105 Individuals Indicted for Violating the RICO Act in Puerto Rico

A nine count federal indictment was unsealed today in the District of Puerto Rico charging 105 defendants with racketeering, drug trafficking, drive-by shooting murders and related firearm offenses, announced U.S. Attorney Rosa Emilia Rodríguez-Vélez for the District of Puerto Rico.  The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Puerto Rico Police Department (PRPD)-San Juan and Carolina Strike Forces were in charge of the investigation, with the assistance of PRPD’s Major Crimes Unit.

The indictment alleges that the defendants are part of a criminal organization known as La Rompe ONU.  Through its criminal activities “La Rompe ONU” enriched its members and maintained and increased the power of the organization.  Members of La Rompe ONU would sell crack, cocaine, heroin and marihuana in public housing projects, including: Jardines del Paraíso, Villa Andalucía, Alturas de Cupey, Jardines de Cupey, Brisas de Cupey, Los Claveles, Nuestra Señora de Covodonga, Los Lirios, Jardines de Monte Hatillo, Jardines de Campo Rico, Jardines de Berwind, San Martín, Monte Park and Villa Lomas Verdes Public Housing Projects; as well as El Polvorín Ward, Mango Sector and other surrounding areas within the municipalities of San Juan, Trujillo Alto and Carolina, PR.  Moreover, members of the organization used violence and intimidation, including murder, to increase the power, territory and profits of La Rompe ONU.

Members of La Rompe ONU had different roles in order to further the goals of the enterprise.  As alleged in the indictment, 35 leaders/drug point owners/drug point administrators, who directed and supervised the organization’s criminal activities; 25 enforcers; eight suppliers; 11 runners; 25 sellers; and one drug processor.

According to the indictment, as part of the racketeering conspiracy, the organization committed 12 murders, including three massacres.  Enforcers of La Rompe ONU carried out the murders of the following individuals:

    On Feb. 8, 2011, enforcers shot and killed David González-Reyes, aka “Chispa.”

    On May 10, 2011, enforcers shot and killed Ricco Luis Dávila-Díaz.

    On June 25, 2011, during a drive-by shooting, enforcers shot and killed Edwin Díaz-Cruz, Hervin Valcarcel-Martínez aka “Prieto,” Javier Catala-Bermúdez, and Orlando Meléndez-Villegas. This massacre is known as the Tortuguero Massacre.

    On July 20, 2011, during a drive-by shooting, enforcers shot and killed Santos Díaz-Camacho aka “Joel Bazooka,” Juan Rosario-Mercado aka “Toñito,” and Kevin Soto-Román aka “El Gordo.” This massacre is known as the Paseos Massacre.

    On Aug. 28, 2012, during a drive-by shooting, enforcers shot and killed Luis Ojeda-Andino aka “Pollo,” Luis Velázquez-Aquino aka “Urraca” and José Ayala-García. This massacre is known as the Jardines de Cupey Massacre.

According to the indictment, 69 of the 105 defendants are charged with using and carrying firearms during and in relation to a drug trafficking crime. Thirty-two firearms were seized from the defendants during the investigation, and they face a forfeiture allegation of $82 million.

“The historic indictment unsealed today shows our continued efforts to dismantle dangerous criminal organizations operating in our communities,” said U.S. Attorney Rodríguez-Vélez.  “We remain undeterred in our commitment to ensure safety and seek justice for victims of violent crimes in Puerto Rico.  ‘La Rompe ONU’ will no longer terrorize law abiding citizens in Puerto Rico.  We will continue to use all the tools at our disposal to build solid cases against these individuals, and bring them to justice.”

“Today’s arrests demonstrate law enforcement’s commitment to dismantle violent drug trafficking gangs that are affecting the quality of life of our law abiding citizens in the community,” said Special Agent in Charge Hugo Barrera for ATF’s Miami Field Division.  “The key to this fight is bringing the resources of all levels of government to empower law enforcement to target organized groups of violent criminals with enhanced punishment and criminal penalties through the utilization of federal statutes, such as, the Violent Crime in Aiding and Abetting Racketeering statute.  This sends a clear message that our community will not tolerate the heinous activity perpetrated by gangs like ‘La Rompe ONU’ and evidences our commitment to work together to dismantle violent street gangs.”

