Académique Documents
Professionnel Documents
Culture Documents
SUPERSEDING INDICTMENT
1s-CR-r43-Y
-vs-
a/k/a Freddy
(Counts 2-4),
SONIA HERNANDEZ
(Counts 3, 4 and 30),
MARTHA AGUIRRE
(Counts 3 and 4),
ruAN ALFARO
(Counts 3 and 4),
MARGARET BANUELOS
a/k/aLisa
(Counts 3 and 4),
TROY R. GILLON
(Count 3),
DARRYL J. WILLIAMS a/k/aD
(Counts 3, 5 and 15-17),
TRENT ADAIRHAMILTON
(Counts 3 and 6),
DEMETRIUS YARBOROUGH
a/k/ a Tu-Tu
(Count 3),
Yiolations:
Title 21, United States Code, Sections
841(a)(1), 846,848(a), 848(b) and
8s6(a)(1);
,*Fg$ff
B,r*?,lui,g#ft.r*.
JUL 2
,r,
6 20t6
4/D
SHIRIEY GRIGSBY
(Counts 3 and 15-17),
RALIK HAMILTON
(Counts 3, 18 and 19),
JOSEPH THOMPSON a/k/a Jo-Jo
a/k/ aSkools a/k/ a Skoolboy
(Counts 3,7 ,9 and 1l-14), and
DION CIIEATHAM
(Counts 3, 8 and 10)
INTRODUCTION
The Grand Jury Charges That:
1.
of
thousands
of
kilograms
of illegal
throughout the United States, including Lockport, Niagara Falls, and Buffalo, New York.
2.
the
in California
by the
ANd
FRESH CHOICE PRODUCE ("FRESH CHOICE"), all of which were incorporated in the
State of California, and maintained places of business in that State, as well as CORRAL
SEAFOODS LLC, registered in the State of New York, with a purported principal place of
business located in Cheektowaga, New York.
3.
the United States, the GILIAGUIRRE DTO, utilizing their TRITON FOODS front
company, placed and disguised kilogram quantities of heroin, fentanyl, and cocaine on
pallets described on inventory and other documents as containing "Sea Cucumbers." The
pallets bearing the illegal narcotics were secreted in containers sealed with foam or spray
insulation to avoid detection by law enforcement.
4.
members
of
the
GILIAGUIRRE DTO, the front companies described above, and other persons known to
the Grand Jury. Those bank accounts were used to conceal and disguise the proceeds
generated by the combined sales of the thousands of kilograms of heroin, fentanyl, and
cocaine distributed by the GILIAGUIRRE DTO.
5.
a/k/ aMayor
Campos
6.
DTO. Among
GIL was a
leader
of the GILIAGUIRRE
quantities of cocaine, heroin, and fentanyl to members of the GILIAGUIRRE DTO for sale
to its customers.
7.
DTO after on or about January 13,2014. On that date, a warehouse was raided by federal
agents in Montebello, Califomia, after which defendant JOSE RUBEN
8.
illegal narcotics, and collected proceeds from the sale of illegal narcotics, to and from
members of the GILIAGUIRRE DTO.
9.
Defendants DARRYL
served
as
wholesale level distributors of illegal narcotics for the GILIAGUIRRE DTO in Westem
4
New York, principally in Lockport, Niagara Falls, and Buffalo, New York. The illegal
narcotics distributed by defendants DARRYL
WILIAMS
of kilogram quantities of cocaine, heroin, and fentanyl, with such illegal narcotics provided
10.
proceeds generated from the sale of illegal narcotics into various bank accounts maintained
at financial institution known to the Grand Jury in Western New York. Such
deposits
include approximately $19 million dollars into bank accounts held by the three California-
11.
FOODS,
iNStitUtiON.
JOSEPH
THOMPSON, and DION CIIEATHAM operated as retail level drug distributors for the
GILIAGUIRRE DTO, and sold illegal narcotics received from defendants DARRYL
WILLIAMS and TROY GILLON in Lockport, Niagara Falls, and Buffalo, New York.
lZ.
heroin, cocaine, and fentanyl to various locations throughout the northeast United States
that had been shipped to New York State by defendant JOSE RUBEN GIL and later by
defendant
quantities of United States culrency generated by the sale of the illegal narcotics by other
members of the GILIAGUIRRE DTO'
13.
