,000.00 for expenses incurred relative to the smuggling of cocaine from Honduras to Miami, Florida.
8. On or about March 23, 1984, two deposits of S70,000.00 each were made into accounts at First Interamericas Bank, S.A., in Panama in the names of JULIO CESAR ROJAS-AYALA and JOSE RAMIREZ-AYALA.
9. On or about June 14, 1984, LUIS PEREZ-MONTERDE filed the annual incorporation report for VALENCIA IMPORT AND EXPORT, listing PEREZ-MONTERDE as president and ALFREDO LOPEZ-RODRIGUEZ as vice-president.
10. On or about November 15, 1984, GILBERTO RODRIGUEZ- OREJUELA possessed narcotics ledgers and a telephone book containing the names JOSE RAMIREZ, JULIO ROJAS, RODOLFO LORZA, LUIS PEREZ, a code name for ALFREDO LOPEZ-RODRIGUEZ and abbreviations for the company names PUERTAS DE CASTILLAS and CENTRO AMERICANA AGRICOLA.
11. In or about 1985, JOSE RAMIREZ-AYALA traveled to Los Angeles, California and taught George Lopez and others how to extract cocaine packages concealed in wood boards.
12. In or about late 1985, MIGUEL RODRIGUEZ-OREJUELA orchestrated the importation of approximately 502 kilograms of cocaine into Tarpon Springs, Florida.
13. In or about late 1985, MIGUEL RODRIGUEZ-OREJUELA orchestrated the delivery of approximately 502 kilograms of cocaine from Tarpon Springs, Florida, to Los Angeles, California.
14. On or about January 22, 1986, LUIS PEREZ-MONTERDE leased a warehouse located at 5423 N.W. 72nd Avenue, Miami, Florida for VALENCIA IMPORT AND EXPORT.
15. On or about August 5, 1986, VICTOR CASTRO carried $30,000.00 in United States currency in a car equipped with false compartments.
16. On or about August 7, 1986, VALOS WOODWORKING was incorporated in the State of Florida.
17. On or about November 6, 1986, ALFREDO LOPEZ- RODRIGUEZ leased a warehouse located at 5417 N.W. 72nd Avenue, Miami, Florida for VALENCIA IMPORT AND EXPORT.
18. On or about December 23, 1986, MIGUEL RODRIGUEZ- OREJUELA orchestrated the importation into Miami, Florida, from Guatemala of approximately 150 kilograms of cocaine concealed in frozen vegetables by GERARDO SAN PEDRO's company, XELA.
19. In or about late 1986, MIGUEL RODRIGUEZ-OREJUELA orchestrated the importation into Port Everglades, Florida, of approximately 1,600 kilograms of cocaine concealed in lumber by VALENCIA IMPORT AND EXPORT.
20. In or about early 1987, MIGUEL RODRIGUEZ-OREJUELA orchestrated the importation into Miami, Florida, from Guatemala of approximately 1,200 kilograms of cocaine concealed in frozen vegetables by GERARDO SAN PEDRO's company, XELA.
21. In or about early 1987, MIGUEL RODRIGUEZ-OREJUELA orchestrated the importation into Miami, Florida, from Guatemala of approximately 1,200 kilograms of cocaine concealed in frozen vegetables by GERARDO SAN PEDRO's company, XELA.
22. In or about early 1987, HUGO PERERRA assisted in the breakdown and distribution of the cocaine.
23. In or about early 1987, MIGUEL RODRIGUEZ-OREJUELA orchestrated the importation into Port Everglades, Florida, of approximately 1,608 kilograms of cocaine concealed in lumber.
24. On or about February 13, 1987, ALFREDO LOPEZ- RODRIGUEZ renewed the lease for the warehouse at 5423 N.W. 72 Avenue, Miami, Florida for VALENCIA IMPORT AND EXPORT.
25. On or about May 19, 1987, WALTER SOTO leased a warehouse located at 6531 N.W. 87th Avenue, Miami, Florida.
26. On or about May 26, 1987, VINFE, INC. was incorporated in the State of Florida, listing WALTER SOTO as president and an address of 6531 N.W. 87th Avenue, Miami, Florida.
27. On or about May 28, 1987, VICTOR CASTRO leased a warehouse at 9605 N.W. 79th Avenue, Miami, Florida for CASTRO WOOD PRODUCTS.
28. On or about June 4, 1987, CASTRO WOOD PRODUCTS was incorporated in the State of Florida, with VICTOR CASTRO as president.
29. On or about June 11, 1987, VICTOR CASTRO leased a warehouse at 4783 N.W. 72nd Avenue, Miami, Florida for CASTRO WOOD PRODUCTS.
30. Sometime after June 11, 1987, SANTIAGO PIEDRAHITA constructed a false wall and hidden vaults in the warehouse located at 4783 N.W. 72nd Avenue, Miami, Florida.
31. In or about the middle of 1987, MIGUEL RODRIGUEZ- OREJUELA orchestrated the importation into Port Everglades, Florida, of approximately 1,500 kilograms of cocaine concealed in lumber by VALENCIA IMPORT AND EXPORT.
32. On or about September 1, 1987, State of Florida corporation records were amended for VALENCIA IMPORT AND EXPORT, naming RAMON MARTINEZ as president.
33. On or about November 11, 1987, MARTINEZ directed the United States Customs broker for VALENCIA IMPORT AND EXPORT to deliver the containers of lumber en route from Honduras to 6531 N.W. 87th Avenue, Miami, Florida.
34. On or about November 16, 1987, VICTOR CASTRO rented a Hertz truck from Manny's 66 in Miami, Florida.
35. On or about November 17, 1987, MIGUEL RODRIGUEZ- OREJUELA orchestrated the importation into Port Everglades, Florida, of approximately 2,835 kilograms of cocaine concealed in lumber by VALENCIA IMPORT AND EXPORT.
36. On or about January 23, 1988, MICHAEL ABBELL and Francisco Laguna went to the home of MIGUEL RODRIGUEZ-OREJUELA in Cali, Colombia, where Laguna served as an interpreter for ABBELL's conversations with MIGUEL RODRIGUEZ-OREJUELA.
37. On or about November 18, 1987, WALTER SOTO received the VALENCIA importation containers at 6531 N.W. 87th Avenue, Miami, Florida.
38. On or about November 18, 1987, the Hertz truck rented by VICTOR CASTRO transported lumber containing cocaine from VALOS WOODWORK to CASTRO WOOD PRODUCTS at 9605 N.W. 79th Ave., Miami, Florida and then back to VALOS.
39. On or about November 18, 1987 VICTOR CASTRO and WALTER SOTO discovered and destroyed an electronic tracking device installed by federal agents on the truck and trailer which transported the lumber containing the cocaine from Port Everglades, Florida, to VALOS WOODWORK.
40. On or about November 18, 1987, MIGUEL RODRIGUEZ- OREJUELA orchestrated the importation into Port Everglades, Florida, of approximately 782 kilograms of cocaine concealed in lumber by VALENCIA IMPORT AND EXPORT.
41. On or about November 19, 1987, ALFREDO LOPEZ- RODRIGUEZ and LUIS-PEREZ-MONTERDE fled Miami, Florida, by commercial aircraft to Guatemala.
42. On or about November 21, 1987, JULIO ROJAS-AYALA and RODOLFO LORZA fled Honduras by commercial aircraft to Costa Rica.
43. On or about January 23, 1988, MICHAEL ABBELL and Francisco Laguna went to the home of MIGUEL RODRIGUEZ-OREJUELA in Cali, Colombia, where Laguna served as an interpreter for ABBELL's conversations with MIGUEL RODRIGUEZ-OREJUELA.
44. On or about April 20, 1988, MIGUEL RODRIGUEZ- OREJUELA orchestrated the importation into Tarpon Springs, Florida, of approximately 3,000 kilograms of cocaine by GULF EXOTIC WOOD IMPORTS.
45. In or about early 1988, MIGUEL RODRIGUEZ-OREJUELA, GILBERTO RODRIGUEZ-OREJUELA, JULIAN MURCILLO-POSADA, JOSE DAES and Pedro Isern met at the home of MIGUEL RODRIGUEZ-OREJUELA in Cali, Colombia, and planned a new route for shipments of cocaine concealed in frozen vegetables.
46. In or about May 1988, MICHAEL ABBELL and Francisco Laguna went to the home of MIGUEL RODRIGUEZ-OREJUELA in Cali, Colombia, where Laguna served as an interpreter for ABBELL's conversations with MIGUEL RODRIGUEZ-OREJUELA.
47. In or about the middle of 1988, HERB ALBERTO ORTIZ, using the alias of "Miguel Sossner," and GERMAN ZAMORA, using the alias of "Eduardo Sanchez," purchased NATIONAL FOOD DISTRIBUTORS, a vegetable importation company.
48. On or about August 20, 1988, EDDY MARTINEZ acting on behalf of Bargain Auto Sales in Miami, Florida, notarized an application for a new vehicle title for a 1988 Buick, VIN number lG4CW51C3J1665841, that resulted in the issuance of a new title for the vehicle to JORGE LOZANO in false name.
49. On or about September 5, 1988, JORGE LOZANO, using the alias of "Lorenzo Linez," along with GERMAN ZAMORA acting as a witness, executed a lease on behalf of INTERNATIONAL COMMERCE SUPPLY for a warehouse located at 4408 N.W. 74th Avenue, #2, Miami, Florida.
50. On or about September 7, 1988, INTERNATIONAL COMMERCE SUPPLY was incorporated in the State of Florida, listing JORGE LOZANO in the alias of Eugenio Arocho as president.
51. In or about December 1988, MIGUEL RODRIGUEZ-OREJUELA orchestrated the importation into Miami, Florida, of approximately 1,200 kilograms of cocaine concealed in frozen vegetables by NATIONAL FOOD DISTRIBUTORS.
52. On or about February 10, 1989, MIGUEL RODRIGUEZ- OREJUELA orchestrated the importation into Miami, Florida, of approximately 1,200 kilograms of cocaine concealed in frozen vegetables by NATIONAL FOOD DISTRIBUTORS.
53. On or about May 3, 1989, MIGUEL RODRIGUEZ-OREJUELA orchestrated the importation into Miami, Florida, of approximately 1,200 kilograms of cocaine concealed in frozen vegetables by NATIONAL FOOD DISTRIBUTORS.
54. On or about June 21, 1989, MIGUEL RODRIGUEZ-OREJUELA orchestrated the importation into Miami, Florida, of approximately 1,200 kilograms of cocaine concealed in frozen vegetables by NATIONAL FOOD DISTRIBUTORS.
55. On or about June 27, 1989, RODOLFO COLLAZO possessed $582,189.00 of narcotics proceeds owned by MIGUEL RODRIGUEZ- OREJUELA and GILBERTO RODRIGUEZ-OREJUELA.
56. On or about July 31, 1989, MIGUEL RODRIGUEZ-OREJUELA orchestrated the importation into Miami, Florida, of approximately 1,200 kilograms of cocaine concealed in frozen vegetables by NATIONAL FOOD DISTRIBUTORS.
57. On or about September 5, 1989, MIGUEL RODRIGUEZ- OREJUELA orchestrated the importation into Miami, Florida, of approximately 1,200 kilograms of cocaine concealed in frozen vegetables by NATIONAL FOOD DISTRIBUTORS.
58. On or about September 25, 1989, MIGUEL RODRIGUEZ- OREJUELA orchestrated the importation into Miami, Florida, of approximately 1,200 kilograms of cocaine concealed in frozen vegetables by NATIONAL FOOD DISTRIBUTORS.
59. On or about October 24, 1989, MIGUEL RODRIGUEZ- OREJUELA orchestrated the importation into Miami, Florida, of approximately 1,200 kilograms of cocaine concealed in frozen vegetables by NATIONAL FOOD DISTRIBUTORS.
60. On or about November 30, 1989, MIGUEL RODRIGUEZ- OREJUELA orchestrated the importation into Miami, Florida, of approximately 1,200 kilograms of cocaine concealed in frozen vegetables by NATIONAL FOOD DISTRIBUTORS.
61. On or about December 26, 1989, MIGUEL RODRIGUEZ- OREJUELA orchestrated the importation into Miami, Florida, of approximately 1,200 kilograms of cocaine concealed in frozen vegetables by NATIONAL FOOD DISTRIBUTORS.
62. On or about February 6, 1990, MIGUEL RODRIGUEZ- OREJUELA, with the assistance of HERB ALBERTO ORTIZ, orchestrated the attempted exportation of $1,600,000.00 in United States currency, concealed in water heaters to Cali, Colombia.
63. In or about February 1990, MIGUEL RODRIGUEZ-OREJUELA caused S60,000.00 to be delivered to WILLIAM MORAN to represent HERB ALBERTO ORTIZ.
64. On or about March 22, 1990, JULIO JO, using the alias Mario Morales" and Harold Ackerman, using the alias "Mario Robertson," incorporated SOUTHEAST AGROTRADE in the State of Florida.
65. On or about June 13, 1990, GEORGE MORALES attempted to buy 20 kilograms of cocaine.
66. On or about June 14, 1990, GEORGE MORALES posted a $50,000.00 bond.
67. In or about June 1990, MIGUEL RODRIGUEZ-OREJUELA caused $25,000.00 to be delivered to WILLIAM MORAN for his services in connection with his representation of GEORGE MORALES.
68. In or about July 1990, GEORGE MORALES spoke with MIGUEL RODRIGUEZ-OREJUELA, who agreed to assist MORALES in killing a DEA confidential informant, Rafael Lombrano.
69. In or about July 1990, during his conversation with GEORGE MORALES, MIGUEL RODRIGUEZ-OREJUELA agreed to assist MORALES in securing a false passport in order to jump bond and flee the United States.
70. On or about August 10, 1990, MIGUEL RODRIGUEZ- OREJUELA orchestrated the importation into Miami, Florida, of approximately 5,000 kilograms of cocaine concealed in concrete posts by TRANCA.
71. In or about August 1990, GEORGE MORALES received confirmation from WILLIAM MORAN that Rafael Lombrano was a confidential informant.
72. In or about August 1990, GEORGE MORALES tracked Rafael Lombrano to his residence.
73. In or about August 1990, GEORGE MORALES conveyed the location, identity and description of Rafael Lombrano to George Lopez.
74. In or about September 1990, MIGUEL RODRIGUEZ- OREJUELA sent GUILLERMO LEON RESTREPO to Miami, Florida, to arrange for the contract killing of Rafael Lombrano.
75. In or about September 1990, at the direction of MIGUEL RODRIGUEZ-OREJUELA, George Lopez conveyed the identity, address and description of Rafael Lombrano to GUILLERMO LEON RESTREPO, along with a payment of S15,000.00.
76. In or about September 1990, at the direction of MIGUEL RODRIGUEZ-OREJUELA, GEORGE MORALES received a false Colombian passport in the name of Eduardo Medina-Romero."
77. On or about September 15, 1990, GEORGE MORALES, using the "Medina-Romero" passport, flew to Guatemala.
78. On or about September 15, 1990, GEORGE MORALES attempted to enter the United States without declaring in excess of $10,000.00 in United States currency, and was arrested.
79. On or about September 15, 1990, following GEORGE MORALES' arrest, MORALES called WILLIAM MORAN.
80. On or about September 16, 1990, WILLIAM MORAN called another attorney to represent "Eduardo Medina-Romero," whom MORAN did not identify to the attorney as GEORGE MORALES or as a fugitive.
81. In or about September 1990, following the dismissal of the charges against "Eduardo Medina-Romero," WILLIAM MORAN received $5,000.00 from George Lopez for the representation of "Eduardo Medina-Romero."
82. On or about September 21, 1990, WILLIAM MORAN caused the delivery of $2,500.00 to the attorney he had obtained to represent "Medina-Romero."
83. In or about September 1990, GEORGE MORALES acquired a false Ecuadorian passport.
84. In or about late September 1990, GEORGE MORALES fled to Ecuador.
85. On or about September 30, 1990, MIGUEL RODRIGUEZ-OREJUELA orchestrated the importation into Miami, Florida, of approximately 5,000 kilograms of cocaine concealed in concrete posts by TRANCA.
86. In or about October 1990, GUILLERMO LEON RESTREPO contracted several individuals to kill Rafael Lombrano.
87. On or about October 14, 1990, Rafael Lombrano was killed in the presence of GUILLERMO LEON RESTREPO.
88. On or about October 14, 1990, GUILLERMO LEON RESTREPO received $100,000.00 George Lopez following Lopez s confirmation from MIGUEL RODRIGUEZ-OREJUELA that Rafael Lombrano had been killed.
89. On or about October 26, 1990, MIGUEL RODRIGUEZ-OREJUELA orchestrated the importation into Miami, Florida, of approximately 8,000 kilograms of cocaine concealed in concrete posts by TRANCA.
90. In or about the Fall of 1990, George Lopez introduced Harold Ackerman to WILLIAM MORAN in MORAN s office, and identified MORAN to Ackerman as the person to call if and when members of the Enterprise were arrested.
91. In or about October 1990, MIGUEL RODRIGUEZ-OREJUELA orchestrated the importation into Port Everglades, Florida, of approximately 300 kilograms of cocaine concealed in frozen broccoli by SOUTHEAST AGROTRADE.
92. In or about October 1990, HARVEY DAVID VARELA constructed a vault at a Miami warehouse leased by JORGE LOZANO.
93. In or about October 1990, MIGUEL RODRIGUEZ-OREJUELA orchestrated the importation into Port Everglades, Florida, of approximately 500 kilograms of cocaine concealed in frozen broccoli by SOUTHEAST AGROTRADE.
94. In or about November 1990, MIGUEL RODRIGUEZ-OREJUELA orchestrated the importation into Port Everglades, Florida, of approximately 2,500 kilograms of cocaine concealed in frozen broccoli by SOUTHEAST AGROTRADE.
95. In or about December 1990, MIGUEL RODRIGUEZ-OREJUELA orchestrated the importation into Port Everglades, Florida, of approximately 5,000 kilograms of cocaine concealed in frozen broccoli by SOUTHEAST AGROTRADE.
96. In or about 1990, HARVEY DAVID VARELA constructed two vaults in Homestead, Florida, in a home rented and used by ARMANDO MOREJON and Blas Antonio Gonzalez.
97. In or about late 1990, HARVEY DAVID VARELA constructed a vault in Miami, Florida, in the home of ROBERTO ASCUNTAR
98. In or about late 1990, HARVEY DAVID VARELA constructed a vault in Homestead, Florida, in the home of JOSE BETANCOURT.
99. In or about 1990, under the supervision of George Lopez, MARTA LUZ RIOS-MERA and RODOLFO COLLAZO safeguarded narcotics proceeds for MIGUEL RODRIGUEZ-OREJUELA in Miami, Florida.
100. In or about late 1990, Francisco Laguna, MICHAEL ABBELL and DONALD FERGUSON met with MIGUEL RODRIGUEZ-OREJUELA and JOSE SANTACRUZ-LONDONO at RODRIGUEZ-OREJUELA's Colombian home, at which time SANTACRUZ-LONDONO retained ABBELL, who, in turn, brought in FERGUSON to assist him, to coordinate SANTACRUZ- LONDONO's defense against forfeiture proceedings, and the filing of claims following the seizure of $65,000,000.00 in the Eastern District of New York, Luxembourg and various locations throughout the world (hereinafter referred to by MICHAEL ABBELL, DONALD FERGUSON and Francisco Laguna as the "Castro-Meza" seizure).
101. In or about late 1990 or early 1991, Francisco Laguna accompanied MICHAEL ABBELL and DONALD FERGUSON to Cali, Colombia, where they met with MIGUEL RODRIGUEZ-OREJUELA and discussed RODRIGUEZ-OREJUELA s retention of ABBELL for $60,000.00 to represent RODRIGUEZ-OREJUELA and his interests in the United States.
102. In or about early 1991, MICHAEL ABBELL received and placed in trust $60,000.00 in the form of a wire transfer from MIGUEL RODRIGUEZ-OREJUELA.
103. In or about January 1991, MICHAEL ABBELL hired Francisco Laguna to work with him as an associate lawyer.
104. In or about early 1991, HARVEY DAVID VARELA constructed a vault in Miami, Florida, in a front business utilized by Jacome Milanes.
105. In or about January 1991, MIGUEL RODRIGUEZ-OREJUELA orchestrated the importation into Port Everglades, Florida, of approximately 5,000 kilograms of cocaine concealed in frozen broccoli by SOUTHEAST AGROTRADE.
106. On or about February 7, 1991, MICHAEL ABBELL directed Francisco Laguna to travel to Cali, Colombia.
107. Beginning on or about February 7, 1991, and continuing through on or about February 28, 1991, MICHAEL ABBELL directed Laguna to remain in Cali, Colombia, to gather all necessary documentation to facilitate the filing of claims for the accounts and deposits associated with the Castro-Meza seizure.
108. In or about February 1991, Francisco Laguna received a set of falsified documents from an economist/accountant working for JOSE SANTACRUZ-LONDONO, purporting to describe legitimate sources of seized money as being from (a) Confecciones Arlington, a textile factory, (b) Hacienda San Marcos, an alleged cattle farm, and (c) Finca Alba Luz, an alleged sugar cane plantation.
109. In or about February 28, 1991, Francisco Laguna received the falsified books or ledgers of these companies from JOSE SANTACRUZ-LONDONO's economist/ accountant, and forwarded them to MICHAEL ABBELL in Washington, D.C.
110. On or about February 28, 1991, MICHAEL ABBELL voiced his concern to Francisco Laguna about the obvious falsity of the initial set of documents he received from Laguna.
111. On or about February 28, 1991, MICHAEL ABBELL instructed Francisco Laguna to amend the documents so that the falsity was not obvious.
112. On or about March
1, 1991, Francisco Laguna flew to Cali, Colombia and relayed MICHAEL ABBELL s concerns about the initial set of falsified documents to JOSE SANTACRUZ-LONDONO and his accountant.
113. On or about March 4, 1991, Francisco Laguna received a completely new set of falsified documents for the alleged Colombian businesses.
114. On or about March 9, 1991, Francisco Laguna presented the completely new set of falsified documents to MICHAEL ABBELL.
115. On or about March 9, 1991, Francisco Laguna and MICHAEL ABBELL observed that the new set of falsified documents were different from the previous set.
116. In or about 1991, MICHAEL ABBELL directed the filing of these falsified documents in support of claims filed in the Eastern District of New York and Luxembourg.
117. In or about March 1991, MIGUEL RODRIGUEZ-OREJUELA orchestrated the importation into Port Everglades, Florida, of approximately 5,000 kilograms of cocaine concealed in frozen broccoli by SOUTHEAST AGROTRADE.
118. On or about March 7, 1991, GERMAN ZAMORA transported $100,085.00 in United States currency.
119. On or about March 7, 1991, LEONARDO GONZALEZ filed an application for an occupational license in Dade County, Florida for Sunset Glass Tinting at 4818 S.W. 75th Avenue, Miami, Florida.
120. On or about March 27, 1991, MIGUEL RODRIGUEZ-OREJUELA orchestrated the importation into Miami, Florida, of approximately 5,000 kilograms of cocaine concealed in concrete posts by TRANCA.
121. On or about March 28, 1991, George Lopez traveled to Mexico at the direction of MIGUEL RODRIGUEZ-OREJUELA to attend meetings with OSCAR MALARHBE and JOSE LUIS MEDRANO in an effort to establish smuggling routes through Mexico.
