Month: April 2022

Source: United States Department of Justice News

          SANTA ANA, California – A 33-count federal grand jury indictment unsealed today charges 31 members and associates of the Orange County Mexican Mafia with racketeering offenses, two murders and six attempted murders, and related drug and gun charges.

          The indictment includes charges of conspiring to violate the Racketeer Influenced and Corrupt Organizations (RICO) Act; committing violent crimes in aid of racketeering (VICAR), including murder and attempted murder; conspiring to traffic narcotics; distributing, and possessing with the intent to distribute, methamphetamine and heroin; using a firearm to cause a death; and other firearm charges.

          “The violence, drug-dealing and other criminal acts being committed in our communities by gangsters associated with the Mexican Mafia is being met with the strongest possible response by law enforcement,” said United States Attorney Tracy L. Wilkison. “We will continue to investigate, arrest and prosecute these individuals to the fullest extent of the law to restore a sense of safety to so many neighborhoods that have felt the impact of their destructive conduct.”

          “The Mexican Mafia allegedly preyed on vulnerable communities through fear, violence, and intimidation,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “This indictment sends a clear message that the Criminal Division, and our federal, state, and local partners, remain committed to protecting all of our communities from violence and exploitation.”

          The indictment alleges that the Mexican Mafia, also known as La Eme, was comprised mostly of senior members of Latino street gangs who came together to control and profit from the activities of other Latino gangs operating in Southern California and within the California penal system. It is alleged that the Mexican Mafia members divided control of various areas in Southern California, with the member in control of a specific area controlling the criminal activities in that territory and receiving “taxes” paid by gangs to allow them to deal drugs in that area.

          In addition to this widespread “tax” collection, it is alleged that the OC Mexican Mafia directly engaged in drug distribution in and out of prisons and jails. The indictment also alleges that the OC Mexican Mafia maintained authority over Latino street gangs through murder, attempted murder, and violent assaults with weapons including firearms.

          “Cases targeting criminal enterprises like the Mexican Mafia require close collaboration with our local and federal partners and employ a variety of sophisticated techniques to overcome their evasive tactics,” said Kristi K. Johnson, the Assistant Director in Charge of the FBI’s Los Angeles Field Office. “The Mexican Mafia in Orange County controls the majority of local gangs and rules by threatening violence and exacting violence on their enemies or against their own members who don’t follow strict rules. This indictment is the latest in our continuing joint efforts to target gangs and drug networks that fuel the violence in our communities.”

          The indictment alleges that in or around 2016, and continuing to at least in or around April 2022, defendants Johnny Martinez, Robert Aguirre, and Dennis Ortiz were the OC Mexican Mafia members in charge of criminal activities in Orange County and within Orange County jail and prison facilities. Defendants Omar Mejia, Miguel Jose Alvarado, Luis Heriberto Vasquez, Michael Cooper, and Abraham Guajardo held positions of shot-callers or mouthpieces for Martinez, Aguirre, and Ortiz. Defendant Robert Martinez held a position of authority within the Orange County Jail as Johnny Martinez’s representative. Defendant Brenda Vanessa Campos Martinez served as a secretary for Johnny Martinez, and defendant Danielle Canales served in a similar capacity for Johnny Martinez and Cooper. The violent crimes alleged against the OC Mexican Mafia include:

• the Jan. 19, 2017, armed robbery and shooting death of R.R.;
• the Aug. 21, 2017, shooting death of R.V., who was shot seven times in the back of the head and body, and left dead on the street in Orange;
• the Aug. 5, 2017, attempted murder of defendant Munoz, who had fallen out of favor with the OC Mexican Mafia and was shot seven times;
• the Dec. 1, 2017, attempted murder of D.D., a representative of a Latino street gang, who was allegedly abusing his power and authority within the OC Mexican Mafia enterprise;
• the Dec. 12, 2017, attempted murder of E.O., an OC Mexican Mafia associate incarcerated at Calipatria State Prison, who was believed to have violated the OC Mexican Mafia’s code by warning individuals that they were targeted for violence by the OC Mexican Mafia, and who suffered multiple injuries, including puncture wounds to his torso;
• the Dec. 25, 2017, attempted murder of R.M. for showing disrespect to defendant Johnny Martinez;
• the July 29, 2020, attempted murder of F.B., a member of an Orange County Latino street gang incarcerated at the Theo Lacy Facility, who was targeted because he purportedly claimed that he would speak to law enforcement about the Mexican Mafia, and whose throat was slit; and
• two murder attempts on Jan. 5, 2018, and Dec. 31, 2019, of defendant Cooper, who had fallen out of favor with defendants Johnny Martinez and Aguirre, and who in one incident was stabbed multiple times in the head and back area, and in the second was cut in the throat and face.

