Case 3:10-cr-00435-PG Document 3 Filed 11/15/10 Page 1 of 57
`
`oo
`
`CLERK
`
`E
`
`CRIMINAL
`
`Title 21, U.S.C. § § 841, 846, 848
`Title 21, U.S.C. § § 952, 963
`Title 21, U.S.C. § 853
`Title 21, U.S.C. § 881
`Title 18, U.S.C. §§ 1956, 1957
`Title 18, U.S.C. § 982
`Title 18, U.S.C. § 2
`Title 18, U.S.C. § 922
`
`(TWELVE COUNTS &
`FORFEITURE ALLEGATIONS)
`
`
`
`IN THE UNITED STATES DISTRICT COURT F i | AECEIVED:
`
`DISTRICT OFPUERTO RICO
`fronaf.
`» ERLED
`UNITED STATESofAMERICA,
`= HOY 5 abit
`
`
`‘EB psbistaicyCOUIRT
`Plaintiff,
`
`HATO/as,2
` SON
`VIOLATIONS: CirFETT
`
`SiR
`
`eas
`
`V.
`
`[1] JOSE DAVID FIGUEROA AGOSTO,
`ada. “Junior Capsula”; “Junior”; “E1 Loco”;
`“La Novia”; “El Domi”; “Phillip”; “Angel F.
`Rosa Rivera”; “Felipe Rodriguez De La Rosa”;
`“Christian Almonte Peguero”; “Ramon
`Sanchez”; “Billy Ojeda Agosto”,
`(Counts I-5),
`[2] JOSE MIGUEL MARRERO MARTELL,
`a.k.a. “Pito Nariz”; “Pito”; Elvin A. Medina
`Velazquez”,
`(Counts 1,2 &8),
`[3] JORGE LUIS FIGUEROA AGOSTO,
`a.k.a. “Luis”; “El Viejo”,
`(Counts 1,2 & 10),
`[4] EDDY BRITO MARTINEZ,
`(Counts I & 2),
`[5] DIEGO PEREZ COLON,
`a.k.a. “Dieguito”; “El Flaco”,
`(Counts I & 2),
`[6] SIXTO BOSCHETTI DAVILA,
`aka. “Pichy”,
`(Counts I & 2),
`[7] KAREEM BOSCHETTI DAVILA,
`(Counts 1, 2 & 5),
`[8] ELIER MARTINEZ DELGADO,
`aka. “El Cubano”
`(Counts 1& 2),
`[9] RAFAEL MOLINA PADRO,
`a.k.a. “Wengro”, “Wingo”, “Wingro”,
`(Counts 1,2, 5 & 9),
`j10] IVAN CRESPO TALAVERA,
`a.k.a. “Hawaiian”,
`(Counts 1, 2, 5 & 7),
`[11] RAUL GONZALEZ DIAZ,
`a.k.a. “Roy”,
`(Counts I, 2, 5,6 & 12),
`[12] CARLOS TORRES LANDRODA,
`a.k.a. “Carlitos”,
`(Counts I, 2 & 5),
`
`
`
`oo
`
`CLERK
`
`E
`
`CRIMINAL
`
`Title 21, U.S.C. § § 841, 846, 848
`Title 21, U.S.C. § § 952, 963
`Title 21, U.S.C. § 853
`Title 21, U.S.C. § 881
`Title 18, U.S.C. §§ 1956, 1957
`Title 18, U.S.C. § 982
`Title 18, U.S.C. § 2
`Title 18, U.S.C. § 922
`
`(TWELVE COUNTS &
`FORFEITURE ALLEGATIONS)
`
`
`
`IN THE UNITED STATES DISTRICT COURT F i | AECEIVED:
`
`DISTRICT OFPUERTO RICO
`fronaf.
`» ERLED
`UNITED STATESofAMERICA,
`= HOY 5 abit
`
`
`‘EB psbistaicyCOUIRT
`Plaintiff,
`
`HATO/as,2
` SON
`VIOLATIONS: CirFETT
`
`SiR
`
`eas
`
`V.
`
`[1] JOSE DAVID FIGUEROA AGOSTO,
`ada. “Junior Capsula”; “Junior”; “E1 Loco”;
`“La Novia”; “El Domi”; “Phillip”; “Angel F.
`Rosa Rivera”; “Felipe Rodriguez De La Rosa”;
`“Christian Almonte Peguero”; “Ramon
`Sanchez”; “Billy Ojeda Agosto”,
`(Counts I-5),
`[2] JOSE MIGUEL MARRERO MARTELL,
`a.k.a. “Pito Nariz”; “Pito”; Elvin A. Medina
`Velazquez”,
`(Counts 1,2 &8),
`[3] JORGE LUIS FIGUEROA AGOSTO,
`a.k.a. “Luis”; “El Viejo”,
`(Counts 1,2 & 10),
`[4] EDDY BRITO MARTINEZ,
`(Counts I & 2),
`[5] DIEGO PEREZ COLON,
`a.k.a. “Dieguito”; “El Flaco”,
`(Counts I & 2),
`[6] SIXTO BOSCHETTI DAVILA,
`aka. “Pichy”,
`(Counts I & 2),
`[7] KAREEM BOSCHETTI DAVILA,
`(Counts 1, 2 & 5),
`[8] ELIER MARTINEZ DELGADO,
`aka. “El Cubano”
`(Counts 1& 2),
`[9] RAFAEL MOLINA PADRO,
`a.k.a. “Wengro”, “Wingo”, “Wingro”,
`(Counts 1,2, 5 & 9),
`j10] IVAN CRESPO TALAVERA,
`a.k.a. “Hawaiian”,
`(Counts 1, 2, 5 & 7),
`[11] RAUL GONZALEZ DIAZ,
`a.k.a. “Roy”,
`(Counts I, 2, 5,6 & 12),
`[12] CARLOS TORRES LANDRODA,
`a.k.a. “Carlitos”,
`(Counts I, 2 & 5),
`
`
`
`
`
`Case 3:10-cr-00435-PG Document 3 Filed 11/15/10 Page 2 of 57
`Case 3:10-cr-00435-PG Document3 Filed 11/15/10 Page 2 of 57
`
`.