122. In or about April 1991, JULIO CESAR ROJAS-AYALA supervised the concealment of cocaine in concrete posts manufactured at or near Tachira, Venezuela.
123. In or about April 1991, HARVEY DAVID VARELA constructed a vault in Miami, Florida, in a home used by JOHN DOE, a/k/a "Rodrigo."
124. In or about early May 1991, MIGUEL RODRIGUEZ-OREJUELA orchestrated the importation into Port Everglades, Florida, of approximately 5,000 kilograms of cocaine concealed in frozen broccoli by SOUTHEAST AGROTRADE.
125. In or about early May 1991, EMILIANO CHING and LUIS URBINA operated SOUTHEAST AGROTRADE s Miami, Florida warehouses.
126. On or about May 1, 1991, JULIO JO, Harold Ackerman and William Santos, each using an alias, rented a warehouse for F AND V, INC., to serve as a breakdown site for boxes of frozen broccoli containing cocaine.
127. In or about May 1991, HARVEY DAVID VARELA constructed a vault in the home of Gustavo Naranjo near Longview, Texas.
128. In or about June 1991, HARVEY DAVID VARELA constructed two vaults in the home of Anibal Restrepo near Longview, Texas.
129. On or about June 28, 1991, Harold Ackerman sent DANIEL NIETO-PATINO and OSCAR RODOLFO NIETO a bank check in the amount of $25,275.00 payable to INTERNACIONALES PRODUCTOS DE ASFALTOS.
130. In or about July 1991, HARVEY DAVID VARELA constructed a vault in the garage of John Thomas Johnson's home near Longview, Texas.
131. On or about July 9, 1991, HARVEY DAVID VARELA constructed a vault in the new home of ROBERTO ASCUNTAR located in Miami, Florida.
132. On or about July 19, 1991, MIGUEL RODRIGUEZ-OREJUELA orchestrated the importation into Miami, Florida, of approximately 8,000 kilograms of cocaine concealed in concrete posts by TRANCA.
133. On or about July 20, 1991, RICHARD DOBAL, acting on behalf of Caribbean International Motors, purchased a 1978 Ford truck, which he subsequently sold to F AND V, at 2480 West 82nd Street, Bay 5, Hialeah, Florida.
134. On or about August 1, 1991, SERGIO AGUILAR, acting on behalf of Caribbean International Motors, executed a lease for an automobile lot located at 1855 Palm Avenue, Hialeah, Florida.
135. In or about August 1991, VARELA constructed a vault at J. GUEL ENTERPRISES, 9550 N.W. 79 Avenue, Bay 22, Hialeah Gardens, Florida.
136. In or about the middle of August 1991, MIGUEL RODRIGUEZ- OREJUELA orchestrated the importation into Port Everglades, Florida, of approximately 5,000 kilograms of cocaine concealed in frozen broccoli by SOUTHEAST AGROTRADE.
137. On or about August 23, 1991, MIGUEL RODRIGUEZ-OREJUELA orchestrated the importation into Miami, Florida, from Venezuela of approximately 12,250 kilograms of cocaine concealed in concrete posts by TRANCA.
138. On or about September 13, 1991, RICHARD DOBAL signed an application for a certificate of title, and prepared a motor vehicle registration application for a 1991 Lexus with VIN number JT8UF11EOM0097866 in the alias of "Luis Valez," an alias used by Harold Ackerman, at 5932 S.W. 108th Avenue, Miami, Florida, a non-existent address.
139. In or about September 1991, at the direction of MIGUEL RODRIGUEZ-OREJUELA, SAMUEL MARA, DANIEL NIETO-PATINO and others conducted counter-surveillance of the August 23, 1991, TRANCA importation.
140. In or about early September 1991, Harold Ackerman advised MIGUEL RODRIGUEZ-OREJUELA that law enforcement surveillance of the August 23, 1991, TRANCA importation had been detected.
141. On or about September 10, 1991, at the request of MIGUEL RODRIGUEZ-OREJUELA, George Lopez traveled to Miami, Florida, to investigate reports of law enforcement surveillance of the August 23, 1991, TRANCA importation.
142. In or about the middle of September 1991, George Lopez conducted counter-surveillance of the August 23, 1991, TRANCA importation, and detected law enforcement surveillance.
143. In or about September 1991, at the direction of MIGUEL RODRIGUEZ-OREJUELA, the July 19, 1991 TRANCA importation was broken down and distributed by JORGE LOZANO, ALBERTO MONDRAGON, SAMUEL MARA, DANIEL NIETO-PATINO and others.
144. On or about September 17, 1991, MIGUEL RODRIGUEZ-OREJUELA authorized Harold Ackerman to pay 510,000.00 to DANIEL NIETO- PATINO for expenses.
145. On or about September 25, 1991, MIGUEL RODRIGUEZ-OREJUELA authorized the delivery of $1,000,000.00 in commissions to WALTER SOTO.
146. In or about late September 1991, at the request of JORGE LOZANO, the warehouse lease for 4408 N.W. 74th Avenue, Miami, Florida, which had been previously rented by LOZANO, with GERMAN ZAMORA acting as a witness, was transferred to a second warehouse located at 4793 N.W. 72nd Avenue, Miami, Florida.
147. On or about October 2, 1991, MIGUEL RODRIGUEZ-OREJUELA directed Harold Ackerman to pay $8,500.00 for charges incurred on a credit card used by GILBERTO RODRIGUEZ-OREJUELA.
148. On or about October 2, 1991, MIGUEL RODRIGUEZ-OREJUELA directed Harold Ackerman to obtain a bank check made payable in the amount of $8,500.00 to PRODUCTOS INTERNACIONALES DE ASFALTOS in Venezuela.
149. On or about October 9, 1991, at the direction of MIGUEL RODRIGUEZ-OREJUELA and DANIEL NIETO-PATINO, Harold Ackerman obtained a bank check in the amount of S8,500.00 payable to PRODUCTOS INTERNACIONALES DE ASFALTOS.
150. On or about October 15, 1991, HARVEY DAVID VARELA constructed two vaults in the New York City area, for which he was paid by MIGUEL RODRIGUEZ-OREJUELA through Harold Ackerman, for the purpose of storing cocaine and narcotics proceeds and to be managed by DANIEL NIETO-PATINO, OSCAR NIETO-PATINO and CARLOS TORRES.
151. On or about October 17, 1991, SAMUEL MARA received $6,200.00 authorized by MIGUEL RODRIGUEZ-OREJUELA through Harold Ackerman.
152. On or about October 18, 1991, ALL THERMO AIR was incorporated in the State of Florida, listing JULIO JO in the alias of Mario Morales" as president.
153. On or about October 29, 1991, at the direction of MIGUEL RODRIGUEZ-OREJUELA, Harold Ackerman sent JOSE DAES $20,000.00.
154. In or about October 1991, at the direction of MIGUEL RODRIGUEZ-OREJUELA, JORGE LOZANO, ALBERTO MONDRAGON, SAMUEL MARA, DANIEL NIETO-PATINO and others conducted counter- surveillance of the August 23, 1991 TRANCA importation.
155. In or about October 1991, MIGUEL RODRIGUEZ-OREJUELA directed Harold Ackerman to ship concrete posts not containing cocaine to Gustavo Naranjo in Texas, to ascertain if the August 23, 1991 importation was under law enforcement surveillance.
156. In or about October 1991, at the direction of MIGUEL RODRIGUEZ-OREJUELA, SAMUEL MARA, DANIEL NIETO-PATINO and others continued the breakdown and distribution of the July 19, 1991 TRANCA importation.
157. In or about October 1991, portions of the August 23, 1991, TRANCA importation were moved to various warehouse locations in Miami, Florida rented by JORGE LOZANO and GERMAN ZAMORA.
158. In or about November 1991, portions of the August 23, 1991, TRANCA importation were moved to various warehouse locations in Miami, Florida, rented by JORGE LOZANO and GERMAN ZAMORA.
159. In or about November 1991, at the direction of MIGUEL RODRIGUEZ-OREJUELA, SAMUEL MARA, DANIEL NIETO-PATINO and others conducted counter-surveillance of the August 23, 1991 TRANCA importation.
160. In or about early November 1991, George Lopez met WILLIAM MORAN at his office and advised MORAN that a load of cocaine imported from Venezuela owned by the RODRIGUEZ-OREJUELA faction of the CALI CARTEL was under surveillance and would likely result in the arrest of Enterprise members.
161. In or about early November 1991, MIGUEL RODRIGUEZ- OREJUELA orchestrated the importation into Port Everglades, Florida, of approximately 5,000 kilograms of cocaine concealed in frozen broccoli by SOUTHEAST AGROTRADE.
162. In or about November 1991, HARVEY DAVID VARELA constructed a vault in the home of Carlos Giron located in Miami, Florida.
163. On or about November 11, 1991, HUGO PERERRA received 100 kilograms of cocaine.
164. On or about November 12, 1991, following his receipt and distribution of 100 kilograms of cocaine, HUGO PERERRA caused the delivery of $1,110,000.00 to MIGUEL RODRIGUEZ-OREJUELA through Harold Ackerman.
165. On or about November 13, 1991, ALBERTO MONDRAGON accompanied a truck delivering concrete posts from 4793 N.W. 72nd Avenue, Miami, Florida, to 2059 N.W. 79th Avenue, Miami, Florida.
166. On or about November 15, 1991, JORGE LOZANO and ALBERTO MONDRAGON, acting on behalf of TRANCA, arranged and paid for the transportation of one truck carrying concrete posts containing approximately 1,075 kilograms of cocaine, from 4793 N.W. 72nd Avenue, Miami, Florida, to a warehouse in Longview, Texas.
167. On or about November 15, 1991, SAMUEL MARA received $12,000.00 in expenses from a courier acting at the direction of Harold Ackerman, after payment of this money had been authorized by MIGUEL RODRIGUEZ-OREJUELA.
168. On or about November 19, 1991, HUGO PERERRA received 100 kilograms of cocaine.
169. On or about November 20, 1991, HUGO PERERRA caused the delivery of S1,089,880.00 to MIGUEL RODRIGUEZ-OREJUELA through Harold Ackerman.
170. On or about November 20, 1991, Harold Ackerman received $4,407,500.00 from representatives of JOSE SANTACRUZ-LONDONO.
171. On or about November 22, 1991, ALBERTO MONDRAGON opened and closed the warehouse located at 2059 N.W. 79th Avenue in Miami, Florida.
172. On or about November 22, 1991, ALBERTO MONDRAGON abandoned his vehicle at the Miami International Airport after detecting law enforcement surveillance.
173. On or about November 22, 1991, JORGE LOZANO paged ALBERTO MONDRAGON from the office of WILLIAM MORAN.
174. On or about November 22, 1991, Gustavo Naranjo spoke to MIGUEL RODRIGUEZ-OREJUELA at telephone number 825317 in Cali, Colombia.
175. On or about November 22, 1991, Gustavo Naranjo received instructions from MIGUEL RODRIGUEZ-OREJUELA regarding the delivery of 800 kilograms of cocaine.
176. On or about November 22, 1991, MIGUEL RODRIGUEZ-OREJUELA advised Gustavo Naranjo to anticipate the arrival in Texas of additional concrete posts containing cocaine.
177. On or about November 23, 1991, MIGUEL RODRIGUEZ-OREJUELA paged Gustavo Naranjo and inserted Cali, Colombia telephone number 825317.
178. On or about November 23, 1991, Gustavo Naranjo spoke to MIGUEL RODRIGUEZ-OREJUELA at telephone number 825317 in Cali, Colombia.
179. On or about November 23, 1991, MIGUEL RODRIGUEZ-OREJUELA admonished Gustavo Naranjo for failing to detect law enforcement surveillance.
180. On or about November 23, 1991, MIGUEL RODRIGUEZ-OREJUELA instructed Gustavo Naranjo to personally check the cocaine storage vaults in the east Texas area, and to personally conduct extensive counter-surveillance in an effort to detect law enforcement surveillance.
181. On or about November 23, 1991, Gustavo Naranjo telephoned JORGE LOZANO in Miami, Florida.
182. On or about November 23, 1991, JORGE LOZANO agreed to tell MIGUEL RODRIGUEZ-OREJUELA that Gustavo Naranjo was under law enforcement surveillance.
183. On or about November 25,
1991, JULIO JO and William Santos exported approximately $3,000,000.00 in United States currency from Miami, Florida, to JULIAN MURCILLO-POSADA at EXPOSAL, in Cali, Colombia, on behalf of MIGUEL RODRIGUEZ-OREJUELA.
184. On or about November 25, 1991, JULIO JO and William Santos exported semi-automatic weapons from Miami, Florida to JULIAN MURCILLO-POSADA at EXPOSAL in Cali, Colombia, on behalf of MIGUEL RODRIGUEZ-OREJUELA.
185. On or about November 26, 1991, MIGUEL RODRIGUEZ-OREJUELA paged JORGE LOZANO three times, inserting Cali, Colombia telephone number 825317 each time.
186. On or about November 26, 1991, MIGUEL RODRIGUEZ-OREJUELA telephoned from Cali, Colombia, to Joel Rosenthal in Miami, Florida.
187. On or about November 26, 1991, Joel Rosenthal received $65,000.00 in cash from MIGUEL RODRIGUEZ-OREJUELA.
188. On or about November 26, 1991, Joel Rosenthal traveled from Miami, Florida to Tyler, Texas.
189. On or about November 26, 1991, Joel Rosenthal visited Gustavo Naranjo at the Smith County Jail in Tyler, Texas.
190. On or about November 26, 1991, Joel Rosenthal informed Gustavo Naranjo that he was there on behalf of MIGUEL RODRIGUEZ- OREJUELA.
191. On or about November 26, 1991, Joel Rosenthal asked Gustavo Naranjo whether he had cooperated with law enforcement.
192. On or about November 26, 1991, Gustavo Naranjo told Joel Rosenthal that he was not cooperating with law enforcement.
193. On or about November 26, 1991, Joel Rosenthal told Gustavo Naranjo that it was good that he was not cooperating because Naranjo knew what would happen if he did cooperate, and that Rosenthal would inform MIGUEL RODRIGUEZ-OREJUELA that Naranjo was not cooperating.
194. On or about November 26, 1991, Joel Rosenthal told Gustavo Naranjo that MIGUEL RODRIGUEZ-OREJUELA would pay Naranjo's legal fees.
195. On or about November 26, 1991, at 8:18 p.m., Eastern Standard Time, following his meeting with Naranjo, Joel Rosenthal telephoned MIGUEL RODRIGUEZ-OREJUELA in Cali, Colombia from Room 7502 at the Ramada Inn in Tyler, Texas.
196. On or about November 26, 1991, at 8:45 p.m., Eastern Standard Time, Joel Rosenthal called a Texas defense attorney and arranged for that attorney to represent Naranjo.
197. On or about November 27, 1991, WALTER SOTO received $1.000,000.00 from MIGUEL RODRIGUEZ-OREJUELA, through Harold Ackerman, in payment for SOTO s supervision of the transshipment of 10,000 kilograms of cocaine through FRUCOSA in Guatemala to the United States.
198. In or about November 1991, SAMUEL MARA supervised the transportation of vans loaded with cocaine to the New York, New York, area for distribution.
199. On or about December 5, 1991, GONZALO PAZ using the alias "William Jo" visited Gustavo Naranjo at the Smith County Jail.
200. On or about December 5, 1991, GONZALO PAZ warned Gustavo Naranjo of the consequences of cooperation with the government.
201. On or about December 5, 1991, MIGUEL RODRIGUEZ-OREJUELA orchestrated the importation into Port Everglades, Florida, of approximately 5,000 kilograms of cocaine concealed in frozen broccoli by SOUTHEAST AGROTRADE.
202. On or about December 6, 1991, JULIO JO and William Santos exported approximately $2,000,000.00 in narcotics proceeds from Miami, Florida, to JULIAN MURCILLO-POSADA in Cali, Colombia, for MIGUEL RODRIGUEZ-OREJUELA.
203. On or about December 9, 1991, Joel Rosenthal received $75,000.00 in cash from MIGUEL RODRIGUEZ-OREJUELA.
204. On or about December 9, 1991, Joel Rosenthal issued a check from his trust account for $25,000.00 payable to the attorney of Gustavo Naranjo.
205. On or about December 10, 1991, Joel Rosenthal deposited $25,000.00 in cash into his trust account.
206. In or about December 1991, Joel Rosenthal informed the attorney for Anibal Restrepo that he was acting on behalf of MIGUEL RODRIGUEZ-OREJUELA and discussed with him the attorney's experience, arrangements for the payment of attorney's fees.
207. On or about December 12, 1991, after receiving MIGUEL RODRIGUEZ-OREJUELA's authorization, Harold Ackerman directed the payment of $14S,000.00 to SERGIO AGUILAR for the purchase of cars for SAMUEL MARA.
208. On or about December 17, 1991, a representative of HELMER HERRERA-BUITRAGO received 300 kilograms of distributor working for MIGUEL RODRIGUEZ-OREJUELA.
209. On or about December 18, 1991, MIGUEL RODRIGUEZ-OREJUELA ordered the delivery of 300 kilograms of cocaine to "Mako," for HELMER HERRERA-BUITRAGO.
210. On or about December 20, 1991, Joel Rosenthal deposited $50,000.00 into his trust account.
211. On or about December 23, 1991, JULIO JO and William Santos exported approximately $3,000,000.00 in narcotics proceeds from Miami, Florida, to JULIAN MURCILLO-POSADA in Cali, Colombia, for MIGUEL RODRIGUEZ-OREJUELA.
212. In or about December 1991, WALTER SOTO and Pedro Isern met with OSCAR MALARHBE and JOSE LUIS MEDRANO in Mexico to arrange for the use of smuggling routes from Mexico into the United States.
213. In or about December 1991, at the direction of MIGUEL RODRIGUEZ-OREJUELA, Harold Ackerman faxed to GUILLERMO PALAMARI- GONZALEZ updated ledgers to account for narcotics trafficking and related activities of the Enterprise.
214. On or about December 31, 1991, HELMER HERRERA-BUITRAGO caused the payment of the final installment of an amount of money owed to MIGUEL RODRIGUEZ-OREJUELA in return for cocaine transportation and delivery services.
215. In or about 1991, GILBERTO RODRIGUEZ-OREJUELA, JULIO JO, JOSE LUIS MEDRANO, WALTER SOTO, Harold Ackerman and Pedro Isern obtained false Guatemalan passports.
216. On or about January 8, 1992, at the direction of MIGUEL RODRIGUEZ-OREJUELA, Harold Ackerman directed the delivery of the last of a series of subsistence payments totaling $160,000.00, to ROBERTO ASCUNTAR.
217. On or about January 14, 1992, JULIO JO and William Santos exported semi-automatic weapons from Miami, Florida, to JULIO MURCILLO-POSADA at EXPOSAL in Cali, Colombia for MIGUEL RODRIGUEZ-OREJUELA.
218. On or about January 14, 1992, JULIO JO and William Santos exported approximately $3,000,000.00 in narcotics proceeds from Miami, Florida, to JULIAN MURCILLO-POSADA at EXPOSAL, LTDA. in Cali, Colombia, for MIGUEL RODRIGUEZ-OREJUELA.
219. On or about January 21, 1992, at the direction of MIGUEL RODRIGUEZ-OREJUELA, Harold Ackerman caused the delivery of $400,000.00 in commissions to GERARDO SAN PEDRO.
220. On or about January 21, 1992, at the direction of MIGUEL RODRIGUEZ-OREJUELA, Harold Ackerman caused the delivery of $250,000.00 in commissions to PABLO SOLORZANO.
221. On or about January 28, 1992, ALAIN MILANES received 54 kilograms of cocaine from couriers working for MIGUEL RODRIGUEZ- OREJUELA.
222. On or about January 30, 1992, JULIO JO and William Santos exported approximately $4,000,000.00 in narcotics proceeds from Miami, Florida to JULIAN MURCILLO-POSADA at EXPOSAL, LTDA. in Call, Colombia for MIGUEL RODRIGUEZ-OREJUELA.
223. In or about February 1992, MIGUEL RODRIGUEZ-OREJUELA orchestrated the importation into Port Everglades, Florida, of approximately 5,000 kilograms of cocaine in frozen broccoli by SOUTHEAST AGROTRADE.
224. On or about February 3, 1992, HUGO PERERRA received 100 kilograms of cocaine.
225. On or about February 4, 1992, HUGO PERERRA caused the delivery of $1,110,000.00 to MIGUEL RODRIGUEZ-OREJUELA through Harold Ackerman.
226. In or about February 1992, JULIO JO, Harold Ackerman and William Santos, using aliases, rented a second warehouse for F AND V, INC.
227. On or about February 5, 1992, ARMANDO MOREJON received 36 kilograms of cocaine from couriers working for MIGUEL RODRIGUEZ- OREJUELA.
228. On or about February 7, 1992, ALAIN MILANES paid MIGUEL RODRIGUEZ-OREJUELA through Harold Ackerman, the second of two payments totaling approximately $647,500.00 for the 54 kilograms of cocaine MILANES had previously received.
229. On or about February 7, 1992, EDDY MARTINEZ received 100 kilograms of cocaine from couriers working for MIGUEL RODRIGUEZ- OREJUELA.
230. On or about February 8, 1992, EDDY MARTINEZ paid MIGUEL RODRIGUEZ-OREJUELA, through Harold Ackerman, approximately $1,200,000.00.
231. In or about February 1992, vans loaded with cocaine were driven to the New York City area for distribution under CARLOS TORRES' supervision.
232. On or about February 10, 1992, ARMANDO MOREJON paid MIGUEL RODRIGUEZ-OREJUELA, through Harold Ackerman, approximately $432,000.00.
233. On or about February 12, 1992, JULIO JO and William Santos exported approximately $8,005,000.00 in narcotics proceeds from Miami, Florida to JULIAN MURCILLO-POSADA at EXPOSAL in Cali, Colombia, for MIGUEL RODRIGUEZ-OREJUELA.
234. On or about February 14, 1992, OSCAR RODOLFO NIETO attempted to depart the United States with $102,295.00 in United States currency.
235. On or about February 25, 1992, SERGIO AGUILAR purchased for Caribbean International Motors a 1992 Ford Econoline van, VIN number 1FTDE14Y8NHA62764, from Metro Ford in Miami, Florida.
236. On or about February 25, 1992, RICHARD DOBAL, acting on behalf of Caribbean International Motors, applied for a certificate of title and prepared a motor vehicle registration application for a 1992 Ford Econoline van, VIN number 1FTDE14Y8NHA62764, in the false name of ABC COMPUTERS, INC., at the false address of 4908 East 9th Avenue, Hialeah, Florida.
237. In or about February 1992, SERGIO AGUILAR purchased a number of vehicles, which he then shipped to CARLOS TORRES in the New York, New York, area.
238. In or about late February 1992, SERGIO AGUILAR purchased a number of trucks and trailors, which he then shipped to AUGUSTIN SALCEDO in Panama.
239. In or about February 1992, Harold Ackerman faxed a list of updated code names and numbers for Miami members of the Enterprise to GUILLERMO PALAMARI-GONZALEZ.
240. In or about March 1992, William Santos and Raul Marti traveled to Venezuela where they paid VICTOR SARMIENTOS for false Venezuelan passports.
