17-20126-cr-moore/mcaliley - insight crime · 16-02-2017 · wilmer onelis hinestroza pereira and...
TRANSCRIPT
UNITED STA TES DISTRICT COURT
SO UTH ERN DISTRICT O F FLO RIDA
CASE NO.
18 U.S.C. j 37118 U.S.C. j 922(a)(1)(A)18 U.S.C. j 554(a)22 U.S.C. jj 2778(b)(2) and (c)18 U.S.C. j 981(a)(1)(C)22 U.S.C. j 40121 U.S.C. j 853
UNITED STATES OF AM ERICA
ENDER ENRIQUE SOTO HERNANDEZ,ENDER ALBERTO SOTO H ERNANDEZ,LUIS ANTONIO URDANETA POZO,
W ILM ER ONELIS HINESTROZA PEREIM , and
ALCIBIADES DeJESUS PALM AR NARVAEZ,
Defendants.
INDICTM ENT
The Grand Jury charges that:
GENERAL ALLEGATIONS
At all times relevant to this lndidm ent:
ln furtherance of the national security and foreign policy interests of the United
States, the United States regulates and restricts the export of arm s, munitions, implements of war,
and defense articles pursuant to the Arms Export Control Act (the ''AECA''), codified at Title 22,
United States Code, Section 2778.
A principal purpose of these laws is to provide accurate and truthful infonnation to
the United States to allow departm ents of the United States governm ent to m onitor and control the
distribution, exportation, and delivery of defense articles.
17-20126-CR-MOORE/MCALILEY
Feb 16, 2017
TBCase 1:17-cr-20126-KMM Document 1 Entered on FLSD Docket 02/17/2017 Page 1 of 25
The regulations that govern such exports are the Intenzational Traffic in Arm s
Regulations (the :1lTAR''), codified at Title 22, Code of Federal Regulations, Sections 120-130.
lncluded in the ITAR is a list of defense articles and defense services that are subject to control under
the ITAR. This list, found in Title 22, Code of Federal Regulations, Section 121.1, is called the
United States M unitions List.
Pursuant to the AECA and the ITAR, no defense articles or defense services m ay be
exported or otherwise transferred from the United States to another country without a license from
the United States Departm ent of State, Directorate of Defense Trade Controls. The ITAR also
prohibits re-exports, transfers, transshipm ents, and diversions from foreig'n countries of previously
exported defense articles or services without State Department authorization.
Non-automatic and semiautomatic firearms up to caliber .50 inclusive (including
ritles, carbines, pistols, and revolvers not over .50 caliber), as well as ammunition for such firearms,
are recognized as defense articles under the United States M unitions List, Title 22, Code of Federal
Regulations, Section 12 l . l , Category 1, Subparts (a) and U)(1).
6. The defendants, ENDER ENRIQUE SOTO HERNANDEZ, ENDER ALBERTO
SO TO HERNANDEZ, LUIS ANTONIO URDANETA POZO , W ILM ER ONELIS
HINESTROZA PEREIM , and ALCIBIADES DeJESUS PALM AR NARVAEZ, did not
possess or obtain the necessary licenses to export from the United States non-autom atic and
sem iautom atic firearm s to caliber .50 inclusive and am munition.
2
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CO UNT I
Conspiracy
(18 U.S.C. j 371)
The allegations set forth in paragraphs l through 6 of the General Allegations are
hel-eby incop orated as if set forth fully herein.