`fadictinent
`United States v. Jose Figueroa Agosto, ef al.
`
`[13] HECTOR RAMOS ROSADO,
`a.k.a, “Paito”,
`(Counts I & 2),
`[14] JONATHAN VEGA BERRIOS,
`a.k.a. “Tango”; “Tanko”; “Hermanos Dengue”,
`(Counts I & 2),
`[15] JOEL VEGA BERRIOS,
`a.k.a. “Hermanos Dengue”,
`(Counts I & 2),
`[16] GERARDO AMARO RODRIGUEZ,
`a.k.a. “Gordo”, “Amaro”,
`(Counts I & 2),
`[17] MOISES TORRES PAGAN,
`(Counts 5 & 11),
`Defendants.
`
`
`
`THE GRAND JURY CHARGES:
`
`COUNT ONE
`
`Title 21, United States Code, Section 963
`to Import Narcetics into the Customs Territory of
`
`
`the United States
`
`Beginning in or about 2005, and ending in oraboutJuly of 2010, in the District of Puerto Rico,
`
`the Dominican Republic, the high seas, and within the jurisdiction of this Court,
`
`[1] JOSE FIGUEROA AGOSTO,
`[2] JOSE MARRERO MARTELL,
`[3] JORGE FIGUEROA AGOSTO,
`[4] EDDY BRITO MARTINEZ,
`[5] DIEGO PEREZ COLON,
`[6] SIXTO BOSCHETTI DAVILA,
`[7] KAREEM BOSCHETTI DAVILA,
`[8] ELIER MARTINEZ DELGADO,
`[9] RAFAEL MOLINA PADRO,
`[10] IVAN CRESPO TALAVERA,
`[11] RAUL GONZALEZ DIAZ,
`[12] CARLOS TORRES LANDRUA,
`[13] HECTOR RAMOS ROSADO,
`
`2
`
`
`
`Case 3:10-cr-00435-PG Document 3 Filed 11/15/10 Page 3 of 57
`Case 3:10-cr-00435-PG Document3 Filed 11/15/10 Page 3 of 57
`
`.
`Indictment
`United States v. Jose Figueroa Agosto, et al.
`
`j14] JONATHAN VEGA BERRIOS,
`[15] JOEL VEGA BERRIOS,
`[16] GERARDO AMARO RODRIGUEZ,
`
`the defendants herein, did knowingly and intentionally combine, conspire, confederate and agree together
`
`with eachother, and with other persons known and unknownto the Grand Jury, to commit the following
`
`offense against the United States: to importinto the customsterritory of the United States, from places
`
`outside thereof, five (5) kilograms or more of cocaine, a Schedule II, Narcotic Drug Controlled
`
`Substance, in violation of Title 21, United States Code, Section 952(a).
`
`OBJECT OF THE CONSPIRACY
`
`The object of the conspiracy was to import controlled substances, mainly cocaine, into Puerto
`
`Rico from places outside of the United States, mainly the Dominican Republic, all for significant
`
`financial gain and profit.
`
`MANNER AND MEANS OF THE CONSPIRACY
`
`The mannerand meansby whichthe defendants andtheir co-conspirators would accomplish and
`
`further the object of the conspiracy, among others, included the following:
`
`1.
`
`It was part of the manner and meansof the conspiracy that defendants and their co-
`
`conspirators assumed various roles within the DTO in orderto further the object of the conspiracy,
`
`including but not limited to: (a) leaders; (b) transporters; and (c) facilitators.
`
`2.
`
`It was further a manner and meansof the conspiracy that the defendants and their co-
`
`conspirators would arrange for the transportation of large amounts of cocaine from the Dominican
`
`Republic to Puerto Rico on board motor vessels.
`
`3.
`
`It was further a manner and meansofthe conspiracy that the defendants and theirco-
`
`
`
`
`
`Case 3:10-cr-00435-PG Document 3 Filed 11/15/10 Page 4 of 57
`Case 3:10-cr-00435-PG Document3 Filed 11/15/10 Page 4 of 57
`
`.
`Indictment
`United States ¥. Jose Figueroa Agosto,et al.
`
`conspirators would select discrete locations to offload the shipments of cocaine within Puerto Rico.
`
`4,
`
`It was further a manner and meansofthe conspiracy that the defendants and their co-
`
`conspirators would store and protect the narcotics and narcotics proceeds within Puerto Rico.
`
`5.
`
`It was a further a manner and means of the conspiracy that once the narcotics were
`
`transported into Puerto Rico, someofthe narcotics would beresold for profit and some would be further
`
`transported to the continental United States for eventualresale.