241. On or about March 2, 1992, RICHARD DOBAL acting on behalf of Pedro Pablo Gomez, applied for a certificate of title and prepared a motor vehicle registration application for a 1992 Pontiac Grand Prix, VIN number 1G2WH54TONF254367, in the alias of "Guillermo Guerrero," at the false address of 2419 N.W. 18th Court, Miami, Florida.
242. On or about March 9, 1992, JULIO JO and William Santos exported approximately $5,618,000.00 in narcotics proceeds from Miami, Florida, to JULIAN MURCILLO-POSADA at EXPOSAL in Cali, Colombia, for MIGUEL RODRIGUEZ-OREJUELA.
243. On or about March 21, 1992, Harold Ackerman directed delivery of the last of a series of compensation and subsistence payments totaling $1,100,000.00 to "Chavita," the secretary for LUIS SANTACRUZ-ECHEVERRI.
244. On or about March 26, 1992,
Harold Ackerman caused $300,000.00 in cash to be laundered for GILBERTO RODRIGUEZ-OREJUELA.
245. On or about April 16, 1992, MIGUEL RODRIGUEZ-OREJUELA orchestrated the importation of approximately 6,650 kilograms of cocaine in frozen broccoli by SOUTHEAST AGROTRADE into Port Everglades, Florida.
246. On or about April 20, 1992, EMILIANO CHING and LUIS URBINA loaded onto a truck approximately 2,000 kilograms of cocaine that Blas Antonio Gonzalez then delivered to the F AND V warehouse for repackaging and distribution.
247. On or about April 20, 1992, Harold Ackerman caused $17,000.00 to be delivered by JOHN DOE, a/k/a "Nelson," to ALFREDO LOPEZ-RODRIGUEZ.
248. On or about April 21, 1992, EMILIANO CHING and LUIS URBINA loaded onto a truck approximately 1,500 kilograms of cocaine that Blas Antonio Gonzalez then delivered to the F AND V warehouse for repackaging and distribution.
249. On or about April 21, 1992, EMILIANO CHING and LUIS URBINA loaded onto a truck approximately 1,500 kilograms of cocaine that Blas Antonio Gonzalez then delivered to the F AND V warehouse for repackaging and distribution.
250. On or about April 21, 1992, MIGUEL RODRIGUEZ-OREJUELA orchestrated the delivery of approximately 10,000 kilograms of cocaine to CELESTE INTERNATIONAL, a Colon, Panama business and warehouse operated by AUGUSTIN SALCEDO.
251. On or about April 21, 1992, PABLO SOLORZANO spoke to Harold Ackerman, and planned the receipt of and importation into Miami, Florida, through Guatemala, of the 10,000 kilograms of cocaine that were stored at CELESTE INTERNATIONAL in Panama.
252. On or about April 22, 1992, LUIS ALFREDO GRAJALES advised Harold Ackerman of Juan Jose Guel's arrest and the seizure of 600 kilograms of cocaine.
253. On or about April 22, 1992, CARLOS TORRES advised Harold Ackerman of the presence of law enforcement surveillance of a cocaine delivery in New York, New York.
254. On or about April 22, 1992, CARLOS TORRES asked Harold Ackerman for new vehicles and employees to facilitate the distribution of cocaine in the New York, New York area.
255. On or about April 23, 1992, following the arrest of Harold Ackerman, Robert Moore directed Ackerman's son to remove narcotics proceeds in the form of United States currency from safety deposit boxes and to bring this currency to Moore in order to prevent government seizure of these funds.
256. On or about April 23, 1992, Pedro Isern told Robert Moore that he was very good friends with Ackerman and WALTER SOTO, and was advised by Moore that Isern should know what to do to save himself.
257. On or about April 23, 1992, Isern, SERGIO AGUILAR, JULIO JO and William Santos spoke with one another by telephone and immediately thereafter fled the Miami, Florida area.
258. On or about April 24, 1992, WILLIAM MORAN received copies of affidavits filed in support of applications for wiretaps on the cellular telephones of Harold Ackerman and Carlos Giron, which detailed evidence of a direct relationship between Gustavo Naranjo and MIGUEL RODRIGUEZ-OREJUELA.
259. On or about April 25, 1992, at approximately 2:00 a.m., MIGUEL RODRIGUEZ-OREJUELA summoned Francisco Laguna to his house in Cali, Colombia, and directed Laguna to return to Miami, Florida, to determine the status of Harold Ackerman and others who had been arrested on April 23, 1992.
260. On or about April 25, 1992, DONALD FERGUSON picked up Francisco Laguna upon Laguna's arrival in Miami, Florida on a flight originating from Cali, Colombia.
261. On or about April 25, 1992, Francisco Laguna and DONALD FERGUSON drove to the Metropolitan Correctional Center in Miami, Florida, to visit Harold Ackerman and others and to obtain copies of whatever documentation existed regarding their arrests in order to provide the information to MIGUEL RODRIGUEZ- OREJUELA in Cali, Colombia.
262. On or about April 25, 1992, in the visiting room at the Metropolitan Correctional Center, DONALD FERGUSON introduced Francisco Laguna to Robert Moore.
263. On or about April 25, 1992, DONALD FERGUSON and Francisco Laguna drove to Robert Moore's office, where Moore provided Laguna with copies of documents relating to Ackerman's arrest.
264. On or about April 25, 1992, DONALD FERGUSON drove Francisco Laguna to the Miami International Airport.
265. On or about April 26, 1992, Francisco Laguna met with MIGUEL RODRIGUEZ-OREJUELA in Cali, Colombia and translated the documents relating to Ackerman's attest.
266. In or about the end of April 1992, SERGIO AGUILAR, using the alias of Marco Gonzalez," advised Pedro Pablo Gomez' attorney that GONZALO PAZ would be traveling to Miami, Florida, from Cali, Colombia, and directed the attorney to provide PAZ with whatever information he needed on the Ackerman and Pedro Pablo Gomez case.
267. On or about April 29, 1992, GONZALO PAZ traveled from Call, Colombia, to Miami, Florida, to acquire information on the Ackerman case and to meet with Robert Moore.
268. On or about April 30, 1992, GONZALO PAZ visited Harold Ackerman at the Metropolitan Correctional Center in Miami, Florida, and delivered a death threat to Harold Ackerman from MIGUEL RODRIGUEZ-OREJUELA.
269. On or about April 30, 1992, the law firm of MORAN AND GOLD P.A. received $90,000.00 in cash from MIGUEL RODRIGUEZ- OREJUELA.
270. In or about May 1992, WALTER SOTO, OSCAR MALARHBE, JOSE LUIS MEDRANO, Pedro Isern and others flew from Mexico City, Mexico, to Monterrey, Mexico. '
271. In or about May 1992, WALTER SOTO, PABLO SOLORZANO, OSCAR MALARHBE, JOSE LUIS MEDRANO, Pedro Isern and others met in Matamoros, Mexico, and discussed plans to transship cocaine via freighters from Colombia through Matzalan, Mexico and over land through the Matamoros area into Texas.
272. On or about May 3, 1992, Francisco Laguna and WILLIAM MORAN traveled from Miami, Florida to Cali, Colombia.
273. On or about May 5, 1992, WILLIAM MORAN, GONZALO PAZ, SERGIO AGUILAR, JULIO JO, Francisco Laguna, Robert Moore, William Santos and others met with MIGUEL RODRIGUEZ-OREJUELA and provided MIGUEL RODRIGUEZ-OREJUELA with information about the government's investigation into the RODRIGUEZ-OREJUELA narcotics organization.
274. On or about May 5, 1992, MIGUEL RODRIGUEZ-OREJUELA directed Robert Moore to warn Harold Ackerman that if he attempted to cooperate with the government he and his family would be killed.
275. On or about May 5, 1992, MIGUEL RODRIGUEZ-OREJUELA directed Robert Moore to explain to Harold Ackerman that RODRIGUEZ-OREJUELA would pay Ackerman s and any other organization member's attorney's fees in exchange for Ackerman's silence.
276. On or about May 6, 1992, WILLIAM MORAN met William Santos in Cali, Colombia, and agreed to seek the retrieval of items evidencing Santos' money laundering activities for MIGUEL RODRIGUEZ-OREJUELA from Santos' Miami, Florida, warehouse.
277. On or about May 7, 1992, WILLIAM MORAN received $100,000.00 in cash from MIGUEL RODRIGUEZ-OREJUELA.
278. On or about May 7, 1992, WILLIAM MORAN and Robert Moore returned to Miami, Florida from Cali, Colombia.
279. In or about May 1992, WILLIAM MORAN delivered $6,000.00 to Pedro Pablo Gomez' attorney and told the attorney that the cash was a subsistence payment to the mother of Pedro Pablo Gomez from SERGIO AGUILAR.
280. On or about May 9, 1992, at the direction of MIGUEL RODRIGUEZ-OREJUELA, Robert Moore told Harold Ackerman that if he cooperated, he and his entire family would be killed.
281. On or about May 9, 1992, Robert Moore informed Harold Ackerman's wife of MIGUEL RODRIGUEZ-OREJUELA's offer of subsistence payments.
282. On or about May 14, 1992, Joel Rosenthal received a check in the amount of $75,000.00 in Cali, Colombia, from MIGUEL RODRIGUEZ-OREJUELA.
283. On or about May 15, 1992, SERGIO AGUILAR, Robert Moore and others had a discussion with MIGUEL RODRIGUEZ-OREJUELA.
284. On or about May 17, 1992, Robert Moore received $25,000.00 from MIGUEL RODRIGUEZ-OREJUELA.
285. In or about May 1992, Robert Moore received bank checks from MIGUEL RODRIGUEZ-OREJUELA, constituting a portion of his fees for representing Harold Ackerman.
286. In early June 1992, WILLIAM MORAN, at the direction of MIGUEL RODRIGUEZ-OREJUELA, prepared an affidavit falsely exculpating MIGUEL RODRIGUEZ-OREJUELA, to be presented to Gustavo Naranjo for signature.
287. On or about June 15, 1992, MIGUEL RODRIGUEZ-OREJUELA ordered Raul Marti to study government wiretap affidavits from the Ackerman case to ensure that the Enterprise was insulated from future law enforcement detection.
288. In or about July, 1992, WILLIAM MORAN advised George Lopez that Lopez had been captured in incriminating wiretap conversations with Harold Ackerman.
289. On or about July 7, 199?, MIGUEL RODRIGUEZ-OREJUELA directed Francisco Laguna to prepare affidavits falsely exculpating MIGUEL RODRIGUEZ-OREJUELA and to be executed by Ackerman and his co-defendants.
290. On or about July 7, 1992, MIGUEL RODRIGUEZ -OREJUELA directed WILLIAM MORAN to redraft an affidavit he prepared for Gustavo Naranjo's signature in which Naranjo admitted to knowing but not conspiring with MIGUEL RODRIGUEZ-OREJUELA to reflect that Naranjo neither knew nor conspired with MIGUEL RODRIGUEZ- OREJUELA.
291. On or about July 7, 1992, WILLIAM MORAN received $50,000.00 in cash from MIGUEL RODRIGUEZ-OREJUELA.
292. On or about July 7, 1992, Robert Moore and WILLIAM MORAN returned to Miami, Florida, from Cali, Colombia.
293. In or about July 1992, Robert Moore visited Harold Ackerman at the Metropolitan Correctional Center, Miami, and told Ackerman that he would be presented with a false affidavit that would be used in Colombia to falsely exculpate MIGUEL RODRIGUEZ-OREJUELA.
294. In or about July 1992, MIGUEL RODRIGUEZ-OREJUELA told Isern that his, MIGUEL RODRIGUEZ-OREJUELA's, attorneys from Miami had advised him that Isern was one of a number of additional members of his Enterprise whom the government would indict, and that Isern should not return to the United States.
295. In or about September 1992, MICHAEL ABBELL and Francisco Laguna visited Harold Ackerman at the Federal Correctional Center at Tallahassee, Florida, and discussed Ackerman's execution of an affidavit falsely exculpating MIGUEL RODRIGUEZ-OREJUELA.
296. In or about September 1992, WILLIAM MORAN instructed William Santos to leave South Florida and return to Cali, Colombia because MORAN believed that Santos would be indicted by a grand jury sitting in the Southern District of Florida.
297. In or about early October 1992, WILLIAM MORAN prepared two affidavits falsely exculpating MIGUEL RODRIGUEZ-OREJUELA for Gustavo Naranjo s signature.
298. In or about October 1992, MICHAEL ABBELL reviewed and approved a draft affidavit prepared by Francisco Laguna falsely exculpating MIGUEL RODRIGUEZ-OREJUELA.
299. On or about November 13, 1992, MICHAEL ABBELL directed Francisco Laguna to mail a draft of an affidavit falsely exculpating MIGUEL RODRIGUEZ-OREJUELA to Juan Jose Guel's attorney.
300. On or about November 23, 1992, MICHAEL ABBELL in Washington, D.C. spoke to one of Harold Ackerman's attorneys in Miami, Florida, and offered to arrange for MIGUEL RODRIGUEZ- OREJUELA's payment of attorney s fees in exchange for the attorney's assistance in getting Harold Ackerman to execute an affidavit falsely exculpating MIGUEL RODRIGUEZ-OREJUELA.
301. On or about November 23, 1992, MICHAEL ABBELL caused the affidavit falsely exculpating MIGUEL RODRIGUEZ-OREJUELA to be faxed to one of Ackerman's attorneys.
302. On or about November 23, 1992, Francisco Laguna faxed a copy of the affidavit falsely exculpating MIGUEL RODRIGUEZ- OREJUELA to Robert Moore.
303. In or about December 1992, MICHAEL ABBELL directed Francisco Laguna to present Harold Ackerman with the affidavit falsely exculpating MIGUEL RODRIGUEZ-OREJUELA.
304. In or about December 1992, Francisco Laguna met with Harold Ackerman, and obtained Ackerman s signature on the affidavit falsely exculpating MIGUEL RODRIGUEZ-OREJUELA.
305. On or about December 18, 1992, MICHAEL ABBELL directed Francisco Laguna to mail an affidavit falsely exculpating MIGUEL RODRIGUEZ-OREJUELA to Juan Jose Guel's attorney, with instructions to present the affidavit to Guel.
306. In or about January 1993, Harold Ackerman signed an affidavit falsely exculpating MIGUEL RODRIGUEZ-OREJUELA that Francisco Laguna had given him pursuant to directions from MICHAEL ABBELL and MIGUEL RODRIGUEZ-OREJUELA.
307. In or about January 1993, at the direction of MIGUEL RODRIGUEZ-OREJUELA and MICHAEL ABBELL, Francisco Laguna prepared an affidavit falsely exculpating MIGUEL RODRIGUEZ-OREJUELA for Pedro Pablo Gomez's signature.
308. In or about January 1993, Francisco Laguna presented the affidavit falsely exculpating MIGUEL RODRIGUEZ-OREJUELA to Pedro Pablo Gomez's attorney.
309. In or about January 1993, DONALD FERGUSON and Francisco Laguna presented Juan Jose Guel with an affidavit falsely exculpating MIGUEL RODRIGUEZ-OREJUELA.
310. In or about January 1993, DONALD FERGUSON notarized the signature of Juan Jose Guel on an affidavit falsely exculpating MIGUEL RODRIGUEZ-OREJUELA.
311. In or about January 1993, Francisco Laguna presented an affidavit falsely exculpating MIGUEL RODRIGUEZ-OREJUELA to Carlos Giron for signature.
312. In or about April 1993, HARVEY DAVID VARELA constructed a vault in the detached garage of Rodney Patteson's Homestead, Florida residence.
313. In or about late April, 1993, WILLIAM MORAN told CARLOS TORRES's wife that MIGUEL RODRIGUEZ-OREJUELA had designated MORAN to represent her husband, and that no other attorney would be permitted to represent TORRES.
314. On or about May 6, 1993, WILLIAM MORAN traveled from Miami, Florida to Cali, Colombia.
315. On or about May 8, 1993, WILLIAM MORAN received $105,300.00 from MIGUEL RODRIGUEZ-OREJUELA.
316. On or about May 8, 1993, WILLIAM MORAN returned to Miami, Florida from Cali, Colombia.
317. On or about May 9, 1993, WILLIAM MORAN visited CARLOS TORRES at the Metropolitan Correctional Center, Miami.
318. On or about May 10, 1993, WILLIAM MORAN caused $10,000.00 to be delivered to the wife of CARLOS TORRES.
319. On or about May 14, 1993, WILLIAM MORAN received $59,992.00 via wire transfer from MIGUEL RODRIGUEZ-OREJUELA.
320. On or about June 1, 1993, JULIO JO and GEORGE MORALES imported approximately 3,500 kilograms of cocaine into Miami, Florida, from Panama.
321. In or about June 1993, WILLIAM MORAN caused the delivery of $15,000.00 from MIGUEL RODRIGUEZ-OREJUELA to an attorney representing Javier Perez Velazco.
322. In or about Jolly 1993, RICHARD DOBAL purchased and registered several trucks for MIGUEL RODRIGUEZ-OREJUELA and Raul Marti in aliases with false addresses.
323. On or about July 6, 1993, JULIO JO and GEORGE MORALES imported approximately 3,000 kilograms of cocaine into Miami, Florida, from Panama.
324. On or about July 22, 1993, Joel Rosenthal requested money from MIGUEL RODRIGUEZ-OREJUELA for Texas attorneys in the Naranjo case.
325. In or about late July, 1993, URIEL CONTRERAS supervised the distribution of approximately 3,000 kilograms of cocaine imported on July 6, 1993.
326. On or about August 10, 1993, JULIO JO and GEORGE MORALES imported approximately 5,600 kilograms of cocaine into Miami, Florida, from Panama.
327. In or about late August, 1993, Francisco Laguna and DONALD FERGUSON presented Harold Ackerman with an affidavit falsely exculpating MIGUEL RODRIGUEZ-OREJUELA.
328. In or about late August, 1993, DONALD FERGUSON notarized Harold Ackerman's signature on an affidavit falsely exculpating MIGUEL RODRIGUEZ-OREJUELA.
329. Between on or about August 28, 1993 and on or about August 30, 1993, Raul Marti briefed GILBERTO RODRIGUEZ-OREJUELA and MIGUEL RODRIGUEZ-OREJUELA on the status of the importation of approximately 5,600 kilograms of cocaine into Miami, Florida, on August 10, 1993.
330. In or about early September 1993, DONALD FERGUSON and Raul Marti's attorney agreed to attend a meeting in Boca Raton, Florida.
331. In or about early September 1993, DONALD FERGUSON and Francisco Laguna met with Raul Marti's attorney and questioned Marti's attorney about the evidence against Marti.
332. On or about September 8, 1993, MIGUEL RODRIGUEZ- OREJUELA caused OLVAIRO CORREA to deliver $83,005.00 to Raul Marti s attorney.
333. In or about October 1993, Raul Marti's wife told Francisco Laguna the date of the appeal of Raul Marti's pretrial detention hearing.
334. On or about October 5, 1993, DONALD FERGUSON spoke to Raul Marti's wife and arranged for her to meet a bail bondsman.
335. On or about October 8, 1993, MIGUEL RODRIGUEZ-OREJUELA caused $98,110.00 to be delivered to Raul Marti's attorney.
336. In or about late October 1993, Francisco Laguna spoke to MIGUEL RODRIGUEZ-OREJUELA and arranged for S75,000.00 to be provided for Raul Marti's bond, which was delivered by a courier to DONALD FERGUSON.
337. On or about October 27, 1993, DONALD FERGUSON spoke to Raul Marti's wife and arranged for the delivery of $75,000.00 to her.
338. In or about late October 1993, DONALD FERGUSON delivered $75,000.00 from MIGUEL RODRIGUEZ-OREJUELA to Raul Marti's wife.
339. In or about November 1993, at the direction of MIGUEL RODRIGUEZ-OREJUELA, WALTER SOTO met with OSCAR MALARHBE and others in Mexico to discuss the recent seizures of the Enterprise s cocaine from vessels near Matzalan and Acapulco, Mexico.
340. On or about November 12, 1993, MICHAEL ABBELL and Francisco Laguna traveled from Miami, Florida, to Cali, Colombia.
341. On or about November 15, 1993, MICHAEL ABBELL and Francisco Laguna returned to Miami, Florida, from Cali, Colombia.
342. In or about December 1993, at the direction of MIGUEL RODRIGUEZ-OREJUELA and MICHAEL ABBELL, Francisco Laguna spoke with Raul Marti about executing an affidavit falsely exculpating MIGUEL RODRIGUEZ-OREJUELA.
343. In or about December 1993, MIGUEL RODRIGUEZ-OREJUELA orchestrated the importation of approximately 14,000 kilograms of cocaine from Cali, Colombia, through Mexico into the United States.
344. On or about December 6, 1993, MICHAEL ABBELL traveled from Washington, D.C., to the Federal Correctional Institution at Three Rivers, Texas, and met with Juan Jose Guel.
345. On or about December 6, 1993, MICHAEL ABBELL presented an affidavit falsely exculpating MIGUEL RODRIGUEZ-OREJUELA to Juan Jose Guel for signature.
346. In or about December of 1993, MICHAEL ABBELL directed Francisco Laguna to call MIGUEL RODRIGUEZ-OREJUELA to request legal fees for Juan Jose Guel.
347. In or about December 1993, William Santos met with JOSE GONZALEZ-TORRES, JOSE LUIS PEREIRA-SALAS and others, and discussed an upcoming meeting with MIGUEL RODRIGUEZ-OREJUELA regarding the December 1993 importation of approximately 14,000 kilograms of cocaine into the United States.
348. In or about December 1993, GONZALEZ-TORRES and PEREIRA-SALAS met with MIGUEL RODRIGUEZ-OREJUELA and discussed the December 1993 importation of approximately 14,000 kilograms of cocaine and a second planned importation of cocaine from Cali, Colombia, through Mexico into the United States or about January 17, 1994, MIGUEL RODRIGUEZ-OREJUELA orchestrated the importation of approximately 14,000 kilograms of cocaine into the United States from Cali, Colombia through Mexico into the United States.
349. On or about January 17, 1994, MIGUEL RODRIGUEZ-OREJUELA orchestrated the importation of approximately 14,000 kilograms of cocaine into the United States from Cali, Colombia through Mexico.
350. On or about January 26, 1994, MIGUEL RODRIGUEZ- OREJUELA caused the delivery of $20,000.00 to Francisco Laguna.
351. On or about January 26, 1994, Francisco Laguna caused the $20,000.00 to be delivered to the attorney for Pedro Pablo Gomez.
352. On or about January 28, 1994, DONALD FERGUSON and Francisco Laguna delivered S8,300.00 from MIGUEL RODRIGUEZ- OREJUELA to the family of CARLOS TORRES following TORRES sentencing in United States District Court for the Southern District of Florida.
353. On or about January 28, 1994, with the knowledge and approval of MICHAEL ABBELL, DONALD FERGUSON and Francisco Laguna argued at a sentencing hearing for CARLOS TORRES, in a United States District Court in Miami, Florida, that TORRES' co- defendant Javier Perez-Velazco was a broker in a narcotics transaction with MIGUEL RODRIGUEZ-OREJUELA, and had participated in recorded conversations with an FBI informant and MIGUEL RODRIGUEZ-OREJUELA in this regard.