          In addition to these alleged violent acts, law enforcement investigated the OC Mexican Mafia’s methamphetamine and heroin trafficking activities on the streets, as well as in the prisons and jails. Authorities conducted multiple undercover purchases of methamphetamine and heroin from OC Mexican Mafia associates who were selling narcotics on behalf of Johnny Martinez and the OC Mexican Mafia.

          “The Santa Ana Police Department is committed to working alongside local, state, and federal law enforcement partners to ensure that violent, career criminals are incarcerated and are brought to justice,” said Santa Ana Police Chief David Valentin. “Today’s operation was a result of years of dedicated investigation into some of the most dangerous gang members that plague our communities.”

          “Today’s arrests are the culmination of a multi-year investigation that IRS-CI is proud to be a part of”, said IRS Criminal Investigation Special Agent in Charge Ryan L. Korner. “The subjects of this investigation engaged is some of the most horrific acts imaginable, and we are glad to have done our part to help end their corrupt influence over our community.”

          Out of the 31 defendants charged in the indictment, 21 were already in custody, and nine were arrested last night and this morning. Those arrested today are expected to be arraigned this afternoon in United States District Court in Santa Ana, and those already in custody will make initial appearances once each defendant is in federal custody.

          The RICO statute provides for a maximum penalty of 20 years’ imprisonment for acts performed as part of the criminal organization. The VICAR statute provides for a mandatory sentence of life imprisonment for murder, a maximum sentence of 20 years for assault with a dangerous weapon, a maximum sentence of 10 years for attempted murder, and a maximum sentence of three years for attempted assault with a dangerous weapon. The charge of possessing, using, carrying, and discharging a firearm in furtherance of/during and in relation to a crime of violence carries a maximum sentence of life, with a mandatory sentence of at least five years and up to 10 years. The charge of causing death using a firearm carries a maximum sentence of life. Distribution and possession with intent to distribute methamphetamine and heroin carries a maximum sentence of life, and a mandatory minimum sentence of at least five years and up to 10 years. Felon in possession of a firearm or ammunition carries a maximum sentence of 10 years’ imprisonment. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

          The FBI; the DEA; the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); IRS-Criminal Investigation; the Santa Ana Police Department; the Anaheim Police Department; the Fullerton Police Department; the Orange Police Department; the Placentia Police Department; the Orange County Sheriff’s Department; the Orange County Probation Department; the Orange County District Attorney’s Office; and the California Department of Corrections and Rehabilitation are investigating the case.

          Assistant U.S. Attorneys Daniel Ahn, Gregory Scally and Gregory Staples of the Santa Ana Branch Office, and Justice Department Trial Attorneys Marianne Shelvey and Danbee Kim of the Criminal Division’s Organized Crime and Gang Section are prosecuting this case.

          An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Source: United States Department of Justice News

ALBANY, Ga. – A former U.S. Air Force servicemember previously stationed at Moody Air Force Base admitted he possessed child sexual assault materials resulting from a Project Safe Childhood case.

Ricardo Garcia, 25, of Valdosta, Georgia, pleaded guilty to two counts of possessing of child pornography before U.S. District Judge Louis Sands on April 26. Garcia faces a maximum of 20 years of imprisonment to be followed by five years to life of supervised release and a maximum $250,000 fine per count. In addition, Garcia will have to register as a sex offender upon his release from federal prison. There is no parole. Sentencing has been scheduled for July 26, at the Albany, Georgia, federal courthouse.

“Downloading child sexual assault material is a hideous crime against the most innocent people in our society. Our office will pursue federal prosecution against these types of child predators,” said U.S. Attorney Peter D. Leary. “The successful outcome in this case—and others like it—is the direct result of a cohesive response from a mixture of caring citizens, responsible businesses, child advocacy groups, plus local, state and federal law enforcement. Rooting out child predators and bringing them to justice takes all of us.”