`
`6.
`
`It was further a manner and meansof the conspiracy that the defendants and their co-
`
`conspirators would attempt to create the appearance that their narcotics proceeds were legitimate by
`
`purchasing legitimate assets, including but not limited to real estate properties, motor vehicles, vessels
`
`and businesses through the use of “straw owners”or“jockeys”, with the objective of concealing the true
`
`ownership of the assets, and the illegal source of the funds used to make the purchases.
`
`7.
`
`It was further a manner and meansofthe conspiracythat the defendants and their co-
`
`conspirators would recruit andhire individuals with qualifying credit ratings to act as straw owners for
`
`motorvessels used by members of the conspiracy.
`
`8.
`
`It was further a manner and meansof the conspiracy that the defendants and their co-
`
`conspirators would purchase assets, utilize nominee bank accounts to deposit narcotics proceeds, and
`
`make payments for services with cash and moneyorders,in orderto: (a) conceal the true ownership of
`
`the assets; (b) conceal the source of the funds; and (c) avoid tracing by financial institutions and civil
`
`and criminal authorities, and protect their interest in the properties.
`
`9,
`
`It was further a manner and meansof the conspiracythat the defendants and their co-
`
`
`
`Case 3:10-cr-00435-PG Document 3 Filed 11/15/10 Page 5 of 57
`Case 3:10-cr-00435-PG Document3 Filed 11/15/10 Page 5 of 57
`
`Indictment
`United States v. Jose Figueraa Agosto, et al.
`
`conspirators would send bulk shipments of narcotics proceeds to the Dominican Republic,rather than
`
`using traditional financial transactions that would have left a papertrail and triggered financial reporting
`
`requirements.
`
`10.
`
`‘It was part of the manner and means of the conspiracy that the defendants and their
`
`co-conspirators would utilize narcotics proceeds to purchase winning tickets from the Puerto Rico
`
`Traditional Lottery salesmen in order to create the appearance that they had legitimately purchased the
`
`winning lottery ticket.
`
`11.
`
`It was further a manner and meansof the conspiracy that the defendants and their co-
`
`conspirators did conceal andhide, and cause to be concealed and hidden, the manner and means and acts
`
`done in furtherance of the conspiracy, and did use counter-surveillance and other means to avoid
`
`detection and apprehension by law enforcement authorities.
`
`ROLES OF THE MEMBERS OF THE CONSPIRACY
`
`(a)
`
`Leaders
`
`The leaders controlled the importation, storage and eventual distribution of the narcotics in
`
`Puerto Rico and the Continental United States. They were also the eventual recipients of the proceeds
`
`of drug sales.
`
`The following co-conspirators acted as leaders in this organization: [1] JOSE FIGUEROA
`
`AGOSTO,[2] JOSE MARRERO MARTELL,[3] JORGE FIGUEROA AGOSTO,and [4] EDDY
`
`BRITO MARTINEZ.
`
`
`
`Case 3:10-cr-00435-PG Document 3 Filed 11/15/10 Page 6 of 57
`Case 3:10-cr-00435-PG Document3 Filed 11/15/10 Page 6 of 57
`
`ludictment
`United States v. Jose Figueraa Agosto, et al.
`
`(b)
`
`Transporters
`
`The transporters were responsible for the transportation of narcotics from places outside of the
`
`United States into Puerto Rico on board motorvessels. Many of the transporters purchased luxurious
`
`motorvessels in orderto transport the narcotics into Puerto Rico.
`
`The following co-conspirators acted as transporters in this organization: [5] DIEGO PEREZ
`
`COLON,[6] SIXTO BOSCHETTI DAVILA,[7]KAREEM BOSCHETTI DAVILA,[8] ELIER
`
`MARTINEZ DELGADO,[9] RAFAEL MOLINA PADRO,[10] IVAN CRESPO TALAVERA,
`
`[11] RAUL GONZALEZ DIAZ, [12] CARLOS TORRES LANDRUA,[13] HECTOR RAMOS
`
`ROSADO,[14] JONATHAN VEGA BERRIOS,[15] JOEL VEGA BERRIOS.
`
`(e}
`
`Facilitators
`
`Facilitators furthered the manner and meansofthe drug trafficking organization in assisting with
`
`the: (i) placement, (ii) layering and (ili) integration of the organization’s narcotics proceeds within the
`
`legitimate economic and financial systems.
`
`The following co-conspirators acted as facilitators in this organization: [16] GERARDO
`
`AMARO RODRIGUEZ.
`
`All
`
`in violation of Title 21, United States Code, Section 963.
`
`COUNTTWO
`
`
`Title 21, United States Code, Section 846
`Conspiracy to Possess with Intent to Distribute Controlled Substances
`
`Beginning in or about 2005, and endingin or about July of 2010, in the District of Puerto Rico,
`
`the Dominican Republic, the high seas, and within the jurisdiction of this Court,
`
`6
`
`
`
`Case 3:10-cr-00435-PG Document 3 Filed 11/15/10 Page 7 of 57
`Case 3:10-cr-00435-PG Document3 Filed 11/15/10 Page 7 of 57
`
`;
`fndictinent
`United States y. Jose Figueroa Agoste,ef al.