354. On or about March 3, 1994, at the direction of MIGUEL RODRIGUEZ-OREJUELA and MICHAEL ABBELL, Francisco Laguna caused the delivery of $57,000.00 to Raul Marti's attorney.
355. On or about March 10, 1994, at the direction of MIGUEL RODRIGUEZ-OREJUELA and MICHAEL ABBELL, Francisco Laguna met with Raul Marti's attorney.
356. On or about March 10, 1994, Francisco Laguna informed MICHAEL ABBELL and DONALD FERGUSON that Raul Marti's attorney had instructed Laguna not to contact his client about signing an affidavit falsely exculpating MIGUEL RODRIGUEZ-OREJUELA.
357. On or about March 22, 1994, URIEL CONTRERAS abandoned a vehicle containing $499,000.00 in United States currency.
358. In or about March 1994, but prior to March 28, 1994, Francisco Laguna telephoned MIGUEL RODRIGUEZ-OREJUELA in Cali, Colombia.
359. In or about March 1994, but prior to March 28, 1994, Francisco Laguna telephoned DONALD FERGUSON in Boca Raton, Florida.
360. On or about March 25, 1994, at the direction of MIGUEL RODRIGUEZ-OREJUELA, DONALD FERGUSON visited Pedro Isern, questioning Isern about whether he had talked and warning Isern not to speak with various government agents.
361. On or about March 28, 1994, DONALD FERGUSON met with Pedro Isern and told Isern that MIGUEL RODRIGUEZ-OREJUELA had sent him.
362. On or about March 28, 1994, DONALD FERGUSON told Pedro Isern that Francisco Laguna would visit Isern, that FERGUSON and Laguna worked closely together, and that FERGUSON would represent Isern.
363. On or about March 28, 1994, Pedro Isern told DONALD FERGUSON that he wanted to cooperate with the government on a limited basis on matters that did not involve MIGUEL RODRIGUEZ- OREJUELA.
364. On or about March 28, 1994, DONALD FERGUSON told Isern that even limited cooperation with the government would be unacceptable to MIGUEL RODRIGUEZ-OREJUELA.
365. On or about March 28, 1994, DONALD FERGUSON told Pedro Isern that Francisco Laguna would assure MIGUEL RODRIGUEZ- OREJUELA that Isern was not cooperating with the government.
366. On or about March 28, 1994, DONALD FERGUSON told Pedro Isern that Raul Marti was probably going to cooperate with the government.
367. On or about March 31, 1994, DONALD
FERGUSON advised Pedro Isern against cooperating with the government because cooperation would send the "wrong message" to MIGUEL RODRIGUEZ-OREJUELA.
368. On or about March 31, 1994, DONALD FERGUSON told Pedro Isern that he, MICHAEL ABBELL and Francisco Laguna represented the interests of MIGUEL RODRIGUEZ-OREJUELA.
369. On or about April 2, 1994, DONALD FERGUSON and Francisco Laguna told Pedro Isern that the RODRIGUEZ-OREJUELA Enterprise would not pay the legal fees for any attorney who had not worked for the Enterprise in the past and that the attorney Isern had selected was unacceptable.
370. On or about April 5, 1994, at the direction of MIGUEL RODRIGUEZ-OREJUELA and with MICHAEL ABBELL's knowledge, Francisco Laguna and DONALD FERGUSON visited Raul Marti at the Metropolitan Correctional Center, Miami.
371. On or about April 5, 1994, Francisco Laguna, in the presence of DONALD FERGUSON, told Raul Marti that MIGUEL RODRIGUEZ-OREJUELA was worried about Marti.
372. On or about April 5, 1994, DONALD FERGUSON and Francisco Laguna questioned Raul Marti about whether he had cooperated with the government against the Enterprise.
373. On or about April 8, 1994, MICHAEL ABBELL and Francisco Laguna received $16,000.00 from MIGUEL RODRIGUEZ- OREJUELA.
374. On or about April 9, 1994, Francisco Laguna told Raul Marti's wife that if Raul Marti executed an affidavit falsely exculpating MIGUEL RODRIGUEZ-OREJUELA and that fact was discovered by law enforcement, Raul Marti would be subject to obstruction of justice charges.
375. On or about April 9, 1994, Francisco Laguna told Raul Marti's wife that affidavits were being collected to prevent or contest the prosecution of MIGUEL RODRIGUEZ-OREJUELA in Colombia.
376. On or about April 9, 1994, Francisco Laguna told Raul Marti's wife that he had delivered subsistence and expense payments to the mother of Pedro Pablo Gomez and the wife of Carlos Giron on behalf of MIGUEL RODRIGUEZ-OREJUELA.
377. On or about April 9, 1994, Francisco Laguna told Raul Marti's wife that an affidavit falsely exculpating MIGUEL RODRIGUEZ-OREJUELA had been submitted to the attorney for her husband's co-defendant Oscar Rabasa.
378. On or about April 10, 1994, MICHAEL ABBELL and Francisco Laguna received $40,000.00 from MIGUEL RODRIGUEZ- OREJUELA.
379. In or about April 1994, Francisco Laguna delivered $24,100.00 from MIGUEL RODRIGUEZ-OREJUELA to the stepson of CARLOS TORRES.
380. On or about April 11, 1994, MIGUEL RODRIGUEZ-OREJUELA caused $25,000.00 to be wire transferred to the attorney for Pedro Pablo Gomez.
381. On or about April 12, 1994, MIGUEL RODRIGUEZ-OREJUELA caused the wire transfer of $100,000.00 to the account of Raul Marti's attorney.
382. On or about July 1, 1994, at the direction of MIGUEL RODRIGUEZ-OREJUELA, ROBERTO ASCUNTAR met URIEL CONTRERAS in Miami, Florida, and paid CONTRERAS his monthly salary.
383. On or about July 9, 1994, WILLIAM MORAN visited George Lopez at the Metropolitan Correctional Center, Miami, Florida, and asked Lopez if he had spoken with any government agents.
384. On or about July 11, 1994, WILLIAM MORAN traveled to Call, Colombia, from Miami, Florida.
385. On or about July 15, 1994, WILLIAM MORAN returned to Miami, Florida, from Cali, Colombia.
386. On or about July 23, 1994, MIGUEL RODRIGUEZ-OREJUELA directed OLVAIRO CORREA to deliver $10,000.00 to JOSE SANTACRUZ- LONDONO's daughter at the Doral Saturnia Spa Hotel, Miami, Florida.
387. In or about late July 1994 or early August 1994, MICHAEL ABBELL caused the deletion of portions of files pertaining to MIGUEL RODRIGUEZ-OREJUELA from the computers in the Washington, D.C., office of Ristau and Abbell.
388. On or about August 4, 1994, MICHAEL ABBELL and Francisco Laguna traveled from Miami, Florida, to Cali, Colombia.
389. On or about August 4, 1994, MIGUEL RODRIGUEZ-OREJUELA caused $25,000.00 to be transferred to Pedro Pablo Gomez' attorney.
390. On or about August 7, 1994, MICHAEL ABBELL returned to Miami, Florida from Cali, Colombia.
391. On or about August 16, 1994, Francisco Laguna spoke to MIGUEL RODRIGUEZ-OREJUELA in Cali, Colombia, and told RODRIGUEZ- OREJUELA that he had acquired the affidavits from Ilbanober Ortiz and the wife of CARLOS TORRES co-defendant, Julio Cesar Vazquez.
392. On or about August 16, 1994, MIGUEL RODRIGUEZ-OREJUELA told Francisco Laguna that he needed sworn depositions from CARLOS TORRES and TORRES' co-defendant Javier Perez Velazco.
393. On or about August 16, 1994, Francisco Laguna told MIGUEL RODRIGUEZ-OREJUELA that he had contacted Raul Marti's attorneys and was waiting to hear from them.
394. On or about August 16, 1994, MIGUEL RODRIGUEZ-OREJUELA told Francisco Laguna that "the one" from Raul Marti was important.
395. On or about August 17, 1994, Francisco Laguna spoke to MIGUEL RODRIGUEZ-OREJUELA s secretary to confirm the money transfer for the attorney for the Venezuelan.
396. On or about August 17, 1994, Francisco Laguna told MIGUEL RODRIGUEZ-OREJUELA s secretary that CARLOS TORRES' wife needed money.
397. On or about August 18, 1994, Francisco Laguna telephoned MIGUEL RODRIGUEZ-OREJUELA s secretary and repeated that CARLOS TORRES' wife needed money.
398. On or about August 19, 1994, MIGUEL RODRIGUEZ-OREJUELA spoke to Francisco Laguna and confirmed that the money for the attorney for "the Venezuelan had been sent.
399. On or about August 22, 1994, MIGUEL RODRIGUEZ-OREJUELA caused $54,000.00 to be wire-transferred to the attorney for Pedro Pablo Gomez.
400. On or about August 24, 1994, MIGUEL RODRIGUEZ-OREJUELA and MICHAEL ABBELL directed Francisco Laguna to visit Jose Silva, a/k/a the Venezuelan, and Edgar Garcia-Montilla at the Metropolitan Correctional Center in New York, New York.
401. On or about August 24, 1994, Francisco Laguna told MIGUEL RODRIGUEZ-OREJUELA that he already had three sworn depositions, and would interview Pedro Pablo Gomez in the near future.
402. On or about August 29, 1994, Francisco Laguna spoke to MIGUEL RODRIGUEZ-OREJUELA about monies RODRIGUEZ-OREJUELA had sent to a number of different attorneys and the fact that Laguna was monitoring the situation.
403. On or about August 31, 1994, with the authorization of MICHAEL ABBELL, Francisco Laguna telephoned the attorney for Pedro Pablo Gomez and requested the attorney s permission to take a sworn deposition from his client.
404. In or about August 1994, Francisco Laguna, SERGIO AGUILAR and others made the last in a series of subsistence payments from MIGUEL RODRIGUEZ-OREJUELA to the mother of Pedro Pablo Gomez.
405. In or about August 1994, MIGUEL RODRIGUEZ-OREJUELA directed Francisco Laguna to deliver one of the last in a series of subsistence payments to the wife of Carlos Giron.
406. In or about August 31, 1994, MICHAEL ABBELL communicated with Juan Jose Guel's new appellate attorney and advised him that he intended to take the deposition of Guelconcerning MIGUEL RODRIGUEZ-OREJUELA.
407. On or about August 31, 1994, at the direction of MICHAEL ABBELL, Francisco Laguna sent a fax to Juan Jose Guel's attorney that detailed the deposition questions to be asked of Guel concerning MIGUEL RODRIGUEZ-OREJUELA.
408. In or about September 1994, MIGUEL RODRIGUEZ-OREJUELA and GILBERTO RODRIGUEZ-OREJUELA caused Francisco Laguna and LUIS ALFREDO GRAJALES and ALFREDO GRAJALES to deliver the last in a series of subsistence payments to the wife of Juan Jose Guel.
409. In or about September 1994, MIGUEL RODRIGUEZ-OREJUELA and GILBERTO RODRIGUEZ-OREJUELA caused Francisco Laguna and LUIS ALFREDO GRAJALES to deliver the last in a series of subsistence payments to the ex-wife of Juan Jose Guel.
410. During the first week of September 1994, Francisco Laguna shredded and caused the shredding of records pertaining to MIGUEL RODRIGUEZ-OREJUELA in the Miami office of RISTAU AND ABBELL, P.A..
411. On or about September 9, 1994, Francisco Laguna telephoned DONALD FERGUSON and discussed with FERGUSON searches of lawyers' offices conducted by law enforcement on that day.
412. On or about September 9, 1994, Francisco Laguna told DONALD FERGUSON that he was afraid diskettes containing documents relating to MIGUEL RODRIGUEZ-OREJUELA had been seized from his office and that those diskettes contained documents that he had shredded, in paper form, the previous week.
413. On or about September 10, 1994, Francisco Laguna told MIGUEL RODRIGUEZ-OREJUELA s secretary to stop using the telephone on which they were speaking and the current fax number "as of today" and to change the numbers.
414. On or about September 19, 1994, Francisco Laguna called a former official of the Government of Colombia and told the person that the searching agents did not seize two affidavits that had been in Laguna's office when the search warrant was executed.
415. On or about September 19, 1994, the former official of the Government of Colombia told Laguna to put the affidavits away.
416. On or about September 22, 1994, ROBERTO ASCUNTAR asked MIGUEL RODRIGUEZ-OREJUELA's secretary if RODRIGUEZ-OREJUELA was aware of what was going on with "the lawyers," including newspaper articles about the lawyers.
417. On or about March 15, 1995, JULIO JO used the alias of "Jaime Toledo."
All in violation of Title 18, United States Code, Sections 1962(d) and 1963.
COUNTS
1. Each and every allegation contained in sections A, C, D and F of Count I of this indictment is incorporated in this Count by reference as if fully set forth herein.
2. From on or about an unknown date, at least as early as 1983, and continuing thereafter, up to and including the date of this indictment, in the Southern District of Florida and elsewhere, the defendants,
MIGUEL RODRIGUEZ-OREJUELA,
GILBERTO RODRIGUEZ-OREJUELA,
JOSE SANTACRUZ-LONDONO,
HELMER HERRERA-BUITRAGO,
WILLIAM MORAN,
MICHAEL ABBELL,
GONZALO PAZ,
DONALD FERGUSON,
WALTER SOTO,
GERARDO SAN PEDRO,
HUGO PERERRA,
JOSE DAES,
GEORGE MORALES,
JULIO JO,
PABLO SOLORZANO,
AGUSTIN SALCEDO,
EMILIANO CHING,
LUIS URBINA,
SERGIO AGUILAR,
LUIS ALFREDO GRAJALES,
HARVEY DAVID VARELA,
JULIAN MURCILLO-POSADA,
JOHN DOE,
a/k/a "Nelson,"
JOHN DOE,
a/k/a "Rodrigo,"
and other persons, known and unknown to the Grand Jury, being persons employed by and associated with the Enterprise, as defined in section C of Count I of this indictment, which Enterprise was engaged in, and the activities of which affected, interstate and foreign commerce, did unlawfully, willfully and knowingly conduct and participate, directly and indirectly, in the conduct of the affairs of the Enterprise through a pattern of racketeering activity as set forth below.
(A) ACTS OF RACKETEERING
The pattern of racketeering activity, as defined in Title 18, United States Code, Sections 1961(1) and 1961(5), through which the defendants conducted and participated in the conduct of the affairs of the Enterprise, consisted of the following racketeering acts:
RACKETEERING ACT 1.
ACT OF RACKETEERING INVOLVING THE IMPORTATION AND DISTRIBUTION OF COCAINE IN LUMBER THROUGH VALENCIA IMPORT AND EXPORT.
From in or about March 1983, continuing to in or about November 1987, at Dade and Broward Counties, in the Southern District of Florida, and elsewhere, the defendants, MIGUEL RODRIGUEZ- OREJUELA, GILBERTO RODRIGUEZ-OREJUELA, JOSE SANTACRUZ-LONDONO, HELMER HERRERA-BUITRAGO, WALTER SOTO and other persons known and unknown to the Grand Jury, did knowingly and intentionally import into the United States from a place outside thereof, that is, Colombia, through Honduras, approximately 9,000 kilograms of a mixture and substance containing cocaine, a Schedule II narcotic controlled substance, in violation of Title 21, United States Code, Section 952(a) and Title 18, United States Code, Section 2.
RACKETEERING ACT 2.
ACT OF RACKETEERING INVOLVING THE ATTEMPTED IMPORTATION OF COCAINE IN LUMBER FROM CENTRO AMERICANA AGRICOLA.
From in or about November 1987, until in or about August 1988, at Dade and Broward Counties, in the Southern District of Florida, and elsewhere. the defendants, MIGUEL RODRIGUEZ- OREJUELA, GILBERTO RODRIGUEZ-OREJUELA, JOSE SANTACRUZ-LONDONO, HELMER HERRERA- BUITRAGO, WALTER SOTO and other persons known and unknown to the Grand Jury, did knowingly and intentionally attempt to import into the United States from a place outside the United States, that is, Colombia, through Honduras, approximately 982 kilograms of a mixture and substance containing cocaine, a Schedule II narcotic controlled substance, in violation of Title 21, United States Code, Section 963.
RACKETEERING ACT 3.
ACT OF RACKETEERING INVOLVING THE IMPORTATION OF COCAINE IN LUMBER THROUGH GULF EXOTIC WOOD IMPORTS IN TARPON SPRINGS, FLORIDA.
From in or about 1985, to on or about April 20, 1988, at Dade and Broward Counties, in the Southern District of Florida, and elsewhere, the defendants, MIGUEL RODRIGUEZ-OREJUELA, GILBERTO RODRIGUEZ-OREJUELA,JOSE SANTACRUZ-LONDONO, HELMER HERRERA- BUITRAGO and other persons known and unknown to the Grand Jury, did knowingly and intentionally import into the United States from a place outside thereof, that is, Colombia, through Brazil, approximately 4,300 kilograms of a mixture and substance containing cocaine, a Schedule II narcotic controlled substance, in violation of Title 21, United States Code, Section 952(a) and Title 18, United States Code, Section 2.
RACKETEERING ACT 4.
ACT OF RACKETEERING INVOLVING THE IMPORTATION OF COCAINE IN AIR BRAKE TANKS IN TRACTOR TRAILERS AND SILVERADO TRUCKS ENTERING THE UNITED STATES THROUGH TEXAS.
From in or about 1989, continuing to in or about the middle of 1991, at Dade and Broward Counties, in the Southern District of Florida, and elsewhere, the defendants, MIGUEL RODRIGUEZ- OREJUELA, GILBERTO RODRIGUEZ-OREJUELA, JOSE SANTACRUZ-LONDONO, HELMER HERRERA-BUITRAGO, WALTER SOTO and other persons known and unknown to the Grand Jury, did knowingly and intentionally import into the United States from a place outside thereof, that is, Colombia, through Guatemala and Mexico approximately 2,500 kilograms of a mixture and substance containing cocaine, a Schedule II narcotic controlled substance, in violation of Title 21, United States Code, Section 952(a) and Title 18, United States Code, Section 2.
RACKETEERING ACT 5.
ACT OF RACKETEERING INVOLVING THE IMPORTATION OF COCAINE IN FROZEN VEGETABLES THROUGH XELA.
From on or about December 23, 1986, continuing to in or about December 1987, at Dade and Broward Counties, in the Southern District of Florida, and elsewhere, the defendants, MIGUEL RODRIGUEZ-OREJUELA, GILBERTO RODRIGUEZ-OREJUELA, JOSE SANTACRUZ- LONDONO, HELMER HERRERA-BUITRAGO, GERARDO SAN PEDRO, HUGO PERERRA and other persons known and unknown to the Grand Jury, did knowingly and intentionally import into the United States from a place outside thereof, that is, Colombia, through Guatemala, approximately 3,000 kilograms of a mixture and substance containing cocaine, a Schedule II narcotic controlled substance, in violation of Title 21, United States Code, Section 952(a) and Title 18, United States Code, Section 2.
RACKETEERING ACT 6.
ACT OF RACKETEERING INVOLVING THE IMPORTATION OF COCAINE IN FROZEN VEGETABLE SHIPMENTS THROUGH NATIONAL FOOD DISTRIBUTORS AND VEGGY FRUIT.
From in or about 1988, continuing to in or about December 1989, at Dade and Broward Counties, in the Southern District of Florida, and elsewhere, the defendants, MIGUEL RODRIGUEZ- OREJUELA, GILBERTO RODRIGUEZ-OREJUELA, JOSE SANTACRUZ-LONDONO, HELMER HERRERA-BUITRAGO, GERARDO SAN PEDRO, HUGO PERERRA, JOSE DAES, GEORGE MORALES, LUIS ALFREDO GRAJALES and other persons known and unknown to the Grand Jury, did knowingly and intentionally import into the United States from a place outside thereof, that is, Colombia, through Guatemala, approximately 12,000 kilograms of a mixture and substance containing cocaine, a Schedule II narcotic controlled substance, in violation of Title 21, United States Code, Section 952(a) and Title 18, United States Code, Section 2.
RACKETEERING ACT 7.
ACT OF RACKETEERING INVOLVING THE OBSTRUCTION OF JUSTICE WAND MONEY LAUNDERING DURING THE TIME PERIOD OF THE IMPORTATION OF COCAINE IN FROZEN VEGETABLE SHIPMENTS THROUGH NATIONAL FOOD DISTRIBUTORS AND VEGGY FRUIT AND THEREAFTER.
The defendants listed below did commit the following acts, any one of which alone constitutes a violation of Racketeering Act Seven:
(a) From on or about June 14, 1990, and continuing to on or about September 18, 1990, at Dade and Broward Counties, in the Southern District of Florida, and elsewhere, MIGUEL RODRIGUEZ- OREJUELA, WILLIAM MORAN, GEORGE MORALES and other persons known and unknown to the Grand Jury, did corruptly, and by threats and force, and by threatening communication influence, obstruct, and impede and endeavor to influence, obstruct, and impede the due administration of justice and a proceeding pending in United States District Court for the Southern District of Florida, United States v. George Morales, case number 90-345-Cr-DAVIS; that is, at the direction of MIGUEL RODRIGUEZ-OREJUELA, WILLIAM MORAN, assisted George Morales to secure bond in order to flee the jurisdiction upon his release, in violation of Title 18, United States Code, Sections 1503 and 2.
(b) From on or about September 15, 1990, and continuing to in or about late September 1990, at Dade and Broward Counties, in the Southern District of Florida, and elsewhere, MIGUEL RODRIGUEZ-OREJUELA, WILLIAM MORAN, GEORGE MORALES and other persons known and unknown to the Grand Jury, did knowingly and corruptly, and by threats and force, and by threatening communication influence, obstruct, and impede and endeavor to influence, obstruct, and impede the due administration of justice and a pending proceeding in United States District Court for the Southern District of Florida, United States v. Eduardo Medina-Romero, case number 90-3401-Turnoff; that is, at the direction of MIGUEL RODRIGUEZ-OREJUELA, WILLIAM MORAN secured counsel for "Eduardo Nedina-Romero," knowing that "Medina- Romero" was an alias used by GEORGE MORALES, in violation of Title 18, United States Code, Sections 1503 and 2.
(c) On or about September 21, 1990, at Dade and Broward Counties, in the Southern District of Florida, and elsewhere, the defendants MIGUEL RODRIGUEZ-OREJUELA, WILLIAM MORAN, GEORGE MORALES and other persons known and unknown to the Grand Jury, did knowingly and willfully conduct a financial transaction affecting interstate and foreign commerce, that is, the transfer of $2,500.00 in United States currency, that involved the proceeds of a specified unlawful activity, that is, the receiving, concealing, buying, selling and otherwise dealing in narcotic and dangerous drugs punishable under the laws of the United States, with the intent to promote the carrying on of the specified unlawful activity and knowing that the transaction was designed in whole and in part to conceal and disguise the nature, the location, the source, the ownership, and the control of the proceeds of the specified unlawful activity, knowing that the property involved in such financial transaction, that is, funds, represented the proceeds of some form of unlawful activity, in violation of Title 18, United States Code, Sections 1956(a)(1)(A)(i), 1956(a)(1)(B)(i) and 2.
RACKETEERING ACT 8.