From on or about February 23, 20l 3, the exact date being unknown to the Grand
Jury, until on or about October 2 1, 201 6, in M iami-Dade County, in the Southern District of
Florida, and elsewhere, including the country of Venezuela, the defendants,
ENDER ENRIQUE SOTO HERNANDEZ,ENDER ALBERTO SOTO HERNANDEZ,LUIS ANTONIO URDANETA POZO,
W ILM ER O NELIS HINESTROZA PEREIM , and
ALCIBIADES DeJESUS PALM AR NARVAEZ,
did knowingly and willfully com bine, conspire, confederate, and agree with Jose Gutierrez M orales,
Alfredo M ontilla Hem andez, Abrahan Jose Aguilar Sanchez, and others known and unknown to the
Grand Jury, to com mit any offense against the United States, that is:
(a) to willfully engage in the business of dealing in fireanns in foreign commerce, being
other than a licensed importer, m anufacturer, and dealer and in the course of such business to ship,
transport, and receive any firearm in foreign commerce, in violation of Title l 8, United States Code,
Sections 922(a)(l)(A) and 924(a)(1)(D);
(b) to fraudulently and knowingly export and send from the United States to a place
outside thereof, that is, Venezuela, any merchandise, article, and object, that is, fireanus and
ammunition, and did conceal and facilitate the transportation and concealm ent of such merchandise,
article, and object prior to exportation, knowing the same to be intended for exportation, contrary to
any 1aw and regulation of the United States, that is, Title 22, United States Code, Section 2778, and
3
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Title 22, Code of Federal Regulations, Section 121.1 ; in violation of Title 18, United States Code,
Sections 554(a)', and
(c) to knowingly and willfully export çtdefense articles,'' that is, firearms and
am munition, from the United States to a place outside thereof, that is, Venezuela, without having
tirst obtained the required license or other written approval from the United States Departm ent of
State, Directorate of Defense Trade Control, in violation of Title 22, United States Code, Sections
2778*)(2) and (c), Title 22, Code of Federal Regulations, Section 121.1, Category 1, Subparts (a)
and (j)(1.), and 127. 1(a)(1 ).
OBJECT AND PURPOSE OF TH E CONSPIM CY
lt was an object and purpose of the conspiracy for the defendants to emich themselves and
their co-conspirators by illegally selling firearm s and ammunition in Venezuela that travelled in
foreign commerce without a license.
M ANNER AND M EANS O F THE CO NSPIM CY
The manner and means by which the defendants sought to accomplish the object and purpose
of the conspiracy included, among others, the following:
Defendants ENDER ENRIQUE SOTO HERNANDEZ and ENDER ALBERTO
SOTO H ERNANDEZ exported ammunition by packing it in their luggage for tlights from M iami,
Florida to Venezuela.
Defendant LUIS ANTO NIO URDANETA POZO and known and unknown co-
conspirators purchased fireal'm s and am munition from a variety of sources within the State of
Florida.
Defendants ENDER ALBERTO SO TO H ERNANDEZ and W ILM ER ONELIS
Case 1:17-cr-20126-KMM Document 1 Entered on FLSD Docket 02/17/2017 Page 4 of 25
HINESTROZA PEREIR A and known co-conspirators stole ammunition from retail stores within
the State of Florida.
4. Defendant ENDER ENRIQUE SOTO HERNANDEZ arranged for Defendants
LUIS ANTONIO URDANETA POZO , ENDER ALBERTO SOTO HERNANDEZ, and
W ILM ER ONELIS HINESTROZA PEREIRA and known co-conspirators to take the purchased
fireanns and the purchased and stolen am munition to locations in the State of Florida to conceal
them in containers for international shipm ent.
Defendants ENDER ENRIQUE SOTO HERNANDEZ and ALCIBIADES
DeJESUS PALM AR NARVAEZ and known and unknown co-conspirators arranged for freight
fonvarders in the M iami, Florida, area to receive the packages containing the tirearm s and
amm unition and caused the freight folw arders to ship the packages to M aracaibo, Venezuela.
6. Defendants ENDER ENRIQUE SOTO HERNANDEZ, ENDER ALBERTO
SOTO HERNANDEZ, and W ILM ER O NELIS HINESTROZA PEREIM and known and
unknown co-conspirators received the packages in M aracaibo, Venezuela, and sold the fireanns and
am munition in Venezuela.
OVERT A CTS
ln furtherance of the conspiracy and to achieve the object and purpose thereof, at least one
of the co-conspirators com mitted 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 February 23,2013, ENDER ALBERTO SOTO H ERNANDEZ
exported am munition by packing it in his luggage on a flight from M iam i, Florida, to M aracaibo,
Venezuela.