DTO.
14.
Defendants
BANUELOS, were responsible for withdrawing and obtaining proceeds of illegal narcotics
throughout the United States, and providing such funds to defendants JOSE RUBEN GIL
and HERMAN AGUIRRE. In tunherance of the illegal activities of the GILIAGUIRRE
DTO, defendant JUAN ALFARO occupied the position of president of TRITON FOODS,
as
COUNT
1.
2.
2Ol5,the exact dates being unknown, in the Western District of New York, and elsewhere,
the defendant, JOSE RUBEN GIL, did knowingly, willfully, intentionally and unlawfully
erlgage
States
Code, Sections 841(a)(1), 846, and 856(a)(i), which violations were part of a continuing
GIL, in
concert with five or more other persons, known and unknown, with respect to whom the
defendant, JOSE RUBEN
GIL, occupted
a position
and from which continuing series of violations the defendant, JOSE RUBEN GIL, obtained
substantial income and resources.
3.
organizer and leader of the Continuing Criminal Enterprise and was one of several such
principal administrators, organizerc, and leaders, and the violations of Title 21, Untted
States Code, Sections 841(a)(1), 856(a)(1), and846 that the defendant, JOSE RUBEN
GIL,
I controlled
II
substance, that is, amounts at least 300 times the quantity of cocaine and heroin
described in Title
2l,United
COUNT 2
(Engagrng in a Continuing Criminal Enterprise)
2.
21,
United States Code, Sections 841(a)(1), 846, and 856(a)(1), which violations were part of a
continuing series of violations of said statutes undertaken by the defendant, HERMAN E.
AGUIRRE, in concert with five or more other persons, known and unknown, with respect
to whom the
defendant, HERMAN
organtzer,
supervisor and manager, and from which continuing series of violations the defendant,
3.
organizer and leader of the Continuing Criminal Enterprise and was one of several such
principal administrators, organizerc, and leaders, and the violations of Title 21, United
States Code, Sections 841(a)(1), 856(a)(1), and 846 that the defendant,
IIERMAN E.
150
I controlled
substance, that is, amounts at least 300 times the quantity of cocaine
2l,United
COUNT
1.
2.
ANd
agree
together and with others, known and unknown, to commit the following offenses, that is, to
possess
II controlled
substance,
841(b)(1XA) and
841(bXlXC).
COUNT 4
(Money Laundering
onsPiracY)
1.
2.
From in or about June 2013, and continuing to at least in or about June 2015,
the exact dates being unknown, in the Western District of New York, and elsewhere, the
defendants, JOSE RUBEN
ANd
DARRYL J.
WILLIAMS, did knowingly, willfully, and unlawfully combine, conspire, and agree
together and with others, known and unknown to the Grand Jury, to commit the following
offenses, that is, to knowingly conduct financial transactions affecting interstate commerce,
that is, the deposit, withdrawal, payment, and transfer of funds and monetary insffuments
by, through, and to financial institutions, engaged in and the activities of which affect
interstate and foreign commerce, and which involved the proceeds of specified unlawful
activity, that is, the unlawful distribution of heroin, cocaine, and fentanyl, in violation of
Title 21, United States Code, Section 841(a)(1), and conspiracy to do so, in violation of Title
21, United States Code, Section 846.
(a)
knowing that said transactions were designed in whole and in part to avoid a
transaction reporting requirement under Federal law and while knowing that the properfy
involved in the fi.nancial transactions represented the proceeds of some form of unlawful
activity, in violation of Title 18, United States Code, Section 1956(a)(1)(BXii); and
(b)
with the intent to promote the carrying on of said specified unlawful activity
and while knowing that the properfy involved in the financial transactions represented the
proceeds of some form of unlawful activity, in violation of
Section 1956(a)(1)(AXi).
10
COUNT
the
controlled substance.
All in
and
84lOX1)(c).
COUNT
On or about October 22,2014, in the Westem District of New York, the defendant,
possess
with
All in
84lOXl)(c).
11
and
COUNT
JOSEPH THOMPSON
Skools
a/k/a
intentionally and unlawfully possess with intent to distribute, and distribute, a quantity of
fentanyl, a Schedule
All in
II controlled
violation
substance.
and
Mroxrxc).