ACT OF RACKETEERING INVOLVING THE KILLING OF AN INFORMANT AND THE USE OF INTERSTATE COMMERCE FACILITIES IN THE COMMISSION OF MURDER FOR HIRE DURING THE TIME PERIOD OF THE IMPORTATION OF COCAINE IN FROZEN VEGETABLE SHIPMENTS THROUGH NATIONAL FOOD DISTRIBUTORS AND VEGGY FRUIT AND THEREAFTER.
The defendants listed below did commit the following acts, any one of which alone constitutes a violation of Racketeering Act Eight:
(a) From in or about July 1990, to on or about October 14, 1990, at Dade County, in the Southern District of Florida, and elsewhere, the defendants, MIGUEL RODRIGUEZ-OREJUELA, GEORGE MORALES and other persons known and unknown to the Grand Jury, did knowingly and willfully travel and cause another to travel in interstate and foreign commerce, and did use and cause another to use any facility in interstate and foreign commerce, with the intent that Rafael Lombrano be murdered, in violation of Florida Statute 782.04, as consideration for the receipt of, and as consideration for a promise and agreement to pay anything of pecuniary value, in violation of Title 18, United States Code, Sections 1958 and 2.
(b) From in or about July 1990, to on or about October 14, 1990, at Dade County, in the Southern District of Florida, and elsewhere, the defendants, MIGUEL RODRIGUEZ-OREJUELA, GEORGE MORALES and other persons known and unknown to the Grand Jury, did knowingly and willfully kill Rafael Lombrano, a witness and informant for the United States Department of Justice Drug Enforcement Administration to prevent the attendance and testimony of Lombrano in the case of United States v. George Morales, case number 90-345-Cr-DAVIS; thereby preventing the communication by a person, that is, Rafael Lombrano, to a law enforcement officer and judge of the United States of information relating to the commission and possible commission of a Federal offense, in violation of Title 18, United States Code, Sections 1512 and 2.
(c) From in or about July 1990, to on or about October 14, 1990, at Dade County, in the Southern District of Florida, and elsewhere, the defendants MIGUEL RODRIGUEZ-OREJUELA, GEORGE MORALES and other persons known and unknown to the Grand Jury, did knowingly and willfully engage in conduct and thereby cause bodily injury to another person, that is, Rafael Lombrano, with the intent to retaliate against Rafael Lombrano for any information relating to the commission and possible commission of a Federal offense given by Rafael Lombrano to a law enforcement officer, that is, special agents of the United States Department of Justice Drug Enforcement Administration, in violation of Title 18, United States Code, Sections 1513 and 2.
RACKETEERING ACT 9.
ACT OF RACKETEERING INVOLVING THE IMPORTATION OF COCAINE IN CEMENT THROUGH TRANCA.
From in or about July 1990, continuing to on or about August 23, 1991, at Dade and Broward Counties, in the Southern District of Florida, and elsewhere, the defendants, MIGUEL RODRIGUEZ- OREJUELA, GILBERTO RODRIGUEZ-OREJUELA, JOSE SANTACRUZ-LONDONO, HELMER HERRERA-BUITRAGO, WALTER SOTO, JULIO JO, LUIS ALFREDO GRAJALES, LEONARDO GONZALEZ, HARVEY DAVID VARELA, GUILLERMO PALAMARI-GONZALEZ, JULIAN MURCILLO-POSADA and other persons known and unknown to the Grand Jury, did knowingly and intentionally import into the United States from a place outside the United States, that is, Colombia, through Venezuela, approximately 50,000 kilograms of a mixture and substance containing cocaine, a Schedule II narcotic controlled substance, in violation of Title 21, United States Code, Section 952(a) and Title 18, United States Code, Section 2.
RACKETEERING ACTS 10 THRU 12.
ACTS OF RACKETEERING INVOLVING
OBSTRUCTION OF JUSTICE AND OBSTRUCTION OF A CRIMINAL INVESTIGATION DURING THE TIME PERIOD OF THE IMPORTATION OF COCAINE IN CEMENT THROUGH TRANCA AND THEREAFTER.
RACKETEERING ACT 10.
The defendants listed below did commit the following acts, either one of which alone constitutes a violation of Racketeering Act Ten: (a) On or about November 22, 1991, at Dade County, in the Southern District of Florida, and elsewhere, MIGUEL RODRIGUEZ-OREJUELA and other persons known and unknown to the Grand Jury, did knowingly and corruptly, and by threats and force, and by threatening communication influence, obstruct, and impede and endeavored to influence, obstruct, and impede the due administration of justice, that is: MIGUEL RODRIGUEZ-OREJUELA caused a threat to be relayed by Joel Rosenthal to Gustavo Naranjo that caused Naranjo to stop providing information to the United States government, thereby endeavoring to, and influencing, obstructing and impeding the investigation of violations and possible violations of United States law, in violation of Title 18, United States Code, Sections 1503 and 2.
(b) On or about November 22, 1991, at Dade County, in the Southern District of Florida, and elsewhere, MIGUEL RODRIGUEZ- OREJUELA and other persons known and unknown to the Grand Jury, did knowingly and willfully endeavor by means of bribery to obstruct, delay, and prevent the communication of information relating to a violation of any criminal statute of the United States by any person to a criminal investigator, that is: at the direction of MIGUEL RODRIGUEZ-OREJUELA, Joel Rosenthal relayed a promise to pay Gustavo Naranjo's legal fees in exchange for Naranjo's agreement not to provide information to individuals authorized by the United States government to conduct and engage in investigations and prosecutions for violations of criminal laws of the United States, in violation of Title 18, United States Code, Sections 1510 and 2 impeding and obstructing the investigation of violations and possible violations of United States law, in violation of Title 18, United States Code, Sections 1503 and 2.
RACKETEERING ACT 11.
In or about December 1991, at Smith County, in the Eastern District of Texas, and elsewhere, MIGUEL RODRIGUEZ-OREJUELA and other persons known and unknown to the Grand Jury, did knowingly and corruptly, and by threats and force, and by threatening communication influence, obstruct, and impede and endeavored to influence, obstruct, and impede the due administration of justice, that is: at the direction of MIGUEL RODRIGUEZ-OREJUELA, GONZALO PAZ threatened Gustavo Naranjo by reminding Naranjo of the consequences of his cooperation with the United States government, thereby endeavoring to and influencing, impeding and obstructing the investigation of violations and possible violations of United States law, in violation of Title 18, United States Code, Sections 1503 and 2.
RACKETEERING ACT 12.
From in or about May 1992, to in or about October 1992, at Dade County, in the Southern District of Florida, and elsewhere, MIGUEL RODRIGUEZ-OREJUELA, WILLIAM MORAN and other persons known and unknown to the Grand Jury, did knowingly and corruptly and by threats and force, and by threatening communication influence, obstruct, and impede and endeavored to influence, obstruct, and impede the due administration of justice, that is: at the direction of MIGUEL RODRIGUEZ-OREJUELA, WILLIAM MORAN prepared affidavits falsely exculpating MIGUEL RODRIGUEZ-OREJUELA, and transmitted those affidavits to others to present to Gustavo Naranjo and Anibal Restrepo for signature, thereby influencing, impeding and obstructing the investigation of violations and possible violations of United States law, in violation of Title 18, United States Code, Sections 1503 and 2.
RACKETEERING ACTS 13 THRU 26.
ACTS OF RACKETEERING INVOLVING MONEY LAUNDERING DURING THE TIME PERIOD OF THE IMPORTATION OF COCAINE IN CEMENT THROUGH TRANCA AND THEREAFTER.
From in or about July 1990, continuing to in or about August 1993, at Dade and Broward Counties, in the Southern District of Florida, and elsewhere, on or about the dates as listed below, MIGUEL RODRIGUEZ-OREJUELA and other persons known and unknown to the Grand Jury, did knowingly and willfully conduct the following financial transactions, affecting interstate and foreign commerce which involved the proceeds of a specified unlawful activity, that is, the receiving, concealing, buying, selling and otherwise dealing in narcotic and dangerous drugs punishable under the laws of the United States, with the intent to promote the carrying on of the specified unlawful activity, and that while conducting such financial transactions, knowing that the property involved in the financial transactions represented the proceeds of some form of unlawful activity and knowing that the transaction was designed in whole and in part to conceal and disguise the nature, the location, the source, the ownership, and the control of the proceeds of the specified unlawful activity, in violation of Title 18, United States Code, Sections 1956(a)(1)(A)(i), 1956(a)(1)(B)(i) and 2:
RACKETEERING DEFENDANT ON OR ABOUT ACT
13 MIGUEL
RODRIGUEZ OREJUELA 12/9/91
14.
MIGUEL
RODRIGUEZ OREJUELA 12/9/91
15. MIGUEL
RODRIGUEZ OREJUELA 1/9/92
16. MIGUEL
RODRIGUEZ OREJUELA 1/9/92
17. MIGUEL
RODRIGUEZ OREJUELA 1/17/92
18. MIGUEL
RODRIGUEZ OREJUELA 1/17/92
19. MIGUEL
RODRIGUEZ OREJUELA 2/9/92
20. MIGUEL
RODRIGUEZ OREJUELA 2/27/92
21. MIGUEL
RODRIGUEZ OREJUELA 2/28//92
22. MIGUEL
RODRIGUEZ OREJUELA 5/22/92
23. MIGUEL
RODRIGUEZ OREJUELA 8/5/92
24. MIGUEL
RODRIGUEZ-OREJUELA 8/5/92
25. MIGUEL
RODRIGUEZ-OREJUELA 8/13/95
26. MIGUEL
RODRIGUEZ-OREJUELA 8/13/93
RACKETEERING FINANCIAL TRANSACTION AMOUNT ACT
13 TRANSFER OF $75,000 FUNDS
14. TRANSFER OF $25,000 FUNDS
15. TRANSFER OF $25,000 FUNDS
16. TRANSFER OF $25,000 FUNDS
17. TRANSFER OF $120,000 FUNDS
18. TRANSFER OF $75,000 FUNDS
19. TRANSFER OF $50,000 FUNDS
20. TRANSFER OF $57,000 FUNDS
21. TRANSFER OF $37,500 FUNDS
22. TRANSFER OF $62,500 FUNDS
23. TRANSFER OF $64,940 FUNDS
24. TRANSFER OF $46,875 FUNDS
25. TRANSFER OF $70,000 FUNDS
26. TRANSFER OF $51,875 FUNDS
RACKETEERING ACT 27.
ACT OF RACKETEERING INVOLVING THE IMPORTATION OF COCAINE IN FROZEN VEGETABLE SHIPMENTS THROUGH SOUTHEAST AGROTRADE.
From in or about October 1990, continuing to on or about April 23, 1992, at Dade and Broward Counties, in the Southern District of Florida, and elsewhere, the defendants, MIGUEL RODRIGUEZ- OREJUELA, GILBERTO RODRIGUEZ-OREJUELA, JOSE SANTACRUZ-LONDONO, HELMER HERRERA-BUITRAGO, WALTER SOTO, GERARDO SAN PEDRO, HUGO PERERRA, JOSE DAES, JULIO JO, PABLO SOLORZANO, AGUSTIN SALCEDO, EMILIANO CHING, LUIS URBINA, SERGIO AGUILAR, LUIS ALFREDO GRAJALES, LEONARDO GONZALEZ, HARVEY DAVID VARELA, GUILLERMO PALAMARI-GONZALEZ, JULIAN MURCILLO-POSADA and other persons known and unknown to the Grand Jury, did knowingly and intentionally import into the United States from a place outside thereof, that is, Colombia, through Panama and Guatemala, approximately 50,000 kilograms of a mixture and substance containing cocaine, a Schedule II narcotic controlled substance, in violation of Title 21, United States Code, Section 952(a) and Title 18, United States Code, Section 2.
RACKETEERING ACTS 28 THRU 43
ACTS OF RACKETEERING INVOLVING OBSTRUCTION OF JUSTICE. OBSTRUCTION OF A CRIMINAL INVESTIGATION AND MONEY LAUNDERING DURING THE TIME PERIOD OF THE IMPORTATION OF COCAINE IN FROZEN VEGETABLE SHIPMENTS THROUGH SOUTHEAST AGROTRADE AND THEREAFTER.
RACKETEERING ACT 28.
The defendants listed below did commit the following acts, any one of which alone constitutes a violation of Racketeering Act Twenty-Eight:
(a) From on or about April 30, 1992, to on or about May 9, 1992, at Dade County, in the Southern District of Florida, and elsewhere, MIGUEL RODRIGUEZ-OREJUELA, GONZALO PAZ and other persons known and unknown to the Grand Jury, did knowingly and corruptly, and by threats and force, and threatening communication influence, obstruct, and impede and endeavored to influence, obstruct, and impede the due administration of justice, that is: at the direction of MIGUEL RODRIGUEZ-OREJUELA, GONZALO PAZ threatened Harold Ackerman with death or bodily injury to him and his family as a consequence of Ackerman's planned cooperation with the United States government, thereby endeavoring to and influencing, obstructing and impeding the investigation of violations and possible violations of United States laws, in violation of Title 18, United States Code, Sections 1503 and 2.
(b) On or about May 9, 1992, at Dade County, in the Southern District of Florida, and elsewhere, MIGUEL RODRIGUEZ-OREJUELA and other persons known and unknown to the Grand Jury, did knowingly and willfully endeavor by means of bribery to obstruct, delay, and prevent the communication of information relating to a violation of any criminal statute of the United States by any person to a criminal investigator, that is: at the direction of MIGUEL RODRIGUEZ-OREJUELA, Robert Moore relayed a promise to pay Harold Ackerman's legal fees and $5,000.00 per month in subsistence payments to Ackerman's family in exchange for Ackerman's agreement not to provide information to individuals authorized by the United States government to conduct and engage in investigations and prosecutions for violations of criminal laws of the United States, in violation of Title 18, United States Code, Sections 1510 and 2.
(c) On or about May 9, 1992, at Dade County, in the Southern District of Florida, and elsewhere, MIGUEL RODRIGUEZ-OREJUELA and other persons known and unknown to the Grand Jury, did knowingly and corruptly, and by threats and force, and by threatening communication influence, obstruct, and impede and endeavored to influence, obstruct, and impede the due administration of justice, that is: at the direction of MIGUEL RODRIGUEZ-OREJUELA, Robert Moore relayed a threat of death or bodily injury to Harold Ackerman and his family as a consequence of Ackerman's planned cooperation with the United States government, thereby endeavoring to and influencing, obstructing and impeding the investigation of violations and possible violations of United States laws, in violation of Title 18, United States Code, Sections 1503 and 2.
RACKETEERING ACT 29.
From in or about May 1992 to in or about August 1994, at Dade County, in the Southern District of Florida, and elsewhere, MIGUEL RODRIGUEZ-OREJUELA, WILLIAM MORAN, SERGIO AGUILAR and other persons known and unknown to the Grand Jury, did knowingly and willfully conduct financial transactions affecting interstate and foreign commerce which involved the proceeds of a specified unlawful activity, that is, the receiving, concealing, buying, selling and otherwise dealing in narcotic and dangerous drugs punishable under the laws of the United States, with the intent to promote the carrying on of said specified unlawful activity, knowing that the property involved in such financial transactions, that is, funds, represented the proceeds of some form of unlawful activity, that is: MIGUEL RODRIGUEZ-OREJUELA caused subsistence payments to be delivered by and through WILLIAM MORAN, SERGIO AGUILAR and Francisco Laguna to the mother of Pedro Pablo Gomez in violation of Title 18, United States Code, Sections 1956(a) 1)(A)(i) and 2.
RACKETEERING ACT 30.
From in or about September 1992, to in or about September 1993, at Dade County, in the Southern District of Florida, and elsewhere, MIGUEL RODRIGUEZ-OREJUELA, MICHAEL ABBELL, DONALD FERGUSON and other persons known and unknown to the Grand Jury, did knowingly and corruptly, and by threats and force, and by threatening communication influence, obstruct, and impede and endeavored to influence, obstruct, and impede the due administration of justice, that is: at the direction of MIGUEL RODRIGUEZ-OREJUELA, MICHAEL ABBELL, DONALD FERGUSON, and Francisco Laguna prepared and presented affidavits falsely exculpating MIGUEL RODRIGUEZ-OREJUELA and prepared and transmitted those affidavits to others for presentation to Harold Ackerman for signature, thereby endeavoring to and influencing, obstructing and impeding the investigation of violations and possible violations of United States laws, in violation of Title 18, United States Code, Sections 1503 and 2.
RACKETEERING ACT 31.
From in or about September 1992, to in or about September 1993, at Dade County, in the Southern District of Florida, and elsewhere, MIGUEL RODRIGUEZ-OREJUELA, MICHAEL ABBELL, DONALD FERGUSON, and other persons known and unknown to the Grand Jury, did knowingly and corruptly, and by threats and force, and by threatening communication influence, obstruct, and impede and endeavored to influence, obstruct, and impede the due administration of justice, that is: at the direction of MIGUEL RODRIGUEZ-OREJUELA, MICHAEL ABBELL and Francisco Laguna prepared and presented affidavits falsely exculpating MIGUEL RODRIGUEZ- OREJUELA to Pedro Pablo Gomez for signature and DONALD FERGUSON did notarize the signature of Pedro Pablo Gomez on an affidavit falsely exculpating MIGUEL RODRIGUEZ-OREJUELA; thereby endeavoring to and influencing, obstructing and impeding the investigation of violations and possible violations of United States laws, in violation of Title 18, United States Code, Sections 1503 and 2.
RACKETEERING ACT 32.
From in or about September 1992, to in or about September 1993, at Dade County, in the Southern District of Florida, and elsewhere, MIGUEL RODRIGUEZ-OREJUELA, MICHAEL ABBELL, DONALD FERGUSON, and other persons known and unknown to the Grand Jury, did knowingly and corruptly, and by threats and force, and by threatening communication influence, obstruct, and impede and endeavored to influence, obstruct, and impede the due administration of justice, that is: at the direction of MIGUEL RODRIGUEZ-OREJUELA, MICHAEL ABBELL, DONALD FERGUSON and Francisco Laguna prepared and presented affidavits falsely exculpating MIGUEL RODRIGUEZ-OREJUELA to Carlos Giron for signature, thereby endeavoring to and influencing, obstructing and impeding the investigation of violations and possible violations of United States laws, in violation of Title 18, United States Code, Sections 1503 and 2.
RACKETEERING ACT 33.
From in or about September 1992 to in or about December 1993, at Dade County, in the Southern District of Florida, and elsewhere, MIGUEL RODRIGUEZ-OREJUELA, MICHAEL ABBELL, DONALD FERGUSON and other persons known and unknown to the Grand Jury, did knowingly and corruptly, and by threats and force, and by threatening communication influence, obstruct, and impede and endeavored to influence, obstruct, and impede the due administration of justice, that is: at the direction of MIGUEL RODRIGUEZ-OREJUELA, MICHAEL ABBELL, DONALD FERGUSON and Francisco Laguna prepared and presented affidavits falsely exculpating MIGUEL RODRIGUEZ-OREJUELA to Juan Jose Guel for signature, thereby endeavoring to and influencing, obstructing and impeding the investigation of violations and possible violations of United States laws, in violation of Title 18, United States Code, Section 1503 and 2.
RACKETEERING ACT 34
In or about May 1992, at Dade County, in the Southern District of Florida, and elsewhere, MIGUEL RODRIGUEZ-OREJUELA and other persons known and unknown to the Grand Jury, did knowingly and willfully conduct financial transactions affecting interstate and foreign commerce which involved the proceeds of a specified unlawful activity, that is, the receiving, concealing, buying, selling and otherwise dealing in narcotic and dangerous drugs punishable under the laws of the United States, with the intent to promote the carrying on of said specified unlawful activity, knowing that the property involved in such financial transactions, that is, funds, represented the proceeds of some form of unlawful activity, that is: MIGUEL RODRIGUEZ-OREJUELA caused subsistence payments to be delivered to Jacome Milanes, in violation of Title 18, United States Code, Section 1956 (a)(1)(A)(i) and 2.
RACKETEERING ACT 35.
From in or about May 1993, to in or about April 1994, at Dade County, in the Southern District of Florida, and elsewhere, MIGUEL RODRIGUEZ-OREJUELA, WILLIAM MORAN, MICHAEL ABBELL, DONALD FERGUSON and other persons known and unknown to the Grand Jury, did knowingly and intentionally conduct financial transactions affecting interstate and foreign commerce which involved the proceeds of a specified unlawful activity, that is, the receiving, concealing, buying, selling and otherwise dealing in narcotic and dangerous drugs punishable under the laws of the United States, with the intent to promote the carrying on of said specified unlawful activity, knowing that the property involved in such financial transactions, that is, funds, represented the proceeds of some form of unlawful activity, that is: at the direction of MIGUEL RODRIGUEZ-OREJUELA, WILLIAM MORAN, DONALD FERGUSON and Francisco Laguna delivered subsistence payments to the wife and stepson of CARLOS TORRES, in violation of Title 18, United States Code, Sections 1956(a)(1)(A)(i) and 2.
RACKETEERING ACT 36.
From in or about May 1992, to in or about June 1993, at Dade County, in the Southern District of Florida, and elsewhere, MIGUEL RODRIGUEZ-OREJUELA, SERGIO AGUILAR, MICHAEL ABBELL and other persons known and unknown to the Grand Jury, did knowingly and intentionally conduct financial transactions affecting interstate and foreign commerce which involved the proceeds of a specified unlawful activity, that is, the receiving, concealing, buying, selling and otherwise dealing in narcotic and dangerous drugs punishable under the laws of the United States, with the intent to promote the carrying on of said specified unlawful activity, knowing that the property involved in such financial transactions, that is, funds, represented the proceeds of some form of unlawful activity, that is: at the direction of MIGUEL RODRIGUEZ-OREJUELA, MICHAEL ABBELL, SERGIO AGUILAR and Francisco Laguna delivered and caused the delivery and wire transfer of $250,000.00 to attorneys for Pedro Pablo Gomez, in violation of Title 18, United States Code, Sections 1956(a)(1)(A)(i) and 2.
RACKETEERING ACT 37.
From in or about June 1993 to in or about May 1994, at Dade County, in the Southern District of Florida, and elsewhere, MIGUEL RODRIGUEZ-OREJUELA, MICHAEL ABBELL, DONALD FERGUSON and other persons known and unknown to the Grand Jury, did knowingly and corruptly, and by threats and force, and by threatening communication influence, obstruct, and impede and endeavored to influence, obstruct, and impede the due administration of justice, that is: at the direction of MIGUEL RODRIGUEZ-OREJUELA, MICHAEL ABBELL, DONALD FERGUSON and Francisco Laguna prepared and presented affidavits falsely exculpating MIGUEL RODRIGUEZ- OREJUELA to CARL0S TORRES for signature, thereby endeavoring to and influencing, obstructing and impeding the investigation of violations and possible violations of United States laws, in violation of Title 18, United States Code, Sections 1503 and 2.
RACKETEERING ACT 38.
From in or about March 1994, to in or about April 1994, at Dade County, in the Southern District of Florida, and elsewhere, MIGUEL RODRIGUEZ-OREJUELA, MICHAEL ABBELL, DONALD FERGUSON and other persons known and unknown to the Grand Jury, did knowingly and willfully endeavor by means of bribery to obstruct, delay, and prevent the communication of information relating to a violation of any criminal statute of the United States by any person to a criminal investigator, that is: at the direction of MIGUEL RODRIGUEZ-OREJUELA and MICHAEL ABBELL, DONALD FERGUSON and Francisco Laguna relayed a promise of the payment of legal fees to Pedro Isern in exchange for Isern's agreement not to provide information to individuals authorized by the United States Government to conduct and engage in investigations and prosecutions for violations of criminal laws of the United States, in violation of Title 18, United States Code, Sections 1510 and 2.