5
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On or about August 9, 2013, ENDER ENRIQUE SOTO HERNANDEZ attempted
to export approxim ately 54 pounds' wol'th of am munition by packing it in his luggage on a flight
from M iami, Florida, to M aracaibo, Venezuela.
ln or around January 2016, ENDER ENRIQUE SOTO HERNANDEZ obtained
empty m arine battery cases for the purpose of concealing ammunition and firearms.
4.
purchased and stole am munition from retail stores in the State of Florida.
In or around January 2016, W ILM ER ONELIS H INESTROZA PEREIM
ln or around January 2016, LUIS ANTONIO URDANETA POZO provided
W ILM ER ONELIS HINESTROZA PEREIRA and Jose Gutierrez M orales with approxim ately
l 3 fireanus to package, ship and send to Venezuela.
6. ln or around January 2016, W ILM ER ONELIS HINESTRO ZA PEREIRA
packaged the firearm s and amm unition described above in the empty m arine battery cases provided
by ENDER ENRIQUE SOTO HERNANDEZ.
On or about February 1 1, 2016, ENDER ENRIQUE SOTO HERNANDEZ and
ALCIBIADES DeJESUS PALM AR NARVAEZ arranged for a freight forwarder in the M iam i,
Florida, area to take the packages containing the hidden firearm s and amm unition and ship them to
M aracaibo, Venezuela.
8 .
acquisition of two (2) AR-15 assault rifles in or around the Tanzpa, Florida, area.
In or around June 2016, LUIS ANTONIO URDANETA POZO arranged for the
ln or around June 2016, LUIS ANTONIO URDANETA POZO arranged for the
assault rifles and dozens of boxes of ammunition to be hidden in electlical generators.
10. On or about June 24, 2016, ENDER ENRIQUE SOTO HERNANDEZ and
6
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ALCIBIADES DeJESUS PALM AR NARVAEZ arranged for a freight folw arder in the M iam i,
Florida, area to take the packages containing the hidden firearm s and am munition and ship them to
M aracaibo, Venezuela.
From in or around August 2016 until on or about October l9, 2016, ENDER
ALBERTO SOTO HERNANDEZ acquired firearms in the M iam i, Florida, area.
From in or around August 2016 until on or about October 19, 2016, ENDER
ALBERTO SOTO HERNANDEZ purchased and stole am munition in the M iami, Florida, area.
In or about October 2016, ENDER ALBERTO SOTO H ERNANDEZ packaged
eight (8) fireanns and approximately 23,500 rounds of ammunition in empty maline battery cases.
14. On or about October 19, 2016, LUIS ANTONIO URDANETA POZO provided
ENDER ALBERTO SOTO HERNANDEZ, Jose Gutierrez M orales, and Alfredo M ontilla
Henzandez with five (5) AR-15 assault rifles in the Miami, Flolida, area.
On or about October 21, 2016, ENDER ENRIQUE SOTO HERNANDEZ and
ALCIBIADES DeJESUS PALM AR NARVAEZ arranged for a freight fom arder in the M iami,
Flolida, area to take the packages containing the hidden eight (8) fireanus and approximately 23,500
rounds of am munition and ship them to M aracaibo, Venezuela.
All in violation of Title 18, United States Code, Section 371 .
CO UNT 2
Engaging in Business of Dealing Firearm s W ithout a License
(18 U.S.C. j 922(a)(1)(A))
From on or about Febrtlary 23, 2013, to on or about October 21 , 2016, in M iami-Dade
County, in the Southern District of Florida, and elsewhere, including the country of Venezuela, the
defendants,
7
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ENDER ENRIQUE SOTO HERNANDEZ,ENDER ALBERTO SOTO H ERNANDEZ,
LUIS ANTONIO URDANETA POZ uo
W ILM ER ONELIS H INESTROZA PEREIR A, and
ALCIBIADES DeJESUS PALM AR NARVAEZ,
did willfully engage in the business of dealing in fireanns in foreign comm erce, being other than a
licensed importer, m anufacturer, and dealer, and in the course of such business did ship, transport,
and receive any fireann in foreign comm erce, in violation of Title 18, United States Code, Sections
922(a)(1)(A), 924(a)(1)(D), and 2.