`
`[1] JOSE FIGUEROA AGOSTO,
`[2] JOSE MARRERO MARTELL,
`[3] JORGE FIGUEROA AGOSTO,
`[4] EDDY BRITO MARTINEZ,
`[5] DIEGO PEREZ COLON,
`[6] SIXTO BOSCHETTI DAVILA,
`[7] KAREEM BOSCHETTI DAVILA,
`[8] ELIER MARTINEZ DELGADO,
`[9] RAFAEL MOLINA PADRO,
`[10] IVAN CRESPO TALAVERA,
`[11] RAUL GONZALEZ DIAZ,
`[12] CARLOS TORRES LANDRUA,
`113] HECTOR RAMOS ROSADO,
`[14] JONATHAN VEGA BERRIOS,
`[15] JOEL VEGA BERRIOS,
`[16] GERARDO AMARO RODRIGUEZ,
`
`the defendants herein, did knowingly and intentionally combine, conspire, confederate and agree with
`
`each other, and with other persons known and unknown to the Grand Jury, to commit the following
`
`offense against the United States: to possess with intent to distribute five (5) kilograms or more of
`
`cocaine, a Schedule I, Narcotic Drug Controlled Substance, in violation ofTitle 21, United States Code,
`
`Section 841(a}(1). All in violation of Title 21, United States Code, Section 846.
`
`COUNT THREE
`
`Title 21, United States Code, Section 848
`Continuing Criminal Enterprise
`
`Fromin or about the year 1994, continuing up to and until July 17, 2010, in the District ofPuerto
`
`Rico, New York, Venezuela, Colombia, the Dominican Republic, on the high seas, elsewhere and within
`
`the jurisdiction of this Court,
`
`ji] JOSE FIGUEROA AGOSTO,
`
`
`
`Case 3:10-cr-00435-PG Document 3 Filed 11/15/10 Page 8 of 57
`Case 3:10-cr-00435-PG Document3 Filed 11/15/10 Page 8 of 57
`
`.
`Indictment
`United States v. Figueroa Agoste,
`
`the defendantherein, did knowingly and unlawfully engage in a continuing criminal enterprise, in that
`
`he committed violations of Title 21, United States Code, Sections 841, 846, 952 and 963 as detailed
`
`below, whichviolations were part of a continuing series of violations ofthe Controlled Substances Act,
`
`Title 21, United States Code, Section 801, ef. seg., undertaken by the defendant [1] JOSE FIGUEROA
`
`AGOSTOin concert with five or more other persons, with respect to whom [1] JOSE FIGUEROA
`
`AGOSTOoccupied a position of organizer, supervisor and manager, and from which continuing series
`
`of violations [1] JOSE FIGUEROA AGOSTOobtained substantial income and resources.
`
`Furthermore, [1] JOSE FIGUEROA AGOSTOwasthe a principal administrator, organizer,
`
`supervisorandleaderofthe criminal enterprise, which involved the possession withintent to distribute
`
`and importation of a mixture or substance containing a detectable amount of cocaine, a ScheduleI],
`
`Narcotic Drug Controlled Substance, and the amountof said mixture or substance wasin excess ofone-
`hundred andfifty (150) kilograms,that is: three-hundred (300) times the quantity ofsubstance listed in
`
`Title 21, United States Code, Section 841(b)(1)(B).
`
`GENERAL ALLEGATIONS
`
`L,
`
`At times relevant to this Indictment, JOSE FIGUEROA AGOSTO, a.k.a, “Junior
`
`Capsula”; “Junior”; “El Loco”;“La Novia”; “El Domi”; “Phillip”; “Angel F. Rosa Rivera”;
`
`“Felipe Rodriguez De La Rosa”; “Christian Almonte Peguero”; “Ramon Sanchez”; “Billy Ojeda
`
`Agosto”, was a United States citizen, born in Bayamon, Puerto Rico.
`
`
`
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`
`Litess eeron Ags
`
`3,
`
`On November5, 1999, [1] JOSE FIGUEROA AGOSTOutilized false documents to
`
`escape froma correctional facility of the Commonwealth of Puerto Rico.
`
`4,
`
`In late1999, [1] JOSE FIGUEROA AGOSTOobtained a fraudulent United States
`
`passport, bearing the name Angel F. Rosa Rivera, and subsequently fled to the Dominican Republic in
`
`orderto evade arrest and continue his narcotics trafficking enterprise.
`
`OBJECT OF THE ENTERPRISE
`
`The object of the Continuing Criminal Enterprise was to smuggle, import, offload, purchase,
`
`transport, distribute, and supplycontrolled substances within Puerto Rico and the Continental United
`
`States all for significant financial gain and profit.
`
`MANNER AND MEANS OF THE ENTERPRISE
`
`The mannerand meansby whichthe defendant and his associates would accomplish and further
`
`the objects of the enterprise, among others, included the following:
`
`a.
`
`It was part of the manner and meansof the enterprise that [1] JOSE FIGUEROA
`
`AGOSTOandhis associates would smuggle, import, offload, purchase, transport, distribute, conceal,
`
`and invest in large quantities of controlled substances, including cocaine and heroin;
`
`b.
`
`It was part of the manner and means of the enterprise that [1] JOSE FIGUEROA
`
`AGOSTOandhis associates would reap profits from the sale of these controlled substances;
`
`c.
`
`It was part of the manner and means of the enterprise that [1] JOSE FIGUEROA
`
`AGOSTOandhis associates would invest these profits in additional drug trafficking activities;
`
`d.