COUNT
DION CIIEATHAM, did knowingly, intentionally and unlawfully possess with intent to
distribute, and distribute, a quantity of fentanyl, a Schedule
All in
violation
II controlled
substance.
Ml(bxlxc).
t2
and
COUNT
On or about March 4, 2015, in the Western District of New York, the defendant,
JOSEPH THOMPSON
Skools
a/k/a
intentionally and unlawfully possess with intent to distribute, and distribute, a quantity of
heroin, a Schedule I controlled substance.
All in
and
84lOXrXC).
COUNT
10
On or about March 5,2015, in the Western District of New York, the defendant,
DION CIIEATHAM, did knowingly, intentionally and unlawfully possess with intent to
distribute, and distribute, a quantity of heroin, a Schedule I controlled substance.
All in
84lOXlXC).
13
and
COUNT
T1
On or about March 10, 2015, in the Westem District of New York, the defendant,
JOSEPH THOMPSON
Skools
I controlled
All in
a/k/a
substance.
and
841O)(lXC).
COUNT
12
On or about March 10, 2015, in the Westem District of New York, the defendant,
JOSEPH THOMPSON
Skools
a/k/a
intentionally and unlawfully possess with intent to distribute a quantity of cocaine base, a
Schedule
II controlled
substance.
1,4
and
COUNT T3
@ossession of Fentanyl with Intent to Distribute)
On or about March 10, 2015, in the Western District of New York, the defendant,
JOSEPH THOMPSON
Skools
a/k/a
II controlled
All in
substance.
and
Ml(b)(1)(c).
COUNT T4
Maintaining
Drug-Involved Premises)
From in or about February,2Ol5, the exact date being unknown, and continuing to
on or about March 10, 2015, in the Westem District of New York, the defendant, JOSEPH
THOMPSON a/k/a Jo-Jo a/k/a Skools a/k/a Schoolboy, did knowingly, intentionally
and unlawfully use and maintain a place. that is, the premises at 248 Elmwood Avenue,
Lockport, New York, for the purpose of manufacturing, distributing and using fentanyl and
cocaine base, both Schedule
II
substance.
15
I controlled
COUNT
15
On or about March 23,2015, in the Westem District of New York, the defendants,
I controlled
substance.
Atl in violation of Title 21, United States Code, Sections 8al(a)(1) and
841(bXl)(A), md Titte 18, United States Code, Section 2.
COUNT
16
On or about March 23,2015, in the Western District of New York, the defendants,
possess
with intent to distribute 5 kilograms or more of a mixture and substance containing cocaine,
a Schedule
II controlled
substance.
t6
and
COUNT
17
On or about March 23,2015, in the Westem District of New York, the defendants,
II controlled
All in
substance.
COUNT
18
On or about April lO, 2015, in the Westem District of New York, the defendant,
County Court, Chautauqua County, New York, of crimes punishable by imprisonment for a
term exceeding one year, unlawfully did knowingly possess, in and affecting commerce,
firearm, namely, a Stallard Arms, model JS 9, 9 mm pistol, bearing serial number 029521,
t7
Companhia Brasileira de Cartuchos (CBC) 9mm ammunition; and 2 rounds of CCI 9mm
ammunition.
and2.
COUNT
19
On or about April 10, 2015, in the Westem District of New York, the defendant,
in the manner
set forth
Indictment, the allegations of which are incorporated herein by reference, did knowingly
COUNT 20
@ossession with Intent to Distribute,
and Distribution of, Heroin)
On or about October 2,2015, in the Western District of New York, the defendant,
RASHAWN CRULE a/k/ a Black a/k/ a Shawn, did knowingly, intentionally and
18
unlawfully possess with intent to distribute, and disffibute, a quantity of heroin, a Schedule
controlled substance.
Alt in violation of Title 21, United States Code, Sections 8al(a)(l) and
84rOXlXC).
COUNT
21
On or about October 15, 2015, in the Western District of New York, the defendant,
RASHAWN CRULE a/k/ a Black a/k/ a Shawn, did knowingly, intentionally and
unlawfully possess with intent to distribute, and distribute, a quantity of heroin, a Schedule
controlled substance.
841(bx1)(c).
