1 6 - 2 0 ord 0 1...2016/10/25 · case 1:16-cr-20801-jal document 23 entered on flsd docket...

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

1 6 - 2 0 orD 0 1CASE NO.

18 U.S.C. j 371

18 U.S.C. j 659

18 U.S.C. j 981(a)(1)(C)

UNITED STATES OF AM ERICA

Vs.

YOAN PEREZ, K

LEONEL PADRON BELLO,

EMILIO HERREIWRICARDO GONZALEZ,

RASIEL PEREZ 'Z

ELOY GARCIA, l z

M ISAEL CABRERA RUIZ, and

RODOLFO URIW

Defendants.

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INDICTM ENT

The Grand Jury charges that:

COUNT I

From on or about September 24, 2015, through on or about April 4, 2016, in M iami-Dade

County, in the Southern District of Flodda, and elsewhere, the defendants,

YOAN PEREZ and

LEONEL PADRON BELLO ,

did knowingly and willfully combine, conspire, confederate and agree with each other and with

others known and unknown to the Grand Jury to com mit any offense against the United States,

that is, to knowingly steal, unlawfully take, and carry away goods valued at $ 1,000 or more,

Case 1:16-cr-20801-JAL Document 23 Entered on FLSD Docket 10/24/2016 of 19

nam ely, Apple iphones, from an air cargo container, air terminal facility, and aip ort, with intent

to convert the goods to their own use, whieh goods were m oving as, and whieh were pm of, and

which constituted an interstate and foreign shipm ent of freight and property, in violation of Title

18, United States Code, Section 659.

PIJRPOSE OF THE CONSPIM CY

lt was the pupose of the conspiracy for the defendants and their co-conspirators to unjustly

emich them selves by stealing and taking possession of m erchandise, which constituted a foreign

shipm ent of freight and property, for resale and protit.

OVERT ACTS

ln furtherance of the conspiracy and to accomplish the object and purpose thereof, at least

one of the co-conspirators comm itted and caused to be comm itted, in the Southern District of

Florida, at least one of the following overt acts, am ong others:

On or about September 24, 2015, Joaquin Rivas, a/k/a 6fchino,'' m et with a

pup orted accomplice with the pup ose to obtain a tk titious Florida Driver's License in the nam e

of Raul Lagos.

On or about October 28, 2015, YOAN PEREZ, Joaquin Rivas, a/k/a Etchino,'' and

others, m et with the purported accom plice and discussed the use of fictitious identification

documents and shipping docum ents to steal a load of cargo from the M iam i International Airport.

On or about April 2, 2016, YOAN PEREZ, LEONEL PADRON BELLO,

Joaquin Rivas, a/k/a ûf hino,'' and others, outfitted a tractor and trailer outside of E.J. Trade &

Logistics, LLC, and m ade the tractor and trailer appear as if it were operated by Florida

lnternational Enterpdses, lnc., d/b/a Florida lnternational Cargo.


4. On or about April 2, 2016, a co-conspirator drove the outfitted tractor and trailer to

LAN cargo, 6500 Nw 22nd street, M iam i, Florida, in the M iami International Airport, purported

to be a driver from Florida International Cargo nam ed Raul Lagos, and left the M iami lntem ational

Airport with approximately $6,791,636.81 of stolen goods, that is, approximately twenty-three

thousand (23,000) Apple iphones.

All in violation of Title l 8, United States Code, Section 371.

COUNT Z

On or about April 2, 201 6, in M iam i-Dade County, in the Southern District of Florida, and

elsewhere, the defendants,

YOAN PEREZ and


did unlawfully, willfully and knowingly steal, unlawfully take, and carry away goods valued at

$1,000 or more, namely, Apple iphones, from an air cargo container, air terminal facility, and

airport, with intent to convert the goods to their own use, which goods were moving as, and which

were part of, and which constituted an interstate and foreign shipm ent of freight and property, in

violation of Title 18, United States Code, Sections 659 and 2.

COUNT 3

From on or about April 2, 2016, through on or about Septem ber 30, 2016, in M iami-Dade

County, in the Southern District of Florida, the defendants,

YOAN PEREZ,

LEONEL PADRO N BELLO,

EM ILIO HERREIWRICARDO GONZALEZ,

RASIEL PEREZ,

ELOY GARCIA,

M ISAEL CABREM RUIZ, and

RODOLFO URM ,

3


did knowingly and willfully combine, conspire, confederate, and agree with other persons known

and unknown to the Grand Jury to comm it an offense against the United States, that is, to

knowingly receive and have in their possession goods, valued at more than $1,000, that is, Apple

iphones, which had been stolen, unlawfully taken, and canied away from an air cargo container,

air terminal facility, and airport, which goods were moving as, and were a part of, and which

constituted an interstate and foreign shipment of freight and other property, knowing the same to

have been stolen, in violation of Title 18, United States Code, Section 659.