`
`It was part of the manner and means of the enterprise that [I] JOSE FIGUEROA
`
`AGOSTOandhis associates would launderthese profits in an effort to legitimize the drug proceeds,
`
`reap additional profits, and further the enterprise;
`
`
`
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`Case 3:10-cr-00435-PG Document 3 Filed 11/15/10 Page 10 of 57
`
`€.
`
`It was part of the manner and means ofthe enterprise that [1] JOSE FIGUEROA
`
`AGOSTOand his associates would travel, and use facilities, in interstate and foreign commerce, with
`
`the intent to commit drug trafficking crimes against the United States;
`
`f.
`
`It was part of the manner and means of the enterprise that [1] JOSE FIGUEROA
`
`AGOSTOandhis associates would travel, and use facilities in interstate and foreign commerce, with
`
`the intent to promote, manage,establish, carry on and furtherthe enterprise;
`
`g.
`
`It was part of the manner and means of the enterprise that [I] JOSE FIGUEROA
`
`AGOSTOandhis associates wouldtravel, and use facilities in interstate and foreign commerce, in order
`
`to distribute the proceeds of drug trafficking and money laundering;
`
`h,
`
`It was part of the manner and means of the enterprise that [1] JOSE FIGUEROA
`
`AGOSTOandhis associates would purchase and rent real estate properties for the purpose oforganizing
`
`and storing narcotics and the proceedsoftheir drug trafficking;
`
`i.
`
`It was part of the manner and means of the enterprise that [1] JOSE FIGUEROA
`
`AGOSTOandhis associates would utilize a variety of contacts and sources to obtain, transport, ship,
`
`smuggle, off-load and distribute large quantities of controlled substances;
`
`j.
`
`It was part of the manner and means of the enterprise that [1] JOSE FIGUEROA
`
`AGOSTOand his associates would directly take part in the smuggling, off-loading, transporting,
`
`storing, distributing and concealing of controlled substances, and would indirectly take part by
`
`employing others to do so;
`
`k.
`
`It was part of the manner and means of the enterprise that [1] JOSE FIGUEROA
`
`AGOSTOandhis associates would arrange for motor vessels and other types of transportation to
`
`transport controlled substances;
`
`
`
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`Case 3:10-cr-00435-PG Document3 Filed 11/15/10 Page 11 of 57
`
`UnitedSates ». FigueroaAgosto
`
`I.
`
`It was part of the manner and means of the enterprise that [1] JOSE FIGUEROA
`
`AGOSTOandhis associates would promote the unlawful drug trafficking and related money laundering
`
`activity by conducting financial transactions;
`
`m,
`
`It was part of the manner and means of the enterprise that [1] JOSE FIGUEROA
`
`AGOSTOandhis associates would conceal and disguise the nature, location, source, ownership and
`
`control of the illegal proceeds obtained fromdrugtrafficking;
`n,
`It was part of the manner and means of the enterprise that [1] JOSE FIGUEROA
`
`AGOSTOand his associates would avoid transaction reporting requirements regarding financial
`
`transactions, and to cause financial institutions to do the same;
`
`o.
`
`It was part of the manner and means of the enterprise that [1] JOSE FIGUEROA
`
`AGOSTOandhisassociates would avoid paying incometaxes on millions ofdollars ofdrug trafficking
`
`income;
`
`p.
`
`It was part of the manner and means of the enterprise that [1] JOSE FIGUEROA
`
`AGOSTOandhis associates would acquire real estate and other valuable assets with the proceeds of
`
`drug trafficking income;
`
`q.
`
`It was part of the manner and meansof the enterprise that [1] JOSE FIGUEROA
`
`AGOSTOand his associates would create and use fictitious and misleading identities, identity
`
`documents, and to change physical appearances,in orderto aid in traveling, conducting business, and
`
`maintaining a lavish lifestyle;
`
`r.
`
`It was part of the manner and means of the enterprise that [1] JOSE FIGUEROA
`
`AGOSTOandhis associates would makeillegal payments to corrupt law enforcement authorities to
`
`further their enterprise and to avoid detection;
`
`
`
`Case 3:10-cr-00435-PG Document 3 Filed 11/15/10 Page 12 of 57
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`
`.
`Iiddictnent
`United States v. Figueroa Agesto,
`
`S.
`
`It was part of the manner and means ofthe enterprise that [1] JOSE FIGUEROA
`
`AGOSTOand his associates would do all of the above to avoid detection and/or capture by law
`
`enforcement authorities.
`
`SERIES OF DRUG VIOLATIONS
`
`In furtherance ofthe enterprise, and to effect the objects thereof, in Puerto Rico, the Dominican
`
`Republic, Colombia, Venezuela, the Netherlands Antilles, New York,the high seas, and elsewhere, on
`
`or about the dates, times and locations set forth below,[1] JOSE FIGUEROA AGOSTO,the defendant
`
`herein, in concert with his associates and co-conspirators, committed, and caused to be committed, a
`
`continuing series of felony drug violations, including but not limited to, the acts set forth in Predicate
`
`Acts 1- 44,
`
`The following descriptionsofviolations ofTitle 21, United States Code, Sections 841, 846, 952,
`
`963 and Title 18, United States Code, Section 2,are to be applied to Predicate Acts 1 through 44 below,
`
`and are incorporated therein by reference.