COUNT 22
(Possession of Heroin with Intent to Distribute)
RASHAWN CRULE a/k/ a Black a/k/ a Shawn, did knowingly, intentionally and
unlawfully possess with intent to distribute 100 grams or more of a mixture and substance
containing heroin, a Schedule I controlled substance.
and
COUNT 23
@ossession of Fentanyl with Intent to Distribute)
RASHAWN CRULE a/k/ a Black a/k/ a Shawn, did knowingly, intentionally and
unlawfully possess with intent to distribute a quantity of fentanyl, a Schedule
II
controlled
substance.
All in
violation
MlO)G)(c).
COUNT 24
@ossession of Cocaine Base with Intent to Distribute)
RASHAWN CRULE a/k/ a Black a/k/ a Shawn, did knowingly, intentionally and
unlawfully possess with intent to distribute 28 grams or more of a mixture and substance
containing cocaine base, a Schedule
All in
II controlled
substance.
84rO)(1XB).
20
and
COUNT 25
@ossession of Cocaine with Intent to Distribute)
RASHAWN CRULE a/k/a Black a/k/a Shawn, did knowingly, intentionalTy and
unlawfully possess with intent to distribute a quantity of cocaine, a Schedule
II
controlled
substance.
All in
84lOX1)(c).
COUNT 26
(Maintaining
Drug-Involved Premises)
the Western District of New York, the defendant, RASHAWN CRULE a/k/a Black
and unlawfully use and maintain a place, that
is, the
premises
Schedule
II controlled
substances.
2l
Title 18,
COUNT 27
(Maintaining
Drug-Involved Premises)
the Western District of New York, the defendant, RASHAWN CRULE a/k/a Black
a/k/a
Shawn, did knowingly, intentionally and unlawfully use and maintain a place, that
is, the premises at lI79 Broadway Avenue, Buffalo, New York, for the purpose of
manufacturing, distributing and using heroin, a Schedule I controlled substance.
Title 18,
COUNT 28
(Possession of a Firearm in Furtherance of Drug Trafficking Crimes)
RASHAWN CRULE a/k/a Black a/k/a Shawn, in furtherance of drug trafficking crimes
for which he may be prosecuted in a court of the United States, that is, violations of Title 21,
United States Code, Sections 846,841(a)(1), and 856(a)(1), committed in the manner set
forth in Counts 3, 20, 21, 22, 23, 24, 25, 26, and 27 of this Superseding Indictment, the
allegations of which are incorporated herein by reference, did knowingly and unlawfully
possess
22
COUNT 29
(Felon in Possession of Firearm)
The Grand Jury Further Charges That:
On or about November 2,2015, in the Western District of New York, the defendant,
RASHAWN CRULE a/k/a Black a/k/a Shawn, having previously been convicted on or
about October 28, 2002, in County Court, Erie County, New York, of a crime punishable
by imprisonment for a term exceeding one year, did unlawfully and knowingly possess, in
and afffecting commerce, a ftearm, namely, a Fegyvergyar (Hungarian), Model PJK-9HP,
9mm Luger, bearing serial numb er 804145.
All in violation of Titte 18, United States Code, Sections 922(et)0), 92a@)Q)
arrd
2.
COUNT
30
(Obstruction of Justice)
The Grand Jury Further Charges That:
On or about May 10, 2016, in the Westem District of New York, the defendant,
SONIA IIERNANDEZ, did comrptly obstruct, influence, and impede, and attempt to
comrptly obsffuct, influence, and impede, an official proceeding, that is, a grand jury
investigation
to do
so
controlled
Primo a/k/a Freddy, in violation of Title 21, United States Code, Sections 8a1(aX1) and
846, by
testiffing falsely and evasively about her knowledge of, and participation in, drug
trafficking activities conducted by Herman E. Aguirre a/k/ a 007 a/k/ a Lucky a/k/ a Primo
a/k/a Freddy.
AII in violation of Title 18, United States Code, Section l5l2(c)(2).