PURPOSE OF TH E CONSPIM CY

It was the purpose of the conspiracy for the defendants and their co-conspirators to unjustly

enrich them selves by receiving and taking possession of stolen m erchandise, which constituted a

foreign shipment of freight and property, for resale and profit.

OVERT ACTS

In furtherance of the conspiracy and to accomplish the object and pupose thereof, at least

one of the co-conspirators committed and caused to be com mitted, in the Southern District of

Florida, at least one of the following overt acts, am ong others:

On or about April 4, 2016, RODOLFO URIG assisted in the rental of a storage

unit for the purpose of storing and concealing stolen Apple iphones.

On or about April 4, 2016, RICARDO G ONZALEZ assisted in the rental of an

additional storage unit for the pup ose of storing and concealing stolen Apple iphones.

On or about M ay 25, 2016, R ASIEL PEREZ, M ISAEL CABRERA RUIZ, and

RODOLFO URR A, anunged for the transfer and sale of l00 Apple iphone 5S cellular telephones

to a purported buyer for $12,500, and did sell the Apple iphones to the buyer.

4


On or about July 26, 2016, RASIEL PEREZ and ELOY GARCIA arranged for

the transfer and sale of 80 Apple iphone 5S cellular telephones to a purported buyer for $9,800,

and did sell the Apple iphones to the buyer.

On or about August 4, 2016, M SIEL PEREZ and ELO Y GARCIA anunged for



On or about August 9, 2016, M SIEL PEREZ and ELOY GARCIA arranged for



On or about Septem ber 1, 2016, EM ILIO HERRER A and RICARDO

GONZALEZ arranged for the transfer and sale of 100 Apple iphone 5S cellular telephones to a

purported buyer for $9,500, and did sell the Apple iphones to the buyer.

8. On or about September 9, 2016, EM ILIO HERREI'A LEONEL PADRON

BELLO , and YOAN PEREZ, arranged for the transfer and sale of 40 Apple iphone 6S cellular

telephones to a pup orted buyer for $ 10,000, and did sell the Apple iphones to the buyer.

9. On or about September 23, 2016, EM ILIO HERRERA and LEO NEL PADRO N

BELLO arranged for the transfer and sale of 40 Apple iphone 6S cellular telephones to a purported

buyer for $10,000, and did sell the Apple iphones to the buyer.

On or about Septem ber 30, 2016, EM ILIO H ERRERA, RICARDO

GO NZALEZ, and LEONEL PADRON BELLO attempted to arrange for the transfer and sale

of 100 Apple iphone 6S cellular telephones to a purported buyer.

Al1 in violation of Title 18, United States Code, Section 371.


CO UNT 4

On or about M ay 25, 2016, in M iami-Dade County, in the Southern District of Florida, and


RASIEL PEREZ,M ISAEL CABRERA RUIZ, and

RODOLFO URM ,

did knowingly receive and have in their possession goods valued at more than $ 1,000, that is,

Apple iphones, which had been stolen, unlawfully taken, and canied away from any air cargo

container, aircraft terminal facility, and airport, which goods were m oving as, and which were a

part of, and which constituted an interstate and foreign shipm ent of freight and other property,

knowing the sam e to have been stolen, in violation of Title 18, United States Code, Sections 659

and 2.

CO UNT S

On or about July 26, 2016, in M iami-Dade County, in the Southern District of Florida, and


M SIEL PEREZ and

ELOY GARCIA,

did knowingly receive and have in their possession goods valued at more than $ l ,000, that is,

Apple iphones, which had been stolen, unlawfully taken, and carlied away from any air cargo

container, aircraft tenninal facility, and airpol't, which goods were moving as, and which were a

pal4 of, and which constituted an interstate and foreign shipm ent of freight and other property,


and 2.

6


COUNT 6

On or about August 4, 2016, in M iami-Dade County, in the Southem District of Florida,

and elsewhere, the defendants,

RASIEL PEREZ and

ELO Y GARCIA,

did knowingly l'eceive and have in their possession goods valued at more than $1,000, that is,

Apple iphones, which had been stolen, unlawfully taken, and carried away from any air cargo

eontainer, aircraft terminal facility, and aip ort, which goods were moving as, and which werc a

part of, and which constituted an interstate and foreign shipm ent of freight and other property,


and 2.