`
`Possession with Intent to Distribute Controlled Substances
`Violation of Title 21, United States Code, Section 841 (a)@)
`
`On the approximate dates, times and locations set forth below,
`
`[1] JOSE FIGUEROA
`
`AGOSTO,and his associates, with other persons known and unknown to the Grand Jury, aiding and
`
`abetting one another, did knowingly and intentionally possess with the intent to distribute controlled
`
`substances, in violation of Title 21, United States Code, Section 841i(a)(1), and Title 18, United States
`
`Code, Section 2.
`
`
`
`Case 3:10-cr-00435-PG Document 3 Filed 11/15/10 Page 13 of 57
`Case 3:10-cr-00435-PG Document3 Filed 11/15/10 Page 13 of 57
`
`ladictment
`United States v. Figuerea Agosto,
`
`Attempted Possession with Intent to Distribute Controlled Substances
`Violation of Title 21, United States Code, Section 846
`
`On the approximate dates,
`
`times and locations set forth below, [I] JOSE FIGUEROA
`
`AGOSTO,and his associates, with other persons known and unknownto the Grand Jury, aiding and
`
`abetting one another, did knowingly and intentionally attempt to possess withthe intent to distribute
`
`controlled substances, in violation of Title 21, United States Code, Section 841, 846, and Title 21,
`
`United States Code, Section 2.
`
`Importation of Controlled Substances
`Violation of Title 21, United States Code, Section 952
`
`Onthe approximate dates, times and locations set forth below, JOSE FIGUEROA AGOSTO,
`
`and his associates, with other persons known and unknownto the Grand Jury, aiding and abetting one
`
`another did knowingly and intentionally import into the United States from a place outside thereof,
`
`
`controlled substances, in violation of Title 21, United States Code, Section 952, and Title 18, United
`
`States Code, Section2.
`
`Attempted Importation of Controlled Substances
`Violation of Title 21, United States Code, Section 963
`
`On the approximate dates, times and locations set forth below, JOSE FIGUEROA AGOSTO,
`
`and his associates, with other persons known and unknownto the Grand Jury, aiding and abetting one
`
`another did knowingly and intentionally attempt to import into the United States from a place outside
`
`thereof, controlled substances, in violation of Title 21, United States Code, Section 952, 963 and Title
`
`18, United States Code, Section 2.
`
`
`
`Case 3:10-cr-00435-PG Document 3 Filed 11/15/10 Page 14 of 57
`Case 3:10-cr-00435-PG Document3 Filed 11/15/10 Page 14 of 57
`
`UntiedStates ». FigueroaAgosto
`
`PREDICATE ACT #1
`
`In or about 1994, the specific date unknown to the Grand Jury,
`
`[1] JOSE FIGUEROA
`
`AGOSTOaided and abetted persons known and unknownto the Grand Jury in the possession with
`
`intent to distribute five kilograms or more of cocaine, to wit: approximately 800 kilograms of cocaine
`
`(gross weight) a Schedule II, Narcotic Drug Controiled Substance.
`
`PREDICATE ACT #2
`
`In or about 1994, the specific date unknown to the Grand Jury,
`
`[1] JOSE FIGUEROA
`
`AGOSTOaided and abetted persons known and unknownto the Grand Jury in the importation offive
`
`kilogramsor more ofcocaine,to wit: approximately 800 kilogramsofcocaine (gross weight) a Schedule
`
`il, Narcotic Drug Controlled Substance.
`
`PREDICATE ACT #3
`
`In or about 1994, the specific date unknown to the Grand Jury, [1] JOSE FIGUEROA
`
`AGOSTOaided and abetted persons known and unknown to the Grand Jury in the possession with
`
`intent to distribute five kilograms or more of cocaine, to wit: approximately 700 kilograms of cocaine
`
`(gross weight) a Schedule I, Narcotic Drug Controlled Substance.
`
`PREDICATE ACT#4
`
`In or about 1994, the specific date unknown to the Grand Jury,
`
`[1] JOSE FIGUEROA
`
`AGOSTCOaided and abetted persons known to and unknownthe Grand Juryin the importation offive
`
`kilogramsor more ofcocaine,to wit: approximately 700 kilograms ofcocaine(gross weight) a Schedule
`
`Il, Narcotic Drug Controlled Substance.
`
`
`
`Case 3:10-cr-00435-PG Document 3 Filed 11/15/10 Page 15 of 57
`Case 3:10-cr-00435-PG Document3 Filed 11/15/10 Page 15 of 57
`
`Tidictrrent
`United States v. Figueraa Agoste,
`
`PREDICATE ACT #5
`
`In or about 1994, the specific date unknown to the Grand Jury,
`
`[1] JOSE FIGUEROA
`
`AGOSTOaided and abetted persons known and unknown to the Grand Jury in the possession with
`
`intent to distribute five kilograms or more of cocaine, to wit: approximately 600 kilograms of cocaine
`
`(gross weight) a Schedule IJ, Narcotic Drug Controlled Substance.
`
`PREDICATE ACT #6
`
`In or about 1994, the specific date unknown to the Grand Jury, [1] JOSE FIGUEROA
`
`AGOSTOaided and abetted persons known and unknownto the Grand Jury in the importation of five
`
`kilograms or more ofcocaine, to wit: approximately 600 kilograms ofcocaine (gross weight) a Schedule
`
`Il, Narcotic Drug Controlled Substance.