RACKETEERING ACT 39.
On or about June 15, 1994, at Dade County, in the Southern District of Florida, and elsewhere, MIGUEL RODRIGUEZ-OREJUELA, MICHAEL ABBELL, DONALD FERGUSON, Francisco Laguna and other persons known and unknown to the Grand Jury, did knowingly and corruptly, and by threats and force, and by threatening communication influence, obstruct, and impede and endeavored to influence, obstruct, and impede the due administration of justice, that is: at the direction of MIGUEL RODRIGUEZ-OREJUELA and MICHAEL ABBELL, DONALD FERGUSON and Francisco Laguna prepared proposed deposition questions to be asked of Julio Cesar Vazquez and Mara Vazquez, intending to solicit answers which MIGUEL RODRIGUEZ-OREJUELA, MICHAEL ABBELL, DONALD FERGUSON and Francisco Laguna knew would falsely exculpate MIGUEL RODRIGUEZ-OREJUELA, thereby endeavoring to and influencing, obstructing and impeding the investigation of violations and possible violations of United States laws in violation of Title 18, United States Code, Sections 1503 and 2.
RACKETEERING ACT 40.
From in or about May 1992, to in or about August 1994, at Dade County, in the Southern District of Florida, and elsewhere, MIGUEL RODRIGUEZ-OREJUELA, GILBERTO RODRIGUEZ-OREJUELA, MICHAEL ABBELL, LUIS ALFREDO GRAJALES and other persons known and unknown to the Grand Jury, did knowingly and willfully conduct financial transactions affecting interstate and foreign commerce which involved the proceeds of a specified unlawful activity, that is, the receiving concealing, buying, selling and otherwise dealing in narcotic and dangerous drugs punishable under the laws of the United States, with the intent to promote the carrying on of said specified unlawful activity, knowing that the property involved in such financial transactions, that is, funds, represented the proceeds of some form of unlawful activity, that is: MIGUEL RODRIGUEZ -OREJUELA and GILBERTO RODRIGUEZ -OREJUELA caused subsistence payments to be delivered by LUGS ALFREDO GRAJALES to the wife and ex-wife of Juan Jose Guel, in violation of Title 18, United States Code, Sections 1956(a)(1)(A)(i) and 2.
RACKETEERING ACT 41.
On or about August 31, 1994, at Dade County, in the Southern District of Florida, and elsewhere, MIGUEL RODRIGUEZ-OREJUELA, MICHAEL ABBELL and other persons known and unknown to the Grand Jury, did knowingly and corruptly, and by threats and force, and by threatening communication influence, obstruct, and impede and endeavored to influence, obstruct, and impede the due administration of justice, that is: at the direction of MIGUEL RODRIGUEZ-OREJUELA and MICHAEL ABBELL, Francisco Laguna telephoned the appellate attorney for Pedro Pablo Gomez to advise him that Francisco Laguna intended to take the deposition of Gomez, in order to solicit answers that MIGUEL RODRIGUEZ- OREJUELA, MICHAEL ABBELL and Francisco Laguna knew would falsely exculpate MIGUEL RODRIGUEZ-OREJUELA, thereby endeavoring to and influencing, obstructing and impeding the investigation of violations and possible violations of United States laws, in violation of Title 18, United States Code, Sections 1503 and 2.
RACKETEERING ACT 42.
From on or about August 31, 1994, until on or about September 2, 1994, at Dade County, in the Southern District of Florida, and elsewhere, MIGUEL RODRIGUEZ-OREJUELA, MICHAEL ABBELL and other persons known and unknown to the Grand Jury, did knowingly and corruptly, and by threats and force, and by threatening communication influence, obstruct, and impede and influence, obstruct, and impede the due administration that is: at the direction of MIGUEL RODRIGUEZ-OREJUELA, MICHAEL ABBELL, Francisco Laguna transmitted a facsimile to the appellate attorney for Juan Jose Guel to advise him that MICHAEL ABBELL and Francisco Laguna intended to take the deposition of Guel, intending to solicit answers that MIGUEL RODRIGUEZ-OREJUELA, MICHAEL ABBELL and Francisco Laguna knew would falsely exculpate MIGUEL RODRIGUEZ-OREJUELA, thereby endeavoring to and influencing, obstructing and impeding the investigation of violations and possible violations of United States laws, in violation of Title 18, United States Code, Sections 1503 and 2.
RACKETEERING ACT 43.
In or about September 1994, at Dade County, in the Southern District of Florida, and elsewhere, MIGUEL RODRIGUEZ-OREJUELA, MICHAEL ABBELL, DONALD FERGUSON and other persons known and unknown to the Grand Jury, did knowingly and corruptly, and by threats and force, and by threatening communication influence, obstruct, and impede and endeavored to influence, obstruct, and impede the due administration of justice, that is: at the direction of MIGUEL RODRIGUEZ-OREJUELA and MICHAEL ABBELL, DONALD FERGUSON and Francisco Laguna prepared proposed deposition questions for Francisco Laguna to ask of Harold Ackerman, intending to solicit answers that MIGUEL RODRIGUEZ- OREJUELA, MICHAEL ABBELL, DONALD FERGUSON and Francisco Laguna knew would falsely exculpate MIGUEL RODRIGUEZ-OREJUELA, thereby endeavoring to and influencing, obstructing and impeding the investigation of violations and possible violations of United States laws, in violation of Title 18, United States Code, Sections 1503 and 2.
RACKETEERING ACTS 44 THRU 51.
ACTS OF RACKETEERING INVOLVING THE TRANSPORTING OF UNITED STATES CURRENCY FROM THE UNITED STATES TO LOCATIONS OUTSIDE THE UNITED STATES DURING THE TIME PERIOD OF THE IMPORTATION OF COCAINE IN FROZEN VEGETABLE SHIPMENTS THROUGH SOUTHEAST AGROTRADE AND THEREAFTER.
From in or about October 1990, continuing to in or about 1993, at Dade and Broward Counties, in the Southern District of Florida, and elsewhere, the following defendants, and other persons known and unknown to the Grand Jury, on or about the dates as listed below, did knowingly and willfully conduct the following financial transactions affecting interstate and foreign commerce which involved the proceeds of a specified unlawful activity, that is, the receiving, concealing, buying, selling and otherwise dealing in narcotic and dangerous drugs punishable under the laws of the United States, that is, to knowingly and willfully transport, transmit and transfer and attempt to transport, transmit and transfer funds from a place in the United States to and through a place outside the United States intending to promote the carrying on of said specified unlawful activity, in violation of Title 18, United States Code, Sections 1956(a)(2)(A) and 2:
RACKETEERING ACT DEFENDANTS ON OR ABOUT
44. MIGUEL 5/91 RODRIGUEZ- OREJUELA JULIAN MURCILLO-POSADA JULIO JO JOHN DOE a/k/a "Rodrigo" JOHN DOE a/k/a "Nelson"
45. MIGUEL 12/6/91 RODRIGUEZ- OREJUELA JULIAN MURCILLO-POSADA JULIO JO JOHN DOE a/k/a "Rodrigo" JOHN DOE a/k/a "Nelson"
46. MIGUEL 12/23/91 RODRIGUEZ-OREJUELA JULIAN MURCILLO- POSADA JULIO JO JOHN DOE a/k/a "Rodrigo" JOHN DOE a/k/a "Nelson"
47. MIGUEL 1/14/92 RODRIGUEZ- OREJUELA JULIAN MURCILLO-POSADA JOHN DOE a/k/a "Rodrigo" JOHN DOE a/k/a "Nelson"
48. MIGUEL 1/30/92 RODRIGUEZ- OREJUELA JULIAN MURCILLO-POSADA JULIO JO JOHN DOE a/k/a "Rodrigo" JOHN DOE a/k/a "Nelson"
49. MIGUEL 2/12/92 RODRIGUEZ- OREJUELA JULIAN MURCILLO-POSADA JULIO JO JOHN DOE a/k/a "Rodrigo" JOHN DOE a/k/a "Nelson"
50. MIGUEL 3/9/92 RODRIGUEZ- OREJUELA JULIAN MURCILLO-POSADA JULIO JO JOHN DOE a/k/a "Rodrigo" JOHN DOE a/k/a "Nelson"
51. MIGUEL 3/26/92 RODRIGUEZ- OREJUELA RODRIGUEZ- OREJUELA LUIS ALFREDO GRAJALES JULIAN MURCILLO-POSADA JULIO JO JOHN DOE a/k/a "Rodrigo" JOHN DOE a/k/a "Nelson"
RACKETEERING FINANCIAL TRANSACTION AMOUNT ACT.
44. TRANSFER OF
FUNDS FROM THE
UNITED STATES TO
45. PHYSICAL $2,000,000 TRANSFER OF FUNDS FROM THE UNITED STATES TO LOCATIONS OUTSIDE THE UNITED STATES
46. TRANSFER $300,000,000 OF FUNDS FROM THE UNITED STATES TO LOCATIONS OUTSIDE THE UNITED STATES
47. PHYSICAL $3,000,000 TRANSFER OF FUNDS FROM THE UNITED STATES TO LOCATIONS OUTSIDE THE UNITED STATES
48. PHYSICAL $4,000,000 TRANSFER OF FUNDS FROM THE UNITED STATES TO LOCATIONS OUTSIDE THE UNITED STATES
49. PHYSICAL $8,005,000 TRANSFER OF FUNDS FROM THE UNITED STATES TO LOCATIONS OUTSIDE THE UNITED STATES
50. PHYSICAL $5,618,000 TRANSFER OF FUNDS FROM THE UNITED STATES TO LOCATIONS OUTSIDE THE UNITED STATES
51. PHYSICAL $300,000 TRANSFER OF FUNDS FROM THE UNITED STATES TO LOCATIONS OUTSIDE THE UNITED STATES
RACKETEERING ACT 52
ACT OF RACKETEERING INVOLVING TITLE 18, UNITED STATES CODE. SECTIONS 1956f(a)(1)(A)(i). 1956(a)(1)(B)(i) AND 1956(a)(1)(B)(ii) MONEY LAUNDERING DURING THE TIME PERIOD OF THE IMPORTATION OF COCAINE IN FROZEN VEGETABLE SHIPMENTS THROUGH SOUTHEAST AGROTRADE AND THEREAFTER.
The defendants listed below did commit the following acts, either of which constitutes a violation of Racketeering Act Fifty-Two:
(a) On or about April 29, 1992, at Dade County, in the Southern District of Florida, and elsewhere, MIGUEL RODRIGUEZ- OREJUELA, Robert Moore and other persons known and unknown to the Grand Jury, did knowingly and willfully conduct a financial transaction affecting interstate and foreign commerce which involved the proceeds of a specified unlawful activity, that is, the receiving, concealing, buying, selling and otherwise dealing in narcotic and dangerous drugs punishable under the law; go the United States. knowing that the property involved in such financial transactions, that is, funds, represented the proceeds of some form of unlawful activity, that is, the transfer of approximately $600,000.00 in United States currency, knowing that the transaction was designed in whole and in part to conceal and disguise the nature, the location, the source, the ownership, and the control of the proceeds of the specified unlawful activity, in violation of Title 18, United States Code, Sections 1956 (a) (1) (B)(i) and 2.
(b) From in or about May 1992, to on or about May 13, 1994, at Dade County, in the Southern District of Florida, and elsewhere, MIGUEL RODRIGUEZ-OREJUELA, Robert Moore and other persons known and unknown to the Grand Jury, did knowingly and willfully conduct financial transactions affecting interstate and foreign commerce which involved the proceeds of a specified unlawful activity, that is, the receiving, concealing, buying, selling and otherwise dealing in narcotic and dangerous drugs punishable under the laws of the United States, knowing that the property involved in such financial transactions, that is, funds, represented the proceeds of some form of unlawful activity, to wit, the transfer of approximately $500,000.00 in United States currency, knowing that the transaction was designed in whole and in part to conceal and disguise the nature, the location, the source, the ownership, and the control of the proceeds of the specified unlawful activity, in violation of Title 18, United States Code, Sections 1956(a)(1)(B)(i) and 2.
RACKETEERING ACT 53.
ACT OF RACKETEERING INVOLVING THE ATTEMPTED IMPORTATION OF COCAINE IN FROZEN VEGETABLES AND CERAMIC TILE THROUGH CELESTE INTERNATIONAL. COLON, PANAMA.
From on or April 20, 1992, through on or about July 15, 1992, at Dade and Broward Counties, in the Southern District of Florida, and elsewhere, MIGUEL RODRIGUEZ-OREJUELA, GILBERTO RODRIGUEZ- OREJUELA, JOSE SANTACRUZ-LONDONO, HELMER HERRERA-BUITRAGO, WALTER INTO, GERARDO SAN PEDRO, JULIO JO, PABLO SOLORZANO, AGUSTIN SALCEDO, EMILIANO CHING, LUGS URBINA, SERGIO AGUILAR, LUGS ALFREDO GRAJALES, GUILLERMO PALAMARI-GONZALEZ, JULIAN MURCILLO-POSADA and other persons known and unknown to the Grand Jury, did knowingly and intentionally attempt to import into the United States from a place outside thereof, that is, Colombia, through Panama, approximately 5,100 kilograms of a mixture and substance containing cocaine, a Schedule II narcotic controlled substance, in violation of Title 21, United States Code, Section 963.
RACKETEERING ACT 54.
ACT OF RACKETEERING INVOLVING THE IMPORTATION OF COCAINE IN COFFEE THROUGH TAINO COFFEE AND FOOD IMPORTERS.
From on or about June 1, 1993, continuing to on or about August 10, 1993, at Dade and Broward Counties, in the Southern District of Florida, and elsewhere, the defendants, MIGUEL RODRIGUEZ- OREJUELA, GILBERTO RODRIGUEZ-OREJUELA, JOSE SANTACRUZ-LONDONO, HELMER HERRERA-BUITRAGO, GEORGE MORALES, JULIO JO, LUIS ALFREDO GRAJALES, HARVEY DAVID VARELA, GUILLERMO PALAMARI-GONZALEZ, JULIAN MURCILLO-POSADA and other persons known and unknown to the Grand Jury, did knowingly and intentionally import into the United States from a place outside thereof approximately 12,100 kilograms of a mixture and substance containing cocaine, a Schedule II narcotics controlled substance, in violation of Title 21, United States Code, Section 952(a) and Title 18, United States Code, Section 2.
RACKETEERING ACTS 55 THRU 59.
ACTS OF RACKETEERING INVOLVING OBSTRUCTION OF JUSTICE AND OBSTRUCTION OF A CRIMINAL INVESTIGATION DURING THE TIME PERIOD OF THE IMPORTATION OF COCAINE IN COFFEE THROUGH TAINO COFFEE AND FOOD IMPORTERS AND THEREAFTER.
RACKETEERING ACT 55.
From in or about December 1993, to in or about March 4, 1994, at Dade County, in the Southern District of Florida, and elsewhere, MIGUEL RODRIGUEZ-OREJUELA, MICHAEL ABBELL and other persons known and unknown to the Grand Jury, did knowingly and corruptly, and by threats and force, and by threatening communication influence, obstruct, and impede and endeavored to influence, obstruct, and impede the due administration of justice, that is: at the direction of MIGUEL RODRIGUEZ-OREJUELA and MICHAEL ABBELL, Francisco Laguna prepared and presented affidavits falsely exculpating MIGUEL RODRIGUEZ-OREJUELA to the attorney for Raul Marti and to Raul Marti for signature, thereby endeavoring to and influencing, obstructing and impeding the investigation of violations and possible violations of United States laws, in violation of Title 18, United States Code, Sections 1503 and 2.
RACKETEERING ACT 56.
On or about June 15, 1994, at Dade County, in the Southern District of Florida, and elsewhere, MIGUEL RODRIGUEZ-OREJUELA, MICHAEL ABBELL, DONALD FERGUSON and other persons known and unknown to the Grand Jury, did knowingly and corruptly, and by threats and force, and by threatening communication influence, obstruct, and impede and endeavored to influence, obstruct, and impede the due administration of justice, that is: at the direction of MIGUEL RODRIGUEZ-OREJUELA and MICHAEL ABBELL, DONALD FERGUSON and Francisco Laguna prepared proposed deposition questions to be asked of Richard Carlyle, intending to solicit answers that MIGUEL RODRIGUEZ-OREJUELA, MICHAEL ABBELL, DONALD FERGUSON and Francisco Laguna knew would falsely exculpate MIGUEL RODRIGUEZ-OREJUELA, thereby endeavoring to and influencing, obstructing and impeding the investigation of violations and possible violations of United of the United States, with the intent to promote the carrying on of said specified unlawful activity, knowing that the property involved in such financial transactions, that is, funds, represented the proceeds of some form of unlawful activity, that is: at the direction of MIGUEL RODRIGUEZ-OREJUELA and MICHAEL ABBELL, Francisco Laguna delivered and transferred and caused the delivery and transfer of $350,000.00 to attorneys for Raul Marti, Oscar Rabasa, Richard Carlyle and Rodney Patteson, in violation of Title 18, United States Code, Sections 1956(a)(1)(A)(i) and 2.
RACKETEERING ACT 59.
ACT OF RACKETEERING INVOLVING TITLE 18, UNITED STATES CODE. SECTIONS 1956(a)(1)(A)(i)) AND 1956(a)(1)(B)(i) MONEY LAUNDERING DURING THE TIME PERIOD OF THE IMPORTATION OF COCAINE IN COFFEE THROUGH TAINO COFFEE AND FOOD IMPORTERS AND THEREAFTER.
In or about October 1993, at Dade County, in the Southern District of Florida, and elsewhere, MIGUEL RODRIGUEZ-OREJUELA, DONALD FERGUSON and other persons known and unknown to the Grand Jury, did knowingly and willfully conduct a financial transaction affecting interstate and foreign commerce, that is, the receipt by DONALD FERGUSON of $75,000.00 in United States currency from MIGUEL RODRIGUEZ-OREJUELA through Francisco Laguna, and the transfer of said amount to the wife of Raul Marti for the bond of Raul Marti, which involved the proceeds of a specified unlawful activity, that is, the receiving, concealing, buying, selling and otherwise dealing in narcotic and dangerous drugs punishable under the laws of the United States, with the intent to promote the carrying on of the specified unlawful activity and knowing that the transaction was designed in whole and in part to conceal and disguise the nature, the location, the source, the ownership, and the control of the proceeds of the specified unlawful activity, knowing that the property involved in such financial transactions, that is, funds, represented the proceeds of some form of unlawful activity, in violation of Title 18, United States Code, Sections 1956(a)(1)(A)(i), 1956(a)(1)(B)(i) and 2.
RACKETEERING ACT 60.
ACT OF RACKETEERING INVOLVING THE IMPORTATION OF COCAINE ACROSS THE TEXAS BORDER FROM MEXICO.
From in or about October 1993, continuing to in or about August 1994, at Dade and Broward Counties, in the Southern District of Florida, and elsewhere, the defendants, MIGUEL RODRIGUEZ- OREJUELA, GILBERTO RODRIGUEZ-OREJUELA, JOSE SANTACRUZ-LONDONO, HELMER HERRERA-BUITRAGO, WALTER ONTO, GUILLERMO PALAMARI- GONZALEZ, JULIAN MURCILLO-POSADA and other persons known and unknown to the Grand Jury, did knowingly and intentionally import into the United States from a place outside thereof, that is, Colombia, through Mexico, approximately 45,500 kilograms of a mixture and substance containing cocaine, a Schedule II narcotic controlled substance, in violation of Title 21, United States Code, Section 952(a) and Title 18, United States Code, Section 2.
All in violation of Title 18, United States Code, Sections 1962(c) and 1963.
COUNT III
From in or about 1983, and continuing to the date of this indictment, at Dade and Broward Counties, in the Southern District of Florida, and elsewhere, the defendants,
MIGUEL RODRIGUEZ-OREJUELA,
GILBERTO RODRIGUEZ-OREJUELA,
JOSE SANTACRUZ-LONDONO,
HELMER HERRERA-BUITRAGO,
WILLIAM MORAN,
MICHAEL ABBELL,
GONZALO PAZ,
DONALD FERGUSON,
WALTER S0TO,
ALFREDO LOPEZ-RODRIGUEZ,
LUIS PEREZ-MONTERDE,
VICTOR HUGO CASTRO,
RAMON MARTINEZ,
JULIO CESAR ROJAS-AYALA,
JOSE RAMIREZ-AYALA,
RODOLFO LORZA,
SANTIAGO PIEDRAHITA,
LUIS SANTACRUZ-ECHEVERRI,
GERARDO SAN PEDRO,
HUGO PERERRA,
JOSE DAES,
HERB ALBERTO ORTIZ,
GEORGE MORALES,
GUILLERMO LEON RESTREPO,
JULIO JO,
JORGE LOZANO,
ALBERTO MONDRAGON,
GERMAN ZAMORA,
PABLO SOLORZANO,
AGUSTIN SALCEDO,
EMILIANO CHING,
LUIS URBINA,
SERGIO AGUILAR,
RICHARD DOBAL,
VICTOR SARMIENTOS,
LUIS ALFREDO GRAJALES,
LEONARDO GONZALEZ,
EDDY MARTINEZ,
ARMANDO MOREJON,
SAMUEL MARA,
DANIEL NIETO-PATINO,
OSCAR RODOLFO NIETO,
CARLOS TORRES,
ALAIN MILANES,
URIEL CONTRERAS,
HARVEY DAVID VARELA,
0SCAR MALARHBE,
JOSE LUIS MEDRANO,
JOSE LUIS PEREIRA-SALAS,
JOSE GONZALEZ-TORRES,
GUILLERMO PALAMARI-GONZALEZ,
JULIAN MURCILLO-POSADA,
JOSE BETANCOURT,
JOHN DOE,
a/k/a "Nelson,"
JOHN DOE,
a/k/a "Rodrigo,"
ROBERTO ASCUNTAR,
OLVAIRO CORREA,
RODOLFO COLLAZO,
and
MARTA LUZ RIOS-MERA,
did knowingly and intentionally combine, conspire, confederate and agree with each other, and with persons known and unknown to the Grand Jury, to import into the United States from a place outside thereof approximately 200,000 kilograms of a mixture and substance containing cocaine, a Schedule II narcotic controlled substance, in violation of Title 21, United States Code, Section 952(a).
All in violation of Title 21, United States Code, Section 963.