COUNT ;

On or about August 9, 2016, in M iam i-Dade County, in the Southern Distdct of Flodda,


RASIEL PEREZ andELOY GARCIA,

did knowingly receive and have in their possession goods valued at more than $1,000, that is,


container, aircraft term inal facility, and aip ort, which goods were m oving as, and which were a

part of, and which constituted an interstate and foreign shipment of freight and other property,


and 2.


CO UNT 8

On or about September 1, 20l 6, in M iami-Dade County, in the Southern Distlict of Florida,


EM ILIO H ERREM and

RICARDO GONZALEZ,





knowing the same to have been stolen, in violation of Title 18, United States Code, Sections 659

and 2.

COUNT 9

On or about September 9, 2016, in M iam i-Dade County, in the Southern District of Florida,


YOAN PEREZ,

LEO NEL PADRON BELLO, and

EM ILIO H ERRER A,



container, aircraft tenuinal facility, and airport, which goods were moving as, and which were a

pal't of, and which constituted an interstate and foreign shipm ent of freight and other property,

knowing the sam e to have been stolen, in violation of Title l 8, United States Code, Sections 659

and 2.


COUNT 10

On or about September 23, 2016, in M iami-Dade County, in the Southern District of

Florida, and elsewhere, the defendants,

LEO NEL PADRON BELLO and

EM ILIO HERRER A,






and 2.

COUNT 11

On or about September 30, 2016, in M iami-Dade County, in the Southern District of

Florida, and elsewhere, the defendants,


EM ILIO HERREIW andRICARDO G ONZALEZ,





knowing the same to have been stolen, in violation of Title 18, United States Code, Sections 659

and 2.


FORFEITURE ALLEG ATION S

The allegations in this lndictment are re-alleged and by this reference fully

incorporated herein for the purpose of alleging crim inal forfeiture to the United States of Am erica

of certain property in which any of the defendants, YOAN PEREZ, LEO NEL PADRON

BELLO , EM ILIO HERREM , RICARDO GO NZALEZ, M SIEL PEREZ, ELOY

GARCIA, M ISAEL CABREM RUIZ, and RODOLFO URM , has an interest.

Upon conviction of a violation of Title 18, United States Code, Section 659, or a

conspiracy to comm it such violation, as alleged in this lndictm ent, the defendant so convicted shall

forfeit to the United States of Am erica, any property, real or personal, whieh constitutes or is

dedved from proceeds traceable to such violation, pursuant to Title 18, United States Code, Section

98 1(a)(1)(C).

All pursuant to Title 18, United States Code, Section 98 1(a)(1)(C), and the procedures set

forth in Title 2 1, United States Code, Section 853, which are m ade applicable by Title 28, United

States Code, Sedion 2461(c).

A TRUE BILL

FO/EFERSON

$ p t- tW IFREDO A.FERRER

UNITED STATES ATTORNEY

MOVITZ 'CARY 0. AROASSISTANT UNITED STATES ATTORN EY

10


UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDA

UNITED STATES OF AMERICA

VS.

YOAN PEREZ, et aI.

Defendants./

Court Division: (Select One)

x Miami Ke WestIB FTpFTu w

New Defendantts)Num ber of New Defendants

Total number of counts

CASE NO.

CERTIFICATE OF TRIAL ATTO RNEY,

Superseding Case Information:

Yes No

1 do hereby certify that:

I have carefully considered the allegations of the indictmeq t the number of defendants, the numberof probable witnesses and the Iegal complexities of the Indlctment/lnformation attached hereto.

I am aware that th: information s pu plied oq this jtqtemeqt will be relied upon by the Judges of thisd schedullng crlmlnal trlals under the mandate of the Speedy TrialCourt in setting thelr cal:ndars an

Act, Title 28 U.S.C. Sectlon 3161.

4.

5.

lqterpreter: (Yes qr No) YesLlst Ianguage and/or dlalect panlsh

This case will take 6-8 days for the parties to try.

Please check appropriate category and type of offense Iisted below:

lcheck only onel (Check only one)

I 0 to 5 days11 6 to 10 days11 I 1 1 to 20 daysIV 21 to 60 daysV 61 days and over X

6. Has this case been previously filed in this District Court? (Yes or No) NoIf yes:

Judge: Case No.(Attach copy Pf dispositive ?rdeç)Has a complalnt been filed In thls matter? (Yes or No) YesIf yej:Maglstrate Case No. 16-mj-03359-EGT

Related Miscqllaneous numbers:Defendantts) ln federal custody as ofDefendantls) In state custody as of

Rule 20 from the ls rIc o

ls this a potential death penaltycase? (Yes or No) MN

XpyttyM ! nOrM lsdem .Felony

Dpes this case or gi inate from a matter pending in the Northern Region of the U.S. Attorney's Office4- 2003:2 Yes x Noprlor to October 1 ,

Dges this case originate from a matter pending in the Central Region of the U.S. Attorney's Officeprlor to Septem ber 1, 2007:2 Yes x No

8.