CO UNT 3
Sm uggling Firearm s and Am m unition from the United States
(Title 18, United States Code, Section 554(a))
The allegations set forth in paragraphs l through 6 of the General Allegations are
hereby incorporated as if set forth fully herein.
On or about February 1 1 , 2016, in M iam i-Dade County, in the Southern District of
Florida and elsewhere, the defendants,
ENDER ENRIQUE SOTO HERNANDEZ,LUIS ANTONIO URDANETA POZO,
W ILM ER ONELIS H INESTROZA PEREIR A, andALCIBIADES DeJESUS PALM AR NARVAEZ,
did fraudulently and knowingly export and send from the United States to a place outside thereof,
that is, Venezuela, any merchandise, article, and object, that is, firearms and ammunition, and did
conceal and facilitate the transportation and concealment of such merchandise, article, and object
prior to exportation, knowing the sam e to be intended for exportation, contrary to any law and
regulation of the United States, that is, Title 22, United States Code, Section 2778, and Title 22,
Code of Federal Regulations, Section 12 1 . l ; in violation of Title l 8, United States Code, Sections
8
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554/) and 2.
It is further alleged that the firearm s and amm unition are:
a. Twelve (12) handguns (various calibers) and
b. Numerous boxes of ammunition (various calibers).
COUNT 4
Arm s Export Control Act Violation
(Title 22 United States Code, Sections 2778(b)(2) and (c))
The allegations set forth in paragraphs 1 through 6 of the General Allegations are
hereby incorporated as if set forth fully herein.
On or about February l 1, 20l 6, in M iam i-Dade County, in the Southern District of
Florida and elsewhere, the defendants,
ENDER ENRIQUE SOTO HERNANDEZ,LUIS ANTONIO URDANETA POZO,
W ILM ER O NELIS HINESTROZA PEREIM , and
ALCIBIADES DeJESUS PALM AR NARVAEZ,
did knowingly and willfully export 'çdefense articles,'' that is, fireanns and am munition, from the
United States to a place outside thereof, that is, Venezuela, without having first obtained the required
license or other written approval from the United States Departm ent of State, Directorate of Defense
Trade Control, in violation of Title 22, United States Code, Sections 2778(b)(2) and (c), Title 22,
Code of Federal Regulations, Sections 121.1 , Category 1, Subparts (a) and (j)(1), and 127.l(a)(l),
and Title l 8, United States Code, Section 2.
COUNT S
Sm uggling Firearm s and Am m unition from the United States
(Title 18, United States Code, Section 554(a))
The allegations set forth in paragraphs 1 through 6 of the General Allegations are
9
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hereby incorporated as if set forth fully herein.
2. On or about June 25, 2016, in M iam i-Dade County, in the Southern District of
Florida, and elsewhere, the defendants,
ENDER ENRIQUE SOTO HERNANDEZ,LUIS ANTONIO URDANETA PO ZO,
W ILM ER ONELIS H INESTROZA PEREIRA, and
ALCIBIADES DeJESUS PALM AR NARVAEZ,
did fraudulently and knowingly export and send from the United States to a place outside thereof,
that is, Venezuela, any merchandise, article, and object, that is, fireanns and ammunition, and did
conceal and facilitate the transportation and concealment of such merchandise, article, and object
prior to exportation, knowing the same to be intended for exportation, contrary to any law and
regulation of the United States, that is, Title 22, United States Code, Section 2778, and Title 22,
Code of Federal Regulations, Section 12 1. l ; in violation of Title 1 8, United States Code, Sections
554(a) and 2.
3. lt is further alleged that the fireanns and amm unition are:
a. Two (2) AR-15 assault ritles and
b. 371 boxes of ammunition (valious calibers).
COUNT 6
Arm s Export Control Act Violation
(Title 22 United States Code, Sections 27784b)(2) and (c))
The allegations set forth in paragraphs 1 through 6 of the General Allegations are
hereby incorporated as if set fol'th fully herein.