`
`PREDICATE ACT #7
`
`In or about November 2000,
`
`the specific date unknown to the Grand Jury,
`
`[1] JOSE
`
`FIGUEROA AGOSTOaided and abetted persons known and unknownto the Grand Jury in possession
`
`with intent to distribute of five kilograms or more of cocaine, to wit: approximately 780 kilograms of
`
`cocaine (gross weight) a Schedule II, Narcotic Drug Controlled Substance.
`
`PREDICATE ACT #8
`
`In or about November 2000,
`
`the specific date unknown to the Grand Jury,
`
`[1] JOSE
`
`FIGUEROA AGOSTOaided and abetted persons known and unknownto the Grand Jury in the
`
`importation offive kilograms or more ofcocaine,to wit: approximately 780 kilograms ofcocaine (gross
`
`weight) a Schedule II, Narcotic Drug Controlled Substance.
`
`
`
`Case 3:10-cr-00435-PG Document 3 Filed 11/15/10 Page 16 of 57
`Case 3:10-cr-00435-PG Document3 Filed 11/15/10 Page 16 of 57
`
`Indictment
`United States y. Figueroa Agosto,
`
`PREDICATE ACT #9
`
`On or about November26, 2001, [1] JOSE FIGUEROA AGOSTOaided and abetted persons
`
`knownto the Grand Jury in the attempted possession withintentto distribute offive kilograms or more
`
`of cocaine, to wit: approximately 597 kilograms of cocaine (gross weight) a Schedule II, Narcotic Drug
`
`Controlled Substance.
`
`PREDICATE ACT #10
`
`Onor about November26, 2001, [1] JOSE FIGUEROA AGOSTOaided and abetted persons
`
`known and unknownto the Grand Jury in the attempted importation of five kilograms or more of
`
`cocaine, to wit: approximately 597 kilograms of cocaine (gross weight) a Schedule IT, Narcotic Drug
`
`Controlled Substance.
`
`PREDICATE ACT #11
`
`On or about March 22, 2001, [1] JOSE FIGUEROA AGOSTOaided and abetted persons
`
`known and unknown to the Grand Jury in the attempted importation of five kilograms or more of
`
`cocaine, to wit: approximately 747 kilograms of cocaine (gross weight) a Schedule II, Narcotic Drug
`
`Controlled Substance.
`
`PREDICATE ACT #12
`
`In or about 2005, the specific date unknown to the Grand Jury,
`
`[1] JOSE FIGUEROA
`
`AGOSTOaided and abetted [2] JOSE MARRERO MARTELLand persons known and unknownto
`
`the Grand Jury in the possession with intent to distribute five kilograms or more of cocaine, to wit:
`
`approximately 50 kilograms of cocaine (gross weight), a Schedule If, Narcotic Drug Controlled
`
`Substance.
`
`
`
`Case 3:10-cr-00435-PG Document 3 Filed 11/15/10 Page 17 of 57
`Case 3:10-cr-00435-PG Document3 Filed 11/15/10 Page 17 of 57
`
`.
`Indictment
`United States v_ Figueroa Agosto,
`
`PREDICATE ACT #13
`
`In or about 2005, the specific date unknown to the Grand Jury,
`
`[1] JOSE FIGUEROA
`
`AGOSTOaided and abetted [2] JOSE MARRERO MARTELLandpersons known and unknown to
`
`the Grand Jury in the importation of five kilograms or more of cocaine, to wit: approximately 50
`
`kilograms of cocaine (gross weight), a Schedule I, Narcotic Drug Controlled Substance.
`
`PREDICATE ACT #14
`
`In orabout the end of2005, the specific date unknownto the GrandJury, [1] JOSE FIGUEROA
`
`AGOSTOaided and abetted [6] SIXTO BOSCHETTI DAVILAand [7] KAREEM BOSCHETTI
`
`DAVILAand persons known and unknownto the Grand Jury in the possession with intentto distribute
`
`five kilograms or more of cocaine, to wit: approximately 150 kilograms of cocaine (gross weight), a
`
`Schedule H, Narcotic Drug Controlled Substance.
`
`PREDICATE ACT # 15
`
`In orabout the end of2005, the specific date unknownto the GrandJury, [1] JOSE FIGUEROA
`
`AGOSTOaided and abetted [6] SIXTO BOSCHETTI DAVILA,[7] KAREEM BOSCHETTI
`
`DAVILAand persons known and unknownto the Grand Jury in the importation of five kilogramsor
`
`more ofcocaine, to wit: approximately 150 kilograms ofcocaine (gross weight), a Schedule II, Narcotic
`
`Drug Controlled Substance.
`
`PREDICATE ACT # 16
`
`In or about the beginning of 2006, the specific date unknown to the Grand Jury, [1] JOSE
`
`FIGUEROA AGOSTO aided and abetted [2] JOSE MARRERO MARTELL,
`
`[7] KAREEM
`
`BOSCHETTI DAVILAandpersons known and unknown to the Grand Jury in the possession with
`
`
`
`Case 3:10-cr-00435-PG Document 3 Filed 11/15/10 Page 18 of 57
`Case 3:10-cr-00435-PG Document3 Filed 11/15/10 Page 18 of 57
`
`.
`dndictitent
`United States v. Figueroa Agosto,
`
`intentto distribute offive kilograms or more ofcocaine, to wit: approximately 200 kilograms ofcocaine
`
`(gross weight), a Schedule H, Narcotic Drug Controlled Substance.