COUNT IV
From in or about 1983, and continuing to the date of this indictment, at Dade and Broward Counties, in the Southern District of Florida, and elsewhere, the defendants,
MIGUEL RODRIGUEZ-OREJUELA,
GILBERTO RODRIGUEZ-OREJUELA,
JOSE SANTACRUZ-LONDONO,
HELMER HERRERA-BUITRAGO,
WILLIAM MORAN,
MICHAEL ABBELL,
GONZALO PAZ,
DONALD FERGUSON,
WALTER SOTO,
ALFREDO LOPEZ-RODRIGUEZ,
LUIS PEREZ-MONTERDE,
VICTOR HUGO CASTRO,
RAMON MARTINEZ,
JULIO CESAR ROJAS-AYALA,
J0SE RAMIREZ-AYALA,
RODOLFO LORZA,
SANTIAGO PIEDRAHITA,
LUIS SANTACRUZ-ECHEVERRI,
GERARDO SAN PEDRO,
HUGO PERERRA,
J0SE DAES,
HERB ALBERTO ORTIZ,
GEORGE MORALES,
GUILLERMO LEON RESTREPO,
JULIO JO,
JORGE LOZANO,
ALBERTO MONDRAGON,
GERMAN ZAMORA,
PABLO SOLORZANO,
AGUSTIN SALCEDO,
EMILIANO CHING,
LUIS URBINA,
SERGIO AGUILAR,
RICHARD DOBAL,
VICTOR SARMIENTOS,
LUIS ALFREDO GRAJALES,
LEONARDO GONZALEZ,
EDDY MARTINEZ,
ARMANDO MOREJON,
SAMUEL MARA,
DANIEL NIETO-PATINO,
OSCAR RODOLFO NIETO,
CARLOS TORRES,
ALAIN MILANES,
URIEL CONTRERAS,
HARVEY DAVID VARELA,
GUILLERMO PALAMARI-GONZALEZ,
JULIAN MURCILLO-POSADA,
J0SE BETANCOURT,
JOHN DOE,
a/k/a "Nelson,"
JOHN DOE,
a/k/a "Rodrigo,"
ROBERTO ASCUNTAR,
OLVAIRO CORREA,
GERMAN ZAMORA,
RODOLFO COLLAZO,
and
MARTA LUZ RIOS-MERA,
did knowingly and intentionally combine, conspire, confederate and agree with each other, and with persons known and unknown to the Grand Jury, to possess with the intent to distribute approximately 200,000 kilograms of a mixture and substance containing a detectable amount of cocaine, a Schedule II narcotic controlled substance, in violation of Title 21, United States Code, Section 841(a)(1).
All in violation of Title 21, United States Code, Section 846.
COUNT V
On or about August 23, 1991, at Dade County, in the Southern District of Florida, and elsewhere, the defendants,
MIGUEL RODRIGUEZ-OREJUELA,
GILBERTO RODRIGUEZ-OREJUELA,
JOSE SANTACRUZ-LONDONO,
HELPER HERRERA-BUITRAGO,
WALTER ONTO,
JULIO JO,
JORGE LOZANO,
ALBERTO MONDRAGON,
GERMAN ZAMORA,
LUIS ALFREDO GRAJALES,
LEONARDO GONZALEZ,
HARVEY DAVID VARELA,
GUILLERMO PALAMARI-GONZALEZ,
and
JULIAN MURCILLO-POSADA,
did knowingly and intentionally import into the United States from a place outside thereof, that is, Colombia, through Venezuela, approximately 12,250 kilograms of a mixture and substance containing cocaine, a Schedule II narcotic controlled substance, in violation of Title 21, United States Code, Section 952(a) and Title 18, United States Code, Section 2.
COUNT VI
On or about April 16, 1992, at Broward County, in the Southern District of Florida, and elsewhere, the defendants,
MIGUEL RODRIGUEZ-OREJUELA,
GILBERTO RODRIGUEZ-OREJUELA,
JOSE SANTACRUZ-LONDONO,
HELPER HERRERA-BUITRAGO,
WALTER SOTO,
GERARDO SAN PEDRO,
HUGO PERERRA,
JOSE DAES,
JULIO JO,
PABLO SOLORZANO,
AGUSTIN SALCEDO,
EMILIANO CHING,
LUIS URBINA,
SERGIO AGUILAR,
LUIS ALFREDO GRAJALES,
LEONARDO GONZALEZ,
HARVEY DAVID VARELA,
GUILLERMO PALAMARI-GONZALEZ,
and
JULIAN MURCILLO-POSADA,
did knowingly and intentionally import into the United States from a place outside thereof, that is, Colombia, through Panama and Guatemala, approximately 6,650 kilograms of a mixture and substance containing cocaine, a Schedule II narcotic controlled substance, in violation of Title 21, United States Code, Section 952(a) and Title 18, United States Code, Section 2.
COUNT VII
From in or about April 1992, to on or about July 15, 1992, at Dade County, in the Southern District of Florida, and elsewhere, the defendants,
MIGUEL RODRIGUEZ-OREJUELA,
GILBERTO RODRIGUEZ-OREJUELA,
JOSE SANTACRUZ-LONDONO,
HELMER HERRERA-BUITRAGO,
WALTER SOTO,
GERARDO SAN PEDRO,
JULIO JO,
PABLO SOLORZANO,
AGUSTIN SALCEDO,
EMILIANO CHING,
LUIS URBINA,
SERGIO AGUILAR,
LUIS ALFREDO GRAJALES,
GUILLERMO PALAMARI-GONZALEZ,
and
JULIAN MURCILLO-POSADA,
did knowingly and intentionally attempt to import into the United States from a place outside thereof, that is, Colombia, through Panama and Guatemala, approximately 5,100 kilograms of a mixture and substance containing cocaine, a Schedule II narcotics controlled substance in violation, of Title 21 United States Code Section 952(a) and Title 18, United States Code, Section 2.
COUNT VIII
On or about August 10, 1993, at Dade County, in the Southern District of Florida, and elsewhere, the defendants,
MIGUEL RODRIGUEZ-OREJUELA,
GILBERTO RODRIGUEZ-OREJUELA,
JOSE SANTACRUZ-LONDONO,
HELMER HERRERA-BUITRAGO,
GEORGE MORALES,
JULIO JO,
LUIS ALFREDO GRAJALES,
HARVEY DAVID VARELA,
GUILLERMO PALAMARI-GONZALEZ,
and
JULIAN MURCILLO-POSADA,
did knowingly and intentionally import into the United States from a place outside thereof, that is, Colombia, through Panama, approximately 5,600 kilograms of a mixture and substance containing cocaine, a Schedule II narcotic controlled substance, in violation of Title 21, United States Code, Section 952(a) and Title 18, United States Code, Section 2.
COUNT IX
1. Beginning in early 1990, and continuing through the date of this indictment, in the Southern District of Florida and elsewhere within and outside the United States, including Colombia, South America, the defendants,
MIGUEL RODRIGUEZ-OREJUELA,
GILBERTO RODRIGUEZ-OREJUELA,
JOSE SANTACRUZ-LONDONO,
HELMER HERRERA-BUITRAGO,
WILLIAM MORAN,
MICHAEL ABBELL,
GONZALO PAZ,
DONALD FERGUSON,
WALTER SOTO,
ALFREDO LOPEZ-RODRIGUEZ,
LUIS SANTACRUZ-ECHEVERRI,
GERARDO SAN PEDRO,
HUGO PERERRA,
JOSE DAES,
HERB ALBERTO ORTIZ,
GEORGE MORALES,
GUILLERMO LEON RESTREPO,
JULIO JO,
JORGE LOZANO,
ALBERTO MONDRAGON,
GERMAN ZAMORA,
PABLO SOLORZANO,
AUGUSTIN SALCEDO,
EMILIANO CHING,
LUIS URBINA,
SERGIO AGUILAR,
RICHARD DOBAL,
LUIS ALFREDO GRAJALES,
LEONARDO GONZALEZ,
EDDY MARTINEZ,
ARMANDO MOREJON,
SAMUEL MARA,
DANIEL NIETO-PATINO,
OSCAR RODOLFO NIETO,
CARLOS TORRES,
ALAIN MILANES,
URIEL CONTRERAS,
HARVEY DAVID VARELA,
OSCAR MALARHBE,
JOSE LUIS MEDRANO,
JOSE LUIS PEREIRA SALAS,
JOSE GONZALEZ-TORRES,
GUILLERMO PALAMARI-GONZALEZ,
JULIAN MURCILLO-POSADA,
JOSE BETANCOURT,
JOHN DOE,
a/k/a "Nelson,"
JOHN DOE,
a/k/a "Rodrigo,"
ROBERTO ASCUNTAR,
OLVAIRO CORREA,
and
RODOLFO COLLAZO
did knowingly and willfully combine, conspire, confederate and agree with each other and with others known and unknown to the Grand Jury to launder monetary instruments and to engage in monetary transactions in property derived from specified unlawful activity, that is:
a. to knowingly and willfully conduct financial transactions affecting interstate and foreign commerce which involved the proceeds of a specified unlawful activity, that is, the receiving, concealment, buying, selling and otherwise dealing in narcotic and dangerous drugs punishable under the laws of the United States, intending to promote the carrying on of said specified unlawful activity and, to conduct such financial transactions, knowing that the property involved in the financial transactions, that is, the funds and monetary instruments, represented the proceeds of some form of unlawful activity, in violation of Title 18, United States Code, Section 1956(a) (1) (A) (i);
b. to knowingly and willfully conduct financial transactions affecting interstate and foreign commerce which involved the proceeds of a specified unlawful activity, that is, the receiving, concealment, buying, selling and otherwise dealing in narcotic and dangerous drugs punishable under the laws of the United States, knowing that the transactions were designed in whole and in part to conceal the nature, location, source, ownership and control of the proceeds of said specified unlawful activity, and to conduct such financial transactions knowing that the property involved in the financial transactions, that is, funds and monetary instruments, represented the proceeds of some form of unlawful activity, in violation of Title 18, United States Code, Section 1956(a)(1)(B)(i);
c. to knowingly and willfully conduct financial transactions affecting interstate and foreign commerce which involved the proceeds of a specified unlawful activity, that is, the receiving, concealment, buying, selling and otherwise dealing in narcotics and dangerous drugs punishable under the laws of the United States, knowing that the transactions were designed in whole and in part to avoid a transaction reporting requirement under Federal law, that is, Internal Revenue Form 8300, and to conduct such financial transactions knowing that the property involved in the financial transaction, that is, funds and monetary instruments, represented the proceeds of some form of unlawful activity, in violation of Title 18 United States Code, Section 1956(a)(1)(B)(ii); and
d. to knowingly and willfully transport, transmit and transfer and attempt to transport, transmit and transfer funds from a place in the United States to and through a place outside the United States, and to a place in the United States from and through a place outside the United States, intending to promote the carrying on of said specified unlawful activity, in violation of Title 18, United States Code, Section 1956(a)(2)(A).
MANNER AND MEANS
2. It was a part of the conspiracy that the defendants would and did agree to transfer and accept United States currency that was generated by the unlawful sale of controlled substances, specifically including cocaine, illegally imported into and sold in the United States, as payment for services, commissions and expenses of the drug trafficking organization.
3. It was further a part of the conspiracy that the defendants would and did agree to transfer illegally derived funds to attorneys in the United States for representation of criminal defendants, on the condition that these criminal defendants not cooperate with United States law enforcement authorities in the investigation and prosecution of MIGUEL RODRIGUEZ-OREJUELA and others associated with him in the conduct of his illegal activities.
4. It was further a part of the conspiracy that the defendants would and did transfer illegally derived funds to family members of the criminal defendants, on the condition that the criminal defendants not cooperate with United States law enforcement authorities in the investigation and prosecution of MIGUEL RODRIGUEZ-OREJUELA and others associated with him in the conduct of his illegal activities.
5. It was further a part of the conspiracy that the defendants would and did deposit and disburse the funds into and from various bank accounts and would and did avoid the filing of Internal Revenue Service Form 8300, all for the purpose of concealing that MIGUEL RODRIGUEZ-OREJUELA owned and controlled the funds and that the funds were generated by drug trafficking.
6. It was further a part of the conspiracy that the defendants would and did conduct transactions in currency for the purpose of concealing that MIGUEL RODRIGUEZ-OREJUELA owned and controlled the funds and that the funds were generated by drug trafficking.
7. It was further a part of the conspiracy that the defendants would and did move large amounts of United States currency from Colombia to the United States.
8. It was further a part of the conspiracy that the defendants would and did move large amounts of United States currency from the United States to Colombia.
OVERT ACTS
In furtherance of the conspiracy and to achieve the objects thereof, the following defendants and others, known and unknown to the Grand Jury, committed and caused to be committed at least one of the following overt acts, among others, in the Southern District of Florida and elsewhere:
9. In or about the following months and on or about the following dates, the defendants engaged in the following financial transactions, under the direction of MIGUEL RODRIGUEZ- OREJUELA, for the purpose of payment for services, commissions and expenses:
DATE AMOUNT
(a) 10/14/90 $100,000
(b) 06/28/91 $25,275
(c) 09/17/91 $10,000
(d) 10/29/91 $20,000
(e) 11/15/91 $12,000
(f) 11/20/91 $1,089,880
(g) 11/20/91 $4,407,500
(h) 11/27/91 $1,000,000
(i) 12/12/91 $145,000
(j) 12/31/91 $3,154,405
(k) 01/08/92 $160,000
(l) 01/21/92 $400,000
(m) 01/21/92 $250,000
(n) 02/04/92 $1,110,000
(o) 02/07/92 $647,500
(p) 02/08/92 $1,200,000
(q) 02/10/92 $432,000
(r) 02/92 $120,000
(s) 02/92 $150,000
(t) 03/92 unknown
(u) 04/20/93 $17,000
(v) 07/01/94 $4,000
TRANSACTION
a GUILLERMO LEON RESTREPO received funds from George Lopez after Lopez confirmed with MIGUEL RODRIGUEZ-OREJUELA that Rafael Lombrano had been killed.
b DANIEL NIETO-PATINO and OSCAR RODOLFO NIETO received funds by bank check from Harold Ackerman.
c DANIEL NIETO-PATINO received expense money
d Harold Ackerman transferred funds to JOSE DAES
e SAMUEL MARA received expense money
f HUGO PERERRA transferred funds to MIGUEL RODRIGUEZ-OREJUELA through Harold Ackerman
g JOSE SANTACRUZ-LONDONO transferred funds to MIGUEL RODRIGUEZ- OREJUELA through Harold Ackerman
h Harold Ackerman transferred commissions to WALTER ONTO
i Harold Ackerman transferred funds to SERGIO AGUILAR for the purchase of automobiles
j HELMER HERRERA-BUITRAGO transferred funds to MIGUEL RODRIGUEZ- OREJUELA through Harold Ackerman
k Harold Ackerman transferred funds to ROBERTO ASCUNTAR
l Harold Ackerman transferred commissions to GERARDO BAN PEDRO
m Harold Ackerman transferred commissions to PABLO SOLORZANO
n HUGO PERERRA transferred funds to MIGUEL RODRIGUEZ-OREJUELA through Harold Ackerman
o ALAIN MILANES, on behalf of GEORGE MORALES, transferred funds to MIGUEL RODRIGUEZ-OREJUELA through Harold Ackerman
p EDDY MARTINEZ transferred funds to MIGUEL RODRIGUEZ-OREJUELA through Harold Ackerman
q ARMANDO MOREJON transferred funds to MIGUEL RODRIGUEZ-OREJUELA through Harold Ackerman
r SERGIO AGUILAR purchased automobiles with funds provided by Harold Ackerman
s SERGIO AGUILAR purchased additional automobiles with funds provided by Harold Ackerman
t William Santos and Raul Marti transferred funds to VICTOR SARMIENTOS
u JOHN DOE a/k/a "Nelson" transferred funds to ALFREDO LOPEZ- RODRIGUEZ
v ROBERTO ASCUNTAR paid a monthly salary to URIEL CONTRERAS
10. In or about the following months and on or about the following dates, the defendants engaged in the following financial transactions, under the direction of MIGUEL RODRIGUEZ- OREJUELA, for the purpose of paying attorney's fees, bail and subsistence:
DATE AMOUNT
(a) 02-90 $60,000
(b) 06-90 $25,000
(c) 06/14/90 $50,000
(d) 09-90 $5,000
(e) Early 91 $60,000
(f) 11/26/91 $65,000
(g) 12/09/91 $75,000
(h) 12/10/91 $25,000
(i) 12/20/91 $50,000
(j) 01/09/92 $25,000
(k) 01/09/92 $25,000
(l) 01/17/92 $120,000
(m) 02/o9/92 $50,000
(n) 02/27/92 $57,000
(o) 02/28/92 $57,000
(p) 04/23/92 $1,100,000
(q) 04/23/92 $800,000
(r) 04/24/92 $42,000
(s) 04/27/92 $500,000
(t) 04/30/92 $90,000
(u) 05/07/92 $100,000
(v) 05/14/92 $75,000
(w) 05/17/92 $25,000
(x) 05/18/92 $75,000
(y) 05/92 $600,000
(z) 07/07/92 $50,000
(aa) 08/05/92 $64,940
(bb) 05/08/93 $105,300
(cc) 05/14/93 $70,000
(dd) 08/13/93 $70,000
(ee) 08/16/93 $70,000
(ff) 10/93 $75,000
(gg) 10/93 $75,000
TRANSACTION
a WILLIAM MORAN received U.S. currency
b WILLIAM MORAN received U.S.currency
c GEORGE MORALES posted $50,000 bail
d WILLIAM MORAN received U.S. currency
e MICHAEL ABBELL received funds by wire transfer
f Joel Rosenthal received U.S. currency
g Joel Rosenthal received U.S. currency
h Joel Rosenthal deposited U.S. currency into a bank account
i Joel Rosenthal deposited U.S. currency into a bank account
j Joel Rosenthal received U.S. currency
k Joel Rosenthal deposited U.S. currency into a bank account
l Joel Rosenthal received U.S. currency
m Joel Rosenthal received U.S. currency
n Joel Rosenthal received U.S. currency
o Joel Rosenthal deposited U.S. currency into a bank account
p Robert Moore received U.S. currency
q Robert Moore caused and attempted to cause the wire transfer of funds from an account in the name "Rolan International" to locations outside the United States
r Robert Moore deposited a check drawn on the "Rolan International" account into a bank account
s Robert Moore segregated U.S. currency
t An associate of MORAN AND GOLD, P.A. received U.S. currency
u WILLIAM MORAN received U.S. currency
v Joel Rosenthal received a check
w Robert Moore received U.S. currency
x Joel Rosenthal deposited a check into a bank account
y Robert Moore received bank checks
z WILLIAM MORAN received U.S. currency
aa Joel Rosenthal received and deposited U.S. currency into a bank account
bb WILLIAM MORAN received U.S. currency
cc WILLIAM MORAN received funds by wire transfer
dd Joel Rosenthal received U.S. currency
ee Joel Rosenthal deposited U.S. currency into a bank account
ff DONALD FERGUSON received U.S. currency
gg DONALD FERGUSON transferred U.S. currency to the wife of Raul Marti
hh DONALD FERGUSON caused the transfer of U.S. currency to a bail bondsman
ii Francisco Laguna received U.S. currency
jj Francisco Laguna and MICHAEL ABBELL received a transfer of funds
kk Francisco Laguna and MICHAEL ABBELL received a transfer of funds
11. In or about the following months and on or about the following dates, the defendants, under the direction of MIGUEL RODRIGUEZ-OREJUELA, made the following payments of attorneys'
DATE AMOUNT
(a) 09/21/90 $2,500
(b) 12/09/91 $25,000
(c) 01/09/92 $25,000
(d) 01/17/92 $75,000
(e) 02/28/92 $37,500
TRANSACTION
a WILLIAM MORAN caused transfer of funds to an attorney for GEORGE MORALES a/k/a Eduardo Medina-Romero
b Joel Rosenthal transferred funds by check to an attorney for Gustavo Naranjo
c Joel Rosenthal transferred funds by check to an attorney for Gustavo Naranjo
d Joel Rosenthal transferred funds by check to an attorney for Gustavo Naranjo
e Joel Rosenthal transferred funds by check to an attorney for Gustavo Naranjo
DATE AMOUNT
(f) 05/22/92 $62,500
(g) 08/05/92 $46,875
(h) 06/93 $17,500
(i) 008/05/92 $51, 075
(j) 09/08/93 $83,005
(k) 10/08/93 $98,110
(l) 01/26/94 $20,000
(m) 03/03/94 $57,000
(n) 04/11/94 $25,000
(o) 04/12/94 $100,000
(p) 08/04/94 $25,000
(q) 08/22/94 $54,000
TRANSACTION
f Joel Rosenthal transferred funds by check to an attorney for Gustavo Naranjo
g Joel Rosenthal transferred funds by check to an attorney for Gustavo Naranjo
h WILLIAM MORAN received and transferred funds to an attorney for Javier Perez Velazco, co-defendant of CARLOS TORRES
i Joel Rosenthal transferred funds by check to an attorney for Gustavo Naranjo
j MIGUEL RODRIGUEZ-OREJUELA caused the transfer of funds to an attorney for Raul Marti
k MIGUEL RODRIGUEZ-OREJUELA caused the transfer of funds to an attorney for Raul Marti
l MIGUEL RODRIGUEZ-OREJUELA caused the transfer of funds to an attorney for Pedro Pablo Gomez
m MIGUEL RODRIGUEZ-OREJUELA caused the transfer of funds to an attorney for Raul Marti
n MIGUEL RODRIGUEZ-OREJUELA caused the transfer of funds to an attorney for Pedro Pablo Gomez
o MIGUEL RODRIGUEZ-OREJUELA caused the wire transfer of funds to an attorney for Raul Marti
p MIGUEL RODRIGUEZ-OREJUELA caused the transfer of funds to an attorney for Pedro Pablo Gomez
q MIGUEL RODRIGUEZ-OREJUELA caused the transfer of funds to an attorney for Pedro Pablo Gomez
12. In or about the following months and on or about the following dates, the defendants, under the direction of MIGUEL RODRIGUEZ-OREJUELA, made the following subsistence payments:
DATE AMOUNT
(a) 3/21/92 $1,100,000
(b) 05/92 $6,000
(c) 05/09/93 $10,000
(d) 01/28/94 $8,300
(e) 04/94 $24,100
(f) 1992-1994 $20,000
(g) 1992-1994 $20,000
(h) 1992-1994 $20,000
(i) 1992-1994 $20,000
a Harold Ackerman directed the transfer of funds to the secretary of Luis Santacruz-Echeverri
b WILLIAM MORAN caused the transfer of U.S. currency to the mother of Pedro Pablo Gomez
c WILLIAM MORAN caused the transfer of U.S. currency to the wife of CARLOS TORRES
d DONALD FERGUSON and Francisco Laguna transferred U.S. currency to the family of CARLOS TORRES
e Francisco Laguna transferred U.S. currency to the stepson of CARLOS TORRES
f Francisco Laguna transferred an unknown amount of U.S. currency to the mother of Pedro Pablo Gomez
g Francisco Laguna caused the transfer of U.S. currency to the wife of Carlos Giron
h Francisco Laguna caused the transfer of U.S. currency to the wife of Juan Jose Guel
i Francisco Laguna caused the transfer of U.S. currency to the ex-wife of Juan Jose Guel
13. In or about the following months and on or about the following dates, the defendants made or caused to be made the following transportations, transmissions and transfers of funds from a place in the United States to and through a place outside the United States:
DATE AMOUNT
(a) 05/91 $1,000,000
(b) 12/06/91 $2,000,000
(c) 12/23/91 $3,000,000
(d) 01/14/92 $3,000,000
(e) 01/30/92 $4,000,000
TRANSACTION
a MIGUEL RODRIGUEZ-OREJUELA, JULIAN MURCILLO-POSADA, JULIO JO, JOHN DOE a/k/a "Rodrigo", and JOHN DOE a/k/a "Nelson" made and caused to be made the physical transportation of funds
b MIGUEL RODRIGUEZ-OREJUELA, JULIAN MURCILLO-POSADA, JULIO JO, JOHN DOE a/k/a "Rodrigo", and JOHN DOE a/k/a "Nelson" made and caused to be made the physical transportation of funds
c MIGUEL RODRIGUEZ-OREJUELA, JULIAN MURCILLO-POSADA, JULIO JO, JOHN DOE a/k/a "Rodrigo", and JOHN DOE a/k/a "Nelson" made and caused to be made the physical transportation of funds
d MIGUEL RODRIGUEZ-OREJUELA, JULIAN MURCILLO-POSADA, JULIO JO, JOHN DOE a/k/a "Rodrigo", and JOHN DOE a/k/a "Nelson" made and caused to be made the physical transportation of funds
e MIGUEL RODRIGUEZ-OREJUELA, JULIAN MURCILLO-POSADA, JULIO JO, JOHN DOE a/k/a "Rodrigo", and JOHN DOE a/k/a "Nelson" made and caused to be made the physical transportation of funds
DATE AMOUNT
(f) 02/12/92 $8,005,000
(g) 03/09/92 $5,618,000
(h) 03/26/92 $300,000
f MIGUEL RODRIGUEZ-OREJUELA, JULIAN MURCILLO-POSADA, JULIO JO, JOHN DOE a/k/a "Rodrigo", and JOHN DOE a/k/a "Nelson" made and caused to be made the physical transportation of funds
g MIGUEL RODRIGUEZ-OREJUELA, JULIAN MURCILLO-POSADA, JULIO JO, JOHN DOE a/k/a "Rodrigo", and JOHN DOE a/k/a "Nelson" made and caused to be made the physical transportation of funds
h MIGUEL RODRIGUEZ-OREJUELA, GILBERTO RODRIGUEZ-OREJUELA, LUIS ALFREDO GRAJALES, JULIAN MURCILLO-POSADA, JULIO JO, JOHN DOE a/k/a "Rodrigo", and JOHN DOE a/k/a "Nelson" made and caused to be made the transfer of funds
All in violation of Title 18, United States Code, Section 1956(h).