The defendants are: Josué Vázquez-Carrasquillo aka “Mayito/Mayo/El Father,” Pedro Vigio-Aponte aka “Pedrito/Pedrito He-Man/Pello/Pedrito Trauma,” Frankie Rosa-Calderón aka  “Anky/El Negro/Frank,” Luis F. Alicea-Colón aka “Trenza/Enano/Luis Trenza,” Miguel Vázquez-Martínez aka “Miguelo/Radio/Miclo/Bj,” Rubén Cotto-Andino aka “Rubén El Negro,” Ernesto Morales-Castro aka “Nestor/Los Gorditos,” Christian Morales-Castro aka “Bimbo/Los Gorditos,” Reyfrank Quiñones-Carrión aka “Pelotero,” Kelvin D. Morales-Cintrón, Ismael Méndez-Arroyo aka “Bolillo,” Michael Muñiz-Sánchez, Jonathan Pérez-Rodríguez aka “Perra/Perreke,” José L. Ortiz-Aguirre aka “Cheo/Cheo Cedeño,” Reinaldo Rodríguez-Martínez aka “Pitbull,” William Ortiz-Aguirre aka “Playa/Play,” Kidanny Figueroa-Osorio aka “Sony/Sonata,” José L. Soto-Rivera aka “Luisito/Scary,” José E. Mojica-Robles aka “Papito Mojica,” Victor M. Rodríguez-Torres aka “Cuca/Cucaracha/Papotin,” Rafael Andino-Ojeda aka “Rafa/Rafa Colgate/Boca Chula,” Myles J. Román-Adorno, Guillermo Sánchez-Mora aka “Guillo,” Emanuel Zabala-Pérez aka “Punky/Dalmata,” Alexander Rivera-Carrión aka “Lechon,” David E. Rodríguez-Castro, Rafael Hiraldo-Alejandro aka “Bolillo,” Alexis Cartagena-Gerena aka “Pollo,” Ángel L. Soto-Ramos aka “Huesito,” Oscar A. Calviño-Acevedo aka “Alex,” Jesús De-Jesús-Colón aka “Romulo,” José L. Méndez-De-Jesús aka “Sonso/Nariz,” William Zambrana-Sierra aka “W/Willito,” Edgar González-Rivera aka “Eggy,” Arnaldo Alicea-Colón aka “Naldito,” Xavier Castro-Vega aka “Raton,” Carlos M. Guerrero-Castro aka “Carlitos El Negro/Marcel,” Analdi Tanco-Moreno aka “Kimbito,” Orlando J. Santana aka “Fino,” Luis F. Rodríguez-Márquez aka “Cheykin,” Jesús E. Montalvan-Díaz aka “Luis Garcia-Diaz/Willy Wonka,” Amaury Méndez-Rosado aka “Boty,” Luis Yanyore-Pizarro aka “Kimbo/Bauncer/Jose Boria-Millan,” Fnu Lnu aka “Eziel,” Luis Martínez-Nieves aka “Raya/Trenza,” Michael Rivera-Rodríguez, Alvin A. Cabezas-Cintrón aka “Ardilla,” Jaime M. Semiday-Pérez, Kenny O. Pacheco aka “Keny/Bolin,” Roberto Fuentes-Pacheco aka “Junito Parcha,” Roger Falu-Diaz aka “Gua,” Félix A. Malave-Torres aka “Cholon,” Edgardo Luna-López aka “Piri/Enano,” Jessy J. Meléndez-Hernández aka  “Koby/El Negro/Lely,” Denzel Rodríguez-Caraballo, Abimael Cruz-Rodríguez aka “Lindo/Feo/Metra,” Ángel L. Cotto-Negrón aka “Quija/Kija,” José E. Rivera-Maldonado aka “Camon,” Fnu Lnu aka “Gaby,” José D. Resto-Figueroa aka “Tego,” Orlando Padilla-Ayala aka “Oreo/Willito/Angel M. Santiago-Ayala,” Kernis Rodríguez-Rivera aka “Sosa,” Walter D. Muller-Colón aka “Vampy/Bolo,” Wilfredo Ruiz aka “Freddy,” Carlos E. Brioso-Collantes aka “El Barber/Wiso El Barber,” Carlos Velázquez-Fontanez aka “Pirin,” Jonathan Figueroa-Catinchi aka “Katinchi,” Iram I. Santander-Zulueta aka “Cubano,” Charlie J. Fournier-Collazo aka  “Chiry,” Edgardo R. Ruano-Chévere aka “Masacre/Masa,” Francisco J. González-Camacho aka “Lento,” Nestor R. Concepción-Rivera aka “Nesti/Kilate,” Ivette Vázquez-Droz aka “Ive/Precious Moments,” Billy Villanueva-Carrasquillo aka “Meca/Billy Meca,” Jayfrank Quiñones-Carrión, Félix Rodríguez-Rodríguez aka “Correa/Baloncelista/El Indio,” Daniel O. Martínez-Vélez aka “Berto,” Luis F. Díaz-Tineo aka “Pipen/Pipe,” Josué O. Figueroa-Rodríguez, Ramón Vicenty-Rivera aka “Poke,” Luis E. Guadalupe-Camacho aka “Yaya/Yayi/Ardilla,” Julio N. Matos-Sánchez aka “Julio Maraña,” Reynaldo González-Zayas aka “Cuto,” Bryan Martínez aka “Fat Boy,” Damian Fernández-Jorge, José A. Fournier-Collazo aka “Semilla,” Kevin Castro-Vega, Juan Guadalupe-Delgado aka “Bocao,” David García-Franco aka “David Nota,” Giovani Justiniano-Díaz aka “Zegueta,” Christian Vázquez-Hernández aka “Chapa,” James Steele-Torres aka “Negro Steele,” Nilda Santiago-Espinosa aka “Katy,” Alex Santiago-Crespo aka “Papo Swing/Ale,” Francisco Vargas-Sánchez aka “Maraña,” Carlos Miranda aka “Eo,” Ramón Andino-Peguero aka “Mono,” Victor Alfonso-Jorge aka “Nano,” Héctor J. Cruz-Vargas, aka “Punky,” Yamil Arrizmendi-Santana, aka “El Mono,” Robert D. Pérez-Núñez aka “Minino,” Anthony Espada-Colón aka “Oreo/Apu,” Daniel De-Jesús-Díaz aka “Paleta,” Luis E. Espada-Colón aka “Zona” and Astrid J. Martínez-Valentin aka “La Jefa.”