`
`PREDICATE ACT # 17
`
`In or about the beginning of 2006, the specific date unknown to the Grand Jury, [1] JOSE
`
`FIGUEROA AGOSTO aided and abetted [2] JOSE MARRERO MARTELL,
`
`[7] KAREEM
`
`BOSCHETTI DAVILAandpersons known and unknownto the Grand Jury in the importation of five
`
`kilograms or more ofcocaine, to wit: approximately 200 kilograms ofcocaine (gross weight), a Schedule
`
`II, Narcotic Drug Controlled Substance.
`
`PREDICATE ACT #18
`
`In or about 2006, the specific date unknown to the Grand Jury,
`
`[1] JOSE FIGUEROA
`
`AGOSTOaided and abetted [7] KAREEM BOSCHETTI DAVILA,[11] RAUL GONZALEZ DIAZ
`
`and persons known and unknownto the Grand Jury in the possession with intent to distribute of five
`
`kilogramsor more ofcocaine,to wit: approximately 200 kilograms ofcocaine (gross weight), a Schedule
`
`Il, Narcotic Drug Controlled Substance.
`
`PREDICATE ACT # 19
`
`In or about 2006, the specific date unknown to the Grand Jury, [1] JOSE FIGUEROA
`
`AGOSTOaided and abetted [7] KAREEM BOSCHETTI DAVILA,[11] RAUL GONZALEZ DIAZ
`
`and persons known and unknownto the Grand Jury in the importation offive kilograms or more of
`
`cocaine, to wit: approximately 200 kilograms of cocaine (gross weight), a Schedule II, Narcotic Drug
`
`Controlled Substance.
`
`
`
`Case 3:10-cr-00435-PG Document 3 Filed 11/15/10 Page 19 of 57
`
`Tadictnent
`United States ». Figueroa Agosto,
`
`PREDICATE ACT # 20
`
`In or about 2006, the specific date unknown to the Grand Jury,
`
`[1] JOSE FIGUEROA
`
`AGOSTOaided and abetted [7] KAREEM BOSCHETTI DAVILA,
`
`[8] ELIER MARTINEZ
`
`DELGADOand persons known and unknownto the Grand Jury in the possession with intent to
`
`distribute of five kilograms or more of cocaine, to wit: approximately 200 kilograms of cocaine (gross
`
`weight), a Schedule II, Narcotic Drug Controlled Substance.
`
`PREDICATE ACT # 21
`
`In or about 2006, the specific date unknown to the Grand Jury,
`
`[1] JOSE FIGUEROA
`
`AGOSTO aided and abetted [7] KAREEM BOSCHETTI DAVILA, [8] ELIER MARTINEZ
`
`DELGADO andpersons known and unknownto the Grand Jury in the importation offive kilograms
`
`or more of cocaine, to wit: approximately 200 kilograms of cocaine (gross weight), a Schedule II,
`
`Narcotic Drug Controlled Substance.
`
`PREDICATE ACT# 22
`
`In or about 2006, the specific date unknown to the Grand Jury,
`
`[1] JOSE FIGUEROA
`
`AGOSTOaided and abetted [7] KAREEM BOSCHETTIDAVILAandpersons known and unknown
`
`to the Grand Jury in the possession with intentto distribute of five kilograms or more of cocaine,to wit:
`
`approximately 200 kilograms of cocaine (gross weight), a Schedule II, Narcotic Drug Controlled
`
`Substance.
`
`PREDICATE ACT# 23
`
`In or about 2006, the specific date unknown to the Grand Jury,
`
`[1] JOSE FIGUEROA
`
`AGOSTOaided and abetted [7] KAREEM BOSCHETTI DAVILAand persons known and unknown
`
`
`
`Case 3:10-cr-00435-PG Document 3 Filed 11/15/10 Page 20 of 57
`Case 3:10-cr-00435-PG Document3 Filed 11/15/10 Page 20 of 57
`
`Indichnent
`United States v, Figueroa Agosto,
`
`to the Grand Jury in the importation of five kilograms or more of cocaine, to wit: approximately 200
`
`kilograms of cocaine (gross weight), a Schedule II, Narcotic Drug Controlled Substance.
`
`PREDICATE ACT #24
`
`In or about 2006, the specific date unknown to the Grand Jury,
`
`[1] JOSE FIGUEROA
`
`AGOSTO aided and abetted [6] SIXTO BOSCHETTI DAVILA,
`
`[8] ELIER MARTINEZ
`
`DELGADOand persons known and unknown to the Grand Jury in the possession with intent to
`
`distribute of five kilograms or more of cocaine, to wit: approximately 150 kilograms of cocaine (gross
`
`weight), a Schedule II, Narcotic Drug Controlled Substance.
`
`PREDICATE ACT #25
`
`In or about 2006, the specific date unknown to the Grand Jury,
`
`[1] JOSE FIGUEROA
`
`AGOSTO aided and abetted [6] SIXTO BOSCHETTI DAVILA,
`
`[8] ELIER MARTINEZ
`
`DELGADOand persons known and unknown to the Grand Jury in the importation offive kilograms
`
`or more of cocaine, to wit: approximately 150 kilograms of cocaine (gross weight), a Schedule IL,
`
`Narcotic Drug Controlled Substance.
`
`PREDICATE ACT # 26
`
`In or about the summer of 2006, the specific date unknown to the Gr
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