“This sentence sends the message to Garcia and others like him that relish in the horrific images of children being abused, that we are determined to find you and ensure you face justice,” said Special Agent in Charge Katrina W. Berger, who oversees Homeland Security Investigations (HSI) operations in Georgia and Alabama. “HSI and its law enforcement partners are committed to protecting our most vulnerable population from exploitation.”

According to court documents and evidence submitted in court, the Lowndes County Sheriff’s Office received a tip from the National Center for Missing and Exploited Children (NCMEC) via the Georgia Bureau of Investigation (GBI) Internet Crimes Against Children (ICAC) Task Force in August 2020. The tip revealed Dropbox, Inc. captured an upload of two child pornography videos, which an investigation ultimately revealed belonged to Garcia. A search warrant was executed at Garcia’s Valdosta, Georgia, apartment on Sept. 11, 2020, and a number of electronic devices were seized. A forensic investigation found Garcia’s Dropbox contained approximately 15,000 images and 40 videos of child sexual assault material. The images contained child victims including infants, toddlers, prepubescent and teens. They also contained bondage, bestiality and sodomy.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

The case was investigated by the U.S. Department of Homeland Security (HSI) with assistance from and the Lowndes County Sheriff’s Office, GBI and the National Center for Missing and Exploited Children (NCMEC).

Assistant U.S. Attorney Katelyn Semales is prosecuting the case.

Source: United States Department of Justice News

LEXINGTON, Ky.- Rosario Diaz Barraza, 32, of Phoenix, Ariz., and Ramon Camacho Zepeda, 54, of Lexington, were convicted by a federal court jury on Wednesday, of conspiracy to commit kidnapping and interstate transportation of stolen automobiles, following a 7-day trial.  A third defendant, John Carlos Betancourt, 27, of Penuelas, Puerto Rico, was convicted of the interstate transportation of stolen vehicles.           

According to evidence presented at trial, the charges stemmed from the kidnapping of two individuals, identified in court records as J.O. and M.A.T.O.  Both victims were killed during the commission of the kidnapping.  Their bodies were discovered in the trunk of a Volkswagen Jetta, on September 11, 2017, at 430 Blue Sky Parkway in Lexington.  The location was an automotive repair business owned by J.O.  Two vehicles belonging to J.O. were stolen during the offenses and transported to Wilkes-Barre, Pennsylvania.  Evidence presented at trial included that Camacho Zepeda and Diaz Barraza were distributing kilogram quantities of cocaine and heroin in Lexington, and that J.O. had allegedly incurred a debt to them based on his involvement in the drug trafficking.  Testimony by a pathologist from the Kentucky Medical Examiner’s Office showed that J.O.’s cause of death was attributed to “chop wounds” to the head and asphyxiation.  The second victim, M.A.T.O., died from asphyxiation.

Two other defendants, Jose Felix Tlatenchi, 39, also of Wilkes-Barre, and Jean Michael Serrano-Jimenez, 31, of Hanover Township, Penn., previously entered guilty pleas relating to their involvement.  Serrano-Jimenez pled guilty as charged to conspiracy to commit kidnapping, while Tlatenchi pled guilty as an accessory after the fact to the kidnappings.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; J. Todd Scott, DEA, Louisville Field Office; Colonel Phillip Burnett, Commissioner, Kentucky State Police; and Chief Lawrence Weathers, Lexington Police Department, jointly announced the verdict.

The lengthy investigation was conducted primarily by the Lexington Police Department, the Drug Enforcement Administration, and the Kentucky State Police.  Multiple additional law enforcement agencies also provided valuable assistance, including the Wilkes-Barre, Pennsylvania Police Department, the Reading, Pennsylvania Police Department, the Pennsylvania State Police, the New York City Police Department, the Harlingen, Texas Police Department and Homeland Security Investigations.  The United States was represented in the case by Assistant U.S. Attorneys Todd Bradbury and Francisco Villalobos.

Serrano-Jimenez is scheduled for sentencing on May 12, 2022.  Tlatenchi is scheduled for sentencing on July 7, 2022.  Diaz Barraza, Camacho Zepeda and Betancourt are all scheduled for sentencing on July 25, 2022.  Diaz Barraza, Camacho Zepeda, and Serrano-Jimenez face a maximum sentence of life imprisonment.  Tlatenchi faces up to 15 years and Betancourt up to 10 years.  However, the Court must consider the U.S. Sentencing Guidelines and the applicable federal sentencing statutes before imposing its sentence.