/

CARY , AR VITZASSISTANT UNITED STATES ATTO RNEYFlorida Bar No. 86425

*penalty Sheetts) attached REV 4/8/08




PENALTY SHEET

Defendant's Nam e: YOAN PEREZ

Case No:

Count #: 1

Conspiracy to Steal Goods from an Interstate or Foreign Shipm ent

Title 18, United States Code, Section 371

*M ax. Penalty: 5 Years' lm prisonment

Count #: 2

Theft from an lnterstate or Foreign Shipm ent

Title 18, United States Code, Sections 659 and 2

*M ax. Penalty: 10 Years' Im prisonment

Count #: 3

Conspiracy to Receive Goods Stolen from an lnterstate or Foreign Shipment

Title 18, United States Code, Sedion 371

*M ax. Penalty: 5 Years' Im prisonment

Count #: 9

Possession of Goods Stolen from an lnterstate or Foreign Shipm ent


*M ax. Penalt'y: 10 Years' Im prisonm ent

*Refers only to possible term of incarceration, does not include possible fines, restitution,

special assessm ents, parole term s, or forfeitures that m ay be applicable.


UNITED STATES DISTRICT CO URT

SOUTH ERN DISTRICT OF FLO RIDA

PENALTY SHEET

Defendant's Nam e: LEONEL PADRON BELLO

Case No:

Count #: l

Conspiracy to Steal Goods from an lnterstate or Foreign Shipm ent


*M ax. Penalty: 5 Years' lmprisonm ent

Count #: 2

Thcft from an lnterstate or Foreign Shipm ent


*M ax. Penalty: 10 Years' lm prisonm ent

Count #: 3

Conspiracy to Receive Stolen Goods from an lnterstate or Foreign Shipment


*M ax. Penalty: 5 Years' lm plisonment

Counts #: 9- 1 1


Title 18, United States Code, Sedions 659 and 2

*M ax. Penalty: 10 Years' lmprisonment





SOUTH ERN DISTRICT OF FLORIDA

PENALTY SHEET

Defendant's Name: EM ILIO HERRERA

Case No:

Count #: 3

Conspiracy to Receive Stolen Goods from an lnterstate or Foreign Shipm ent



Counts #: 8-1 1







UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDA

PENALTY SH EET

Defendant's Nam e: RICARDO GONZALEZ

Case No:

Count #: 3

Conspiracy to Receive Goods Stolen from an Interstate or Foreign Shipm ent



Counts #: 8 and 1 1

Possession of Goods Stolen from an Interstate or Foreign Shipment

Title 18, United States Code, Sedions 659 and 2

*M ax. Penalty: 10 Years' Im prisonm ent






PENALTY SH EET

Defendant's Nam e: RASIEL PEREZ

Case No:

Count #: 3



*M ax. Penalty: 5 Years' Im prisonm ent

Counts #: 4-7

Possession of Goods Stolen from an lnterstate or Foreign Shipment


*M ax. Penalty: 10 Years' lm prisonm ent




UNITED STA TES DISTRICT COURTSOUTH ERN DISTRICT O F FLO RIDA

PENALTY SHEET

Defendant's Name: ELOY GARCIA

Case No:

Count #: 3




Counts #: 5-7








SOUTHERN DISTRICT O F FLO RIDA

PENALTY SHEET

Defendant's Nam e: M ISAEL CABRER A RUIZ

Case No:

Count #: 3

Conspiracy to Receive Goods Stolen from an lnterstate or Foreign Shipm ent



Count #: 4

Possession of Goods Stolen from an Interstate or Foreign Shipment


*M ax. Penalty: 10 Years' Imprisonment


special assessm ents, parole terms, or forfeitures that m ay be applicable.




PENALTY SH EET

Defendant's Nam e: RODOLFO URR A

Case No:

Count #: 3

Conspiracy to Receive Goods Stolen from an lnterstate or Foreign Shipm ent



Count #: 4



*M ax. Penalty: 10 Years' Imprisonment




1 6 - 2 0 ord 0 1...2016/10/25 · case 1:16-cr-20801-jal document 23 entered on flsd docket...

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