FORFEITURE ALLEGATION PURSUANT TO TITLE 18. U.S.C.. SECTION 1963
1. Counts I and II of this indictment are hereby incorporated herein by reference for the purpose of alleging forfeitures pursuant to Title 18, United States Code, Section 1963.
2. As a result of the racketeering activity charged in Counts I and II, the defendants , MIGUEL RODRIGUEZ-OREJUELA, GILBERTO RODRIGUEZ-OREJUELA, JOSE SANTACRUZ-LONDONO, HELMER HERRERA-BUITRAGO, WILLIAM MORAN, MICHAEL ABBELL, GONZALO PAZ, DONALD FERGUSON, WALTER SOTO, ALFREDO LOPEZ-RODRIGUEZ, LUIS PEREZ-MONTERDE, VICTOR HUGO CASTRO, RAMON MARTINEZ, JULIO CESAR ROJAS-AYALA, JOSE RAMIREZ-AYALA, RODOLFO LORZA, SANTIAGO PIEDRAHITA, LUIS SANTACRUZ-ECHEVERRI, GERARDO SAN PEDRO, HUGO PERERRA, JOSE DAES, HERB ALBERTO ORTIZ, GEORGE MORALES, GUILLERMO LEON RESTREPO, JULIO JO, JORGE LOZANO, ALBERTO MONDRAGON, GERMAN ZAMORA, PABLO SOLORZANO, AGUSTIN SALCEDO, EMILIANO CHING, LUIS URBINA, SERGIO AGUILAR, RICHARD DOBAL, VICTOR SARMIENTOS, LUIS ALFREDO GRAJALES, LEONARDO GONZALEZ, EDDY MARTINEZ, ARMANDO MOREJON, SAMUEL MARA, DANIEL NIETO-PATINO, OSCAR RODOLFO NIETO, CARLOS TORRES, ALAIN MILANES, URIEL CONTRERAS, HARVEY DAVID VARELA, OSCAR MALARHBE, JOSE LUIS MEDRANO, JOSE LUIS PEREIRA-SALAS, JOSE GONZALEZ- TORRES, GUILLERMO PALAMARI-GONZALEZ, JULIAN MURCILLO-POSADA, JOSE BETANCOURT, JOHN DOE, a/k/a "Nelson," JOHN DOE, a/k/a "Rodrigo," ROBERTO ASCUNTAR, OLVAIRO CORREA, RODOLFO COLLAZO and MARTA LUZ RIOS-NERA, shall forfeit to the United States all of the following property, for which the defendants are jointly and severally liable: all interests acquired and maintained in violation of Title 18, United States Code, Section 1962; all interests in, security of, claims against and property and contractual rights of any kind affording influence a source of influence over the enterprise which the defendants have established, operated, controlled, conducted and participated in the conduct of in violation of 18, United States Code, Section 1962; and all property constituting, or derived from, any proceeds which the defendants obtained, directly or indirectly, from racketeering activity in violation of Title 18, United States Code, Section 1962; which property includes, but is not limited to the following:
1. Approximately two billion dollars ($2,000,000,000.00) in U.S. currency.
2. One residential property located at 9879 S.W. 118 Court, Miami, valued at $96,000.00, owned by GERMAN ZAMORA, including all buildings, fixtures, easements, appurtenances, and improvements thereto, more particularly described as:
That certain parcel or tract of land together with all buildings and improvements thereon situated on Lot 1, Block 24, of the Amaretto 1st Addition Subdivision, Plat 134, Page 77 of the Public Records of Dade County, Florida.
3. One residential property located at 8660 S.W. 149 Avenue, Unit 208, Miami, valued at $55,000.00, owned by GERMAN ZAMORA, including all buildings, fixtures, easements, appurtenances, and improvements thereto, more particularly described as:
That certain parcel or tract of land together with all buildings and improvements thereon situated on Lago Del Rey Condo, #1, Unit 208, Off Rec 10558-1346, of the Public Records of Dade County, Florida.
4. One residential property located at
14253 S.W. 51 Street, Miami, valued at $120,000.00, owned by German and Blanca L. Zamora, the father and mother of GERMAN ZAMORA, including all buildings, fixtures, easements, appurtenances, and improvements thereto, more particularly described as:
That certain parcel or tract of land together with all buildings and improvements thereon situated on Lot 14, Block 16, of the Bird Lakes South Subdivision, Section 4, Plat 138, Page 36 of the Public Records of Dade County, Florida.
5. One residential property located at 10201 S.W. 89 Street, Miami, valued at $107,000.00, previously owned by JULIO JO and Kathryn F. Jo, and Quit Claimed from JULIO JO to Kathryn F. Jo, including all buildings, fixtures, easements, appurtenances, and improvements thereto, more particularly described as:
That certain parcel or tract of land together with all buildings and improvements thereon situated on Lot 6, Block 3, of the Kendall Palms Townhomes Subdivision, Plat 117, Page 42, of the Public Records of Dade County, Florida.
6. One residential property located at 14849 S.W. 67 Lane, Miami, valued at $110,000.00, owned by SERGIO AGUILAR, including all buildings, fixtures, easements, appurtenances, and improvements thereto, more particularly described as:
That certain parcel or tract of land together with all buildings and improvements thereon situated on Lot 38, Block 14, of the Westwind Lakes subdivision, Section 2, Plat 117, Page 15 of the Public Records of Dade County, Florida.
7. One
residential property located at 5757 Collins Avenue, Unit 1806, Miami Beach, valued at $430,000.00, owned by AmparO ArbelaeZ, the ex-wife of MIGUEL RODRIGUEZ OREJUELA, including all buildings, fixtures, easements, appurtenances, and improvements thereto, more particularly described as:
Unit 1806, of
L'Excellence Condominium, a Condominium, according to the Declaration thereof and the exhibits annexed thereto, recorded in Official Records Book 14898, Page 1421, of the Public Records of Dade County, Florida.
One residential property located at 8195 S.W. 93 Avenue, Miami, valued at $142,500.00, owned by EDDY MARTINEZ, including all buildings, fixtures, easements, appurtenances, and improvements thereto, more particularly described as:
That certain parcel or tract of land together with all buildings and improvements thereon situated on Lot 9, Block 9, of the Cypress Cove Estates subdivision, Section 3, Plat 78, Page 15 of the Public Records of Dade County, Florida.
9. One residential property located at 212 W. Jonquil Avenue, McAllen, Texas, valued at $140,000.00, owned by LUGS A. and Rosario GRAJALES, including all buildings, fixtures, easements, appurtenances, and improvements thereto, more particularly described as:
That certain parcel or tract of land together with all buildings and improvements thereon situated on all of Lot 117, of the Daffodil Gardens subdivision, Unit No. 8, an addition to the City of McAllen, Hidalgo County, Texas, according to map thereof recorded in Volume 18, Page 32 of the Public Records of Hidalgo County, Texas.
10. One residential property located at 4690 W. 8th Place, Hialeah, valued at approximately $120,000.00, owned by ALAIN T. and Marta L. MILANES, including all buildings, fixtures, easements, appurtenances, and improvements thereto, more particularly described as:
That certain parcel or tract of land
together with all buildings and improvements thereon situated on Lot 4, Block 120, of the Fifth Addition to Palm Springs, Section four, Plat 65, Page 60 of the Public Records of Dade County, Florida.
11. One residential property located at 1518 W. Flagler Street, Miami, valued at $135,000.00, owned by ARMANDO and Georgelina MOREJON, including all buildings, fixtures, easements, appurtenances and improvements thereto, more particularly described as:
That certain parcel or tract of land, together with all buildings and improvements thereon situated on Lot 3, Block 67, of the Lawrence Estates Land Company's Subdivision, Plat 2, Page 46 of the Public Records of Dade County, Florida.
12. One residential property located at 4860 S.W. 104 Avenue, Cooper City, valued at $130,000.00, owned by LUIS and Leida PEREZ, including all buildings, fixtures, easements, appurtenances, and improvements thereto, more particularly described as:
That certain parcel or tract of land together with all buildings and improvements thereon situated on Lot 29, together with part of Lot 30, described as beginning NW corner parcel, newly alg SW Boundary, Lot 30, for 62.35, E 8, Southeasterly 62.35, W 8 to POB & 1/38 of the Pine Lakes Subdivision, Plat 96, Page 41 of the Public Records of Broward County, Florida.
13. One residential property located at 478 Bay Lane, Miami, valued at $1,550,000.00, owned by HUGO PERERRA, including all buildings, fixtures, easements, appurtenances, and improvements thereto, more particularly described as:
That certain parcel or tract of land together with all buildings and improvements thereon situated on Lot 5, Block 17, a ReSubdivision of Block 17, Third Addition to Tropical Isle Homes, Plat 52, Page 27 of the Public Records of Dade County, Florida.
14. One residential property located at 555 N.E. 15th Street, Unit #28A, Miami, valued at $210,000.00, owned by HUGO PERERRA, including all buildings, fixtures, easements, appurtenances, and improvements thereto, more particularly described as:
Unit 28A, of Venetia Condominium, a Condominium, according to the Declaration thereof and the exhibits annexed thereto, recorded in Official Records Book 16685, Page 2652, of the Public Records of Dade County, Florida.
15. One residential property located at 9703 W.Lake Court, Boca Raton, valued at $180,000.00, previously owned by CARLOS and Maria P. Torres, and Quit Claimed by CARLOS TORRES to Maria P. Torres, including all buildings, fixtures, easements, appurtenances, and improvements thereto, more particularly described as:
That certain parcel or tract of land together with all buildings and improvements thereon situated on Lot 29, Block 2, of the West Boca Lake Subdivision, Plat No. 1, Plat 42, Page 190 of the Public Records of Palm Beach County, Florida.
16. One residential property located at 14602 S.W. 94 Lane, Miami, valued at $150,000.00, owned by ROBERTO and Leticia ASCUNTAR, including all buildings, fixtures, easements, appurtenances, and improvements thereto.
17. One Third Interest in Casino Del Mar, Isla de Margarita, Venezuela, owned by HUGO PERERRA, including all buildings, fixtures, easements, appurtenances, and improvements thereto, more particularly described as:
That certain parcel or tract of land together with all buildings and improvements thereon situated on the Isla de Margarita, Venezuela owned by HUGO PERERRA, including all buildings, fixtures, easements, appurtenances, and improvements thereto, more particularly described as: That certain parcel or tract of land together with all buildings and improvements theron situated on the Isla de Margarita, in Venezuela and known as Casino Del Mar.
18. One residential property located at 5515-19 Hudson Avenue, West New York, New Jersey, valued at $337,000.00, owned by C. and M. Morejon, relatives of ARMANDO MOREJON, and B. Iacovelli, a girlfriend of ARMANDO MOREJON, including all buildings, fixtures, easements, appurtenances, and improvements thereto, more particularly described as:
That certain parcel or tract of land together with all buildings and improvements thereon situated on Block 81, Lot 6, described as four story brick building, 14 units.
19. One 1992 32 foot, ADVANCE vessel, bearing vessel identification number FL 4971HJ, owned by HUGO PERERRA, together with its engines, motors, tackle, apparel, fixtures, improvements, rigging, electronics, auxiliary vessels and equipment.
20. One boat trailer, with Florida tag number BN957H, owned by HUGO PERERRA.
21. One 1992 Ferrari 328 GTB, VIN ZFFRG36A8N0091094, owned by HUGO PERERRA.
22. One 2 door, 1994 Mercedes Benz, VIN WDBFA67E6RF096303, owned by HUGO PERERRA. 23. Any and all vehicles located at ATLANTIC SOUTH AUTO BROKERS, 4028 N.W. 24 Street, Miami, owned directly or indirectly by EDDY MARTINEZ.
24. One 1993 Lexus, VIN JT8JS47E9P0045602, owned by ALAIN J. or Marta MILANES.
25. One 1994 Mercedes Benz, VIN WDBHH28E5RF053653, owned by GERMAN ZAMORA.
26. One four door, 1994 Buick, VIN 2G4WB55L3R1485204, registered in the false name Juan Villa and owned by ROBERTO ASCUNTAR.
27. One 4 door, 1994 Grand Prix, VIN lG2WJ52M9RF208042, registered in the false name of Luis RODRIGUEZ and owned by ROBERTO ASCUNTAR.
28. One 4 door, 1990 Mitsubishi, VIN JA3CR46V9LZ031176, owned by OLVAIRO CORREA.
SUBSTITUTE ASSETS
If any of the property described above as being subject to forfeiture, as a result of any act or omission of the defendants-
A. cannot be located upon the exercise of due diligence;
B. has been transferred or sold to, or deposited with, a third person;
C. has been placed beyond the jurisdiction of the court;
D. has been substantially diminished in value; or
E. has been commingled with other property which cannot be divided without difficulty,
it is the intention of the United States, pursuant to Title 18, United States Code, Section 1963(m), to seek forfeiture of any other property of the defendants up to the value of the forfeitable property described in clauses A through E, including, but not limited to, all funds deposited or credited to the following accounts in the following names:
1. Smith Barney, New York, account number, 17801113, formerly account number, 038279749, in the names WILLIAM MORAN and Gary Moran, TTEES, U/A/D, 1/1/87, MORAN AND GOLD, P.A., profit sharing.
2. Merril Lynch, account number 74991190, in the name of MICHAEL ABBELL, basic M/P, FBO MICHAEL ABBELL.
3. Twentieth Century Investors, account number 26000199126, in the name DONALD L. FERGUSON, IRA-SEP account.
All in violation of Title 18, United States Code, Section 1963.
FORFEITURE ALLEGATION
PURSUANT TO TITLE 21. U.S.C., SECTION 853
1. Counts III through VIII of this indictment are hereby incorporated herein by reference for the purpose of alleging forfeitures pursuant to Title 21 United States Code Section 853.
2. As a result of the offenses charged in Counts III through VIII of this indictment, the defendants, MIGUEL RODRIGUEZ- OREJUELA, GILBERTO RODRIGUEZ-OREJUELA, JOSE SANTACRUZ-LONDONO, HELMER HERRERA-BUITRAGO, WILLIAM MORAN, MICHAEL ABBELL, GONZALO PAZ, DONALD FERGUSON, WALTER SOTO, ALFREDO LOPEZ-RODRIGUEZ, LUIS PEREZ-MONTERDE, VICTOR HUGO CASTRO, RAMON MARTINEZ, JULIO CESAR ROJAS-AYALA, JOSE RAMIREZ-AYALA, RODOLFO LORZA, SANTIAGO PIEDRAHITA, LUIS SANTACRUZ-ECHEVERRI, GERARDO SAN PEDRO, HUGO PERERRA, JOSE DAES, HERB ALBERTO ORTIZ, GEORGE MORALES, GUILLERMO LEON RESTREPO, JULIO JO, JORGE LOZANO, ALBERTO MONDRAGON, GERMAN ZAMORA, PABLO SOLORZANO, AGUSTIN SALCEDO, EMILIANO CHING, LUIS URBINA, SERGIO AGUILAR, RICHARD DOBAL, VICTOR SARMIENTOS, LUIS ALFREDO GRAJALES, LEONARDO GONZALEZ, EDDY MARTINEZ, ARMANDO MOREJON, SAMUEL MARA, DANIEL NIETO- PATINO, OSCAR RODOLFO NIETO, CARLOS TORRES, ALAIN MILANES, URIEL CONTRERAS, HARVEY DAVID VARELA, OSCAR MALARHBE, JOSE LUIS MEDRANO, JOSE LUIS PEREIRA-SALAS, JOSE GONZALEZ-TORRES, GUILLERMO PALAMARI-GONZALEZ, JULIAN MURCILLO-POSADA, JOSE BETANCOURT, JOHN DOE, a/k/a "Nelson," JOHN DOE, a/k/a "Rodrigo," ROBERTO ASCUNTAR, OLVAIRO CORREA, RODOLFO COLLAZO and MARTA LUZ RIOS-MERA shall forfeit to the United States any and all property constituting or derived from any proceeds the said defendants obtained directly or indirectly as a result of the said violations; and any and all property used or intended to be used in any manner or part to commit and to facilitate the commission of the violations alleged in Counts III-VIII of this indictment, as to which the defendants are jointly and severally liable, including, but not limited to, the following:
1. All property alleged to be forfeitable in paragraphs 1-28 of the "Forfeiture Allegation Pursuant to Title 18, United States Code, Section 1963," Section all of which property is incorporated by this reference as though fully restated.
SUBSTITUTE ASSETS
If any of the property described above, as a result of any act or omission of the defendants--
A. cannot be located upon the exercise of due diligence;
B. has been transferred or sold to, or deposited with, a third person;
C. has been placed beyond the jurisdiction of the court;
D. has been substantially diminished in value; or
E. has been commingled with other property which cannot be divided without difficulty, it is the intention of the United States, pursuant to Title 21, United States Code, Section 853(p), to seek forfeiture of any other property of the defendants up to the value of the forfeitable property described in clauses A through E, including, but not limited to, the property alleged in paragraphs 1-3 of the Substitute Assets Section in the "Forfeiture Allegation Pursuant to Title 18, United States Code, Section 1963," Section all of which property is incorporated by this reference as though fully restated.
All in violation of Title 21, United States Code, Section 853.
FORFEITURE ALLEGATION
PURSUANT TO TITLE 18. U.S.C. SECTION 982
1. Count IX of this indictment is hereby incorporated herein by reference for the purpose of alleging forfeitures pursuant to Title 18, United States Code, Section 982.
2. As a result of the offense charged in Count IX, the defendants MIGUEL RODRIGUEZ-OREJUELA, GILBERTO RODRIGUEZ- OREJUELA, JOSE SANTACRUZ-LONDONO, HELPER HERRERA-BUITRAGO, WILLIAM MORAN, MICHAEL ABBELL, DONALD FERGUSON, WALTER SOTO, ALFREDO LOPEZ-RODRIGUEZ, LUGS SANTACRUZ-ECHEVERRI, GERARDO SAN PEDRO, HUGO PERERRA, JOSE DOES, GEORGE MORALES, GUILLERMO LEON RESTREPO, JULIO JO, PABLO SOLORZANO, SERGIO AGUILAR, VICTOR SARMIENTOS, LUIS ALFREDO GRAJALES, EDDY MARTINEZ, ARMANDO MOREJON, SAMUEL MARA, DANIEL NIETO-PITINO, OSCAR RODOLFO NIETO, CARLOS TORRES, ALAIN MILANES, URIEL CONTRERAS, JULIAN MURCILLO- POSADA, JOHN DOE a/k/a "Nelson," JOHN DOE a/k/a "Rodrigo," ROBERTO ASCUNTAR and RODOLFO COLLAZO shall forfeit to the United States all property, real and personal, involved in the aforestated offense and all property traceable to such property, as to which property the defendants are jointly and severally liable, including but not limited to the following:
1. $1,281,182.00 in United States currency and all interest and proceeds traceable thereto.
2. All property alleged to be forfeitable in paragraphs 2-28 of the "Forfeiture Allegation Pursuant to Title 18, United States Code, Section 1963," Section all of which property is incorporated by this reference as though fully restated.
SUBSTITUTE ASSETS
If any of the property described above as being subject to forfeiture, as a result of any act or omission of the defendants-
A. cannot be located upon the exercise of due diligence;
B. has been transferred or sold to, or deposited with, a third person;
C. has been placed beyond the jurisdiction of the court;
D. has been substantially diminished in value; or
E. has been commingled with other property which cannot be divided without difficulty,
it is the intention of the United States, pursuant to Title 18, United States Code, Section 982(b)(1) and Title 21, United States Code, Section 853(p), to seek forfeiture of any other property of the defendants up to the value of the forfeitable property described in clauses A through E, including, but not limited to, the property alleged in paragraphs 1-3 of the Substitute Assets Section in the "Forfeiture Allegations Pursuant to Title 18, United States Code, Section 1963" Section, all of which property is incorporated by this reference as though fully restated.
All in violation of Title 18, United States Code, Section 982.
A TRUE BILL
FOREPERSON
KENDALL COFFEY
UNITED STATES ATTORNEY
WILLIAM M. PEARSON
ASSISTANT UNITED STATES ATTORNEY
EDWARD R. RYAN
ASSISTANT UNITED STATES ATTORNEY
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
UNITED STATES OF AMERICA
v.
MIGUEL RODRIGUEZ-OREJUELA et al.
CASE NO. 93-470
Cr-HOEVELER(s)(s)(s)
CERTIFICATE OF TRIAL ATTORNEY
I do hereby certify:
1. I have carefully considered the allegations of the indictment, the number of defendants, the number of probable witnesses and the legal complexities of the Indictment attached hereto.
2. I am aware that the information supplied on this statement will be relied upon by the Judges of this Court in setting their calendars and scheduling criminal trials under the mandate of the Speedy Trial Act, Title 28 U.S.C. Section 3161.
3. This case will take 180 days for the parties to try.
4. Please check appropriate category and type of offense listed below:
(Check only one) (Check only one)
I 0 to 5 days Petty
II 6 to 10 days Minor
III 11 to 20 days Misdem.
IV 21 to 60 days _ Felony X
V 61 days and over X
5- Has this case been previously filed in this Court? Yes
If yes, Judge: Hoeveler Case No.: 93-470-Cr- Hoeveler(s)(s)
(Attach copy of dispositive order)
Has a complaint been filed in this matter? NO (Yes or No)