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Source: United States Department of Justice News

PROVIDENCE – A North Attleboro, MA, resident convicted of leading a conspiracy to import significant quantities of steroids and distribute them across the United States was sentenced Tuesday in the U.S. District Court in Providence to six years in federal prison.

David M. Esser, 48, arranged for the importation of raw steroids from international suppliers, primarily based in Hong Kong. The steroids were, at Esser’s direction, shipped directly to various locations in the United States where individuals “cooked” the raw steroid product into liquid form; packaged the final product into pills and vials; and shipped the products to a stash house in North Attleboro. From there, Esser and others shipped the products to customers throughout the United States.

First arrested in February 2020, Esser was arrested for a second time ten months later when,  while awaiting trial, he resumed the sale, packaging, and distribution of anabolic steroids with co-conspirators in Virginia, Texas, and elsewhere in the United States.

“David Esser oversaw every aspect of a sprawling drug operation in which he and his confederates prepared and shipped massive quantities of illegal anabolic steroids throughout the nation, and funneled his profits into real estate, cryptocurrency, and a luxury lifestyle, persisting in his crimes even after his initial arrest and pretrial release,” said U.S. Attorney Cunha. “Not only did his actions put thousands of his customers at risk, but they also reflect a breathtaking disregard for the law, both of which are appropriately answered by the significant sentence meted out by the Court.”

“Esser pursued his criminal enterprise and quest for profit— even after his first arrest in early 2020—trafficking illegal steroids manufactured by the network he oversaw. Complex cases like this require collaboration and HSI is grateful to our partners for their assistance on this case,” said Matthew Millhollin, Special Agent in Charge for the Homeland Security Investigations’ New England Field Office.

Esser pleaded guilty on March 23, 2021, to conspiracy to distribute anabolic steroids, conspiracy to distribute anabolic steroids while on (pre-trial) release, and money laundering. He was sentenced on Tuesday by U.S. District Court Chief Judge John J. McConnell, Jr., to 72 months in federal prison to be followed by 3 years of federal supervised release and a fine of $10,000.

In addition to the fine, Esser will forfeit $414,600 in proceeds realized from his criminal conduct as well as all interest in cryptocurrency that he owns or in which he has an interest.

The case was prosecuted by Assistant United States Attorney Christine D. Lowell.

United States Attorney Cunha thanks the Homeland Security Investigations Agents in the Providence, Boston, Houston, and Winston-Salem Offices; United States Postal Inspection Service; Alamance County North Carolina Narcotics Enforcement Team; U.S. Food and Drug Administration; Internal Revenue Service Criminal Investigation; DEA Agents in Norfolk, Virginia; Rhode Island State Police; and the North Attleboro and Mansfield Police Departments for their assistance in the investigation of this matter and arrest of defendants charged in this matter.

Mr. Cunha also acknowledges and thanks the United States Attorney’s Office in the Eastern District of Virginia for their valuable assistance in the preparation for the prosecution of this case.

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Source: United States Department of Justice News

Acting U.S. Attorney Michelle M. Baeppler announced that a federal jury returned a guilty verdict on Tuesday, April 26, 2022,  against Defendant Jeffery Grandberry, 38, of Elyria, Ohio, following a two-day trial before Judge Sara Lioi in Akron.  Grandberry was convicted of being a felon in possession of ammunition.

According to court documents, on June 6, 2021, officers with the Elyria Police Department arrived at an Elyria-area bar after receiving reports of a disturbance concerning an individual who had fired a gun in the establishment’s parking lot.  Witnesses told officers that an individual, later identified as Grandberry, became involved in an altercation, brandished a semiautomatic weapon and then fired one shot into the air while in the parking lot. 

Officers reviewed video footage of the incident, searched the parking lot and located a single spent 9mm casing.

Grandberry is prohibited from possessing a firearm due to previous convictions of attempted murder and felonious assault, aggravated burglary, burglary and assault on a police officer, all in the Lorain County Common Pleas Court.

This case was investigated by the Elyria Police Department and the FBI.  This case is being prosecuted by Assistant U.S. Attorney Scott Zarzycki.