Assistant U.S. Attorneys Alberto López-Rocafort and Victor O. Acevedo-Hernández are in charge of the prosecution of the case.  They were assisted by attorney from the U.S. Department of Justice’s Capital Crimes Section and Organized Crime and Gang Section.  ATF and PRPD were in charge of the investigation.  Approximately 700 agents from federal and commonwealth authorities participated in the arrests.

If convicted, the defendants face up to life in prison.  Eighteen of the defendants who participated in the murders included in the indictment are eligible for the death penalty.  Indictments contain only charges and are not evidence of guilt.  Defendants are presumed to be innocent until and unless proven guilty.

Bay Area Resident Sentenced in Illicit Internet Pharmacy Sales

United States Attorney Laura E. Duffy announced today that a Bay Area resident, Ian Fischman, was sentenced to serve six months in custody, followed by six months of home detention, and was ordered to pay a $3,000 fine and to forfeit $100,000 for his role in an illicit Internet pharmacy. Fischman, who had been living in Mexico at the time of the offense, pled guilty to conspiring to launder money.

At the time of his plea, Fischman acknowledged that between May 22, 2002 and November 27, 2007, he conspired to sell $400,000 of prescription pharmaceuticals via the Internet and through the mail to over 250 persons in the United States without a valid prescription. The pharmaceuticals supplied by Fischman included “generic” Viagra, Cialis, Levitra, Propecia, and other lifestyle drugs; as well as hundreds of others medications, including Carisoprodal, which requires a prescription to be sold in the United States. Fischman admitted that he knew it was unlawful for him to supply pharmaceuticals in this manner.