23
a/k/aUnc a/k/a
Ruben
Mexico, IDRMAN E. AGUIRRE a/k/a007 a/k/a Lucky a/k/a Primo a/k/a Freddy,
Shawn,
MAULANA LUCAS a/k/a Big Daddy a/k/a Shabazz, SHIRLEY GRIGSBY, RALIK
HAMILTON, JOSEPH THOMPSON, and DION CHEATHAM, severally and jointly,
shall forfeit all of their interest in any and all properry, real or personal, constituting or
derived from any proceeds the person obtained, directly or indirectly, as the result of such
MONETARY JUDGMENT:
The sum of nventy million two hundred thirty-three thousand and nine
hundred forty-one ($20,233,941) dollars United States cuffency, to be
evidenced by a judgment issued by this Court against the defendants. Said
judgment will be referenced in the PRELIMINARY ORDER OF
FORFEITURE and will provide for interest to accrue at the prevailing rate
per annum and serve as a lien against the defendants' property, wherever
situated, until fully satisfied.
If any of the property described above
as being subject
24
(1)
(2)
(3)
(4)
(s)
difficulty;
States, pursuant
to
21, United States Code, Section 853(p), to seek forfeiture of any other property of said
defendant up to the value of the above property.
8s3(p).
onspiracy Property)
Ruben
007 a/k/
Gil
Campos
Luclcy a/k/
a Primo a/k/ a
Freddy,
personal, involved in such offense, or any property traceable to such property, including, but
25
MONETARY JUDGMENT:
The sum of twenty million two hundred thirty-thee thousand and nine
hundred forry-one ($20,233,941) dollars United States curency, to be
evidenced by a judgment issued by this Court against the defendants. Said
judgment will be referenced in the PRELIMINARY ORDER OF
FORFEITURE and will provide for interest to accrue at the prevailing rate
per annum and serve as a lien against the defendants' property, wherever
situated, until fully satisfied.
If any of the properry described above as being subject to forfeiture,
ac'.
as a result of any
(1)
(2)
(3)
(4)
(5)
without difficulty;
It
is the intent of the United States, pursuant to Title 21, United States Code, Section
853(p), to seek forfeiture of any other property of said defendants up to the value of the
above property.
26
Title
21,
Upon their conviction of any of the counts of this Superseding Indictment, the
defendants, TROY R.
a/k/a Jo-Jo a/k/a Skools a/k/a Skoolboy, and DION CIDATHAM, shall forfeit to the
United States any and all property constituting and derived from any proceeds obtained,
directly and indirectly, as a result of such violations and any and
al7
intended to be used, in any manner and part, to commit and to facilitate the commission of
such violations, including, but not limited to:
As to TROY R. GILLON:
Motor Vehicle:
One Gray 2007 Toyota Sienna, bearing VIN: 5TD2K23C675061282, titJed
and registered to TROY R. GILLON.
Monetary Amount:
27
li1
t'
Jewelry:
One 14 karat white gold necklace with cross pendant, seized during a search
wrurant executed at 22 Homer Avenue, Buffalo New York on November 2,
20t5_
As to TRENT HAMILTON:
MotorYehicle:
One 2006 BMW 650, bearing VIN WBAEH13476CR4902L, bbte in color,
titled and registered in the name of Veronica L. Jones.
As to JOSEPH THOMPSON:
MonetaryAmount:
The sum of one thousand, nine hundred fifty-five dollars ($1,955.00) United
States curency, seized during a search wzlrrant executed at 248 Elmwood
Avenue, Lockport New York on March 10, 2015.
All pursuant to Title 2lrUrrrted States Code, Sections 853(a)(l) and 853(a)(2).
his right, title and interest to the United States any firearms and ammunition involved or
used
control of the defendant at the time of arrest including, but not limited to:
28
l.
oo
a.
b.
AII pursuant to Title 18, United States Code, Sections 924(d) and3665, and Title
28, United States Code, Section 2461(c).
J. HOCHUL, JR.
United States Attorney
BY:
S/MEGHAN A. TOKASH
Assistant United States Attorney
United States Attorney's Office
Westem District of New York
138 Delaware Avenue
Buffalo, New York 14202
7t6-843-5860
Meghan. Tokash@usdoj. gov
BY:
S/MICHAEL P. FELICETTA
Assistant United States Attorney
United States Afforney's Office
Westem District of New York
138 Delaware Avenue
Buffalo, New York 14202
716-843-5893
Michael. Felicetta@usdoj. gov
A TRUE BILL:
S/FOREPERSON
29