In addition, Fischman admitted that he arranged to have pharmaceuticals manufactured in Mexico and India illegally imported into the United States to be shipped to Internet pharmacy customers. The proceeds from the sales were deposited in the accounts of credit card processing firms and then transferred to bank accounts in Mexico and Switzerland, through banks in San Diego and San Francisco, in order to conceal their source. Fischman also acknowledged that he utilized Western Union to receive payments for the illegally imported pharmaceuticals, directing customers to send their payments to Mexico in the names of persons other than himself in order to conceal and disguise their source.

In sentencing Fischman, the Honorable Thomas J. Whelan noted that it was a very serious offense to sell pharmaceuticals to persons known not to have a valid prescription.

Defendant

■Criminal Case No. 08cr2936-W

■Ian Alexander Fischman

Summary of Charge

■Conspiracy to launder money, in violation of Title 18, United States Code, Section 1956(h)

Agencies

■Food and Drug Administration, Office of Criminal Investigations

■Immigration and Customs Enforcement’s Homeland Security Investigations

■Federal Bureau of Investigation

■Internal Revenue Service, Criminal Investigation

Shawn Patrick Ellifritt Sentenced in U.S. District Court

The United States Attorney’s Office announced that during a federal court session in Helena on September 20, 2012, before Senior U.S. District Judge Charles C. Lovell, SHAWN PATRICK ELLIFRITT, a 41-year-old resident of Spokane, Washington, appeared for sentencing. ELLIFRITT was sentenced to a term of:

■Prison: 235 months

■Special Assessment: $100

■Supervised Release: four years

ELLIFRITT was sentenced in connection with his guilty plea to distribution of methamphetamine.

In an offer of proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:

From July 2009 until January 2011, ELLIFRITT provided methamphetamine to a person nicknamed “XX,” who then sold the methamphetamine in Helena.

ELLIFRITT knew that “XX” drove from Helena to Spokane for the methamphetamine and the methamphetamine was headed to Helena for further distribution. ELLIFRITT admitted to receiving over six pounds of methamphetamine over this time period.

ELLIFRITT then sold methamphetamine to “XX.” “XX” obtained two to four ounces of methamphetamine from ELLIFRITT twice a month, for three years with a six- to eight-month gap. A source of information accompanied “XX” on five trips to obtain methamphetamine from ELLIFRITT. “XX” obtained approximately four ounces on each of these trips.

On January 20, 2011, a search warrant executed at ELLIFRITT’s residence resulted in the seizure of approximately a quarter-pound methamphetamine mixture, approximately $7,000 cash, digital scales, security cameras, a TV used with the security cameras, and a digital camera.

The DEA Laboratory tested the substance seized on January 20, 2011, and it had a net weight of 105.7 grams with a purity level of 95 percent.

Because there is no parole in the federal system, the “truth in sentencing” guidelines mandate that ELLIFRITT will likely serve all of the time imposed by the court. In the federal system, ELLIFRITT does have the opportunity to earn a sentence reduction for “good behavior.” However, this reduction will not exceed 15 percent of the overall sentence.

The investigation was a cooperative effort between the Federal Bureau of Investigation, the Montana Department of Criminal Investigation, and the Missouri River Drug Task Force.

Indictments Returned in Hammond Federal Court

HAMMOND, IN—The United States Attorney’s Office announced that the following Indictments were returned on September 19, 2012:

■Billy Joe Dugard, 36, of Crothersville, Indiana, was charged in an indictment with the bank robbery of Lafayette Bank and Trust located in Demotte, Indiana. These charges were filed as the result of an investigation by the Federal Bureau of Investigation. This case has been assigned to and will be prosecuted by Assistant United States Attorney Jennifer Chang-Adiga.

■David Finley, Jr., 31, of Merrillville, Indiana, was charged in an Indictment with two counts of distribution of cocaine, false statements during the purchase of a firearm, sale of a firearm to a prohibited person, distribution of marijuana, possession with the intent to distribute cocaine, and possession of a firearm in furtherance of a drug trafficking crime. These charges were filed as the result of an investigation by the Federal Bureau of Investigation. This case has been assigned to and will be prosecuted by Assistant United States Attorney Gary Bell.

The United States Attorney’s Office emphasized that an indictment is merely an allegation and that all persons charged are presumed innocent until and unless proven guilty in court.

If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.