2. On or about June 25, 2016, in M iam i-Dade County, in the Southelm District of Florida
and elsewhere, the defendants,
10
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ENDER ENRIQUE SOTO HERNANDEZ,LIJIS ANTO NIO URDANETA POZO ,
W ILM ER ONELIS HINESTROZA PEREIM , and
ALCIBIADES DeJESUS PALM AR NARVAEZ,
did knowingly and willfully export tfdefense articles,'' that is, fireanns and am m unition, from the
United States to a place outside thereof, that is, Venezuela, without having first obtained the required
license or other written approval from the United States Department of State, Directorate of Defense
Trade Control, in violation of Title 22, United States Code, Sections 2778(b)(2) and (c), Title 22,
Code of Federal Regulations, Sections 121 . 1, Category 1, Subparts (a) and (j)(1), and 127. l (a)(1),
and Title 18, United States Code, Section 2.
COUNT ;
Attempted Sm uggling Firearms and Am munition from the United States
(Title 18, United States Code, Section 554(a))
The allegations set forth in paragraphs 1 through 6 of the General Allegations are
hereby incorporated as if set forth fully herein.
On or about October 2 1, 201 6, in M iami-Dade County, in the Southern District of
Florida, and elsewhere, the defendants,
ENDER ENRIQUE SOTO HERNANDEZ,ENDER ALBERTO SOTO H ERNANDEZ,
LUIS ANTONIO URDANETA POZ uo
ER ONELIS HINESTROZA PEREIIW andW ILMALCIBIADES DeJESUS PALM AR NARVAEZ,
did fraudulently and knowingly attempt to export and send from the United States to a place outside
thereot that is, Venezuela, any merchandise, article, and object, that is, fireanns and ammunition,
and did conceal and facilitate the transportation and concealm ent of such merchandise, article, and
object prior to exportation, knowing the same to be intended for exportation, contrary to any 1aw
Case 1:17-cr-20126-KMM Document 1 Entered on FLSD Docket 02/17/2017 Page 11 of 25
and zegulation of the United States, that is, Title 22, United States Code, Section 2778, and Title
22, Code of Federal Regtllations, Section l 21.1 ; in violation of Title 18, United States Code,
Sections 554(a) and 2.
3. lt is further alleged that the t'irearm s and amm unition are:
a. One (l) Glock 19 pistol (serial # ABVT561);
One (1) Glock 34 pistol (selial # ULH920);
One (1) Glock 23 pistol (serial # UTL390);
d. One (l) Glock 34 pistol (serial # BBXW 684);
e. One (1) Glock 17 pistol (serial # XZT25l);
f. One (l) Smith & Wesson M&P Shield pistol (serial # HPYI 180);
g. One (1) Smith & Wesson M&P Shield pistol (serial # HNH6051);
h. One (1) Heckler & Koch VP9 pistol (serial # 224-124703);
One (1) Beretta 9mm pistol (serial # 4097622Z);
One (1) Smith & W esson .380 pistol (serial # KCV3473);
k. One (1) P-A 15 AR-15 assault lifle lower receiver (serial # AP003301);
One (1) DPMS AR-l5 assault ritle lower receiver (selial # FH107050);
m. One (l) Sig Sauer AR-15 assault rifle lower receiver (serial # 53E010600),.
One (1) Smith & Wesson MP15 AR-15 assault rifle lower receiver (serial
#5R.89475);
One (1) Ruger AR.-556 assault rifle lower receiver (serial # 850-2 l 853); and
25,272 rounds of ammunition (various calibers).
Case 1:17-cr-20126-KMM Document 1 Entered on FLSD Docket 02/17/2017 Page 12 of 25
COUNT 8
Arm s Export Control Act Violation
(Title 22 United States Code, Sections 2778(b)(2) and (c))
The allegations set forth in paragraphs 1 through 6 of the General Allegations al-e
hereby incorporated as if set forth f'ully herein.
On or about October 21, 2016, in M iam i-Dade County, in the Southem District of
Florida and elsewhere, the defendants,
ENDER ENRIQUE SOTO HERNANDEZ,ENDER ALBERTO SOTO HERNANDEZ,
LUIS ANTO NIO URDANETA POZO,
W ILMER ONELIS HINESTROZA PEREIIRA andALCIBIADES DeJESUS PALM AR NARVAEZ,
did knowingly and willfully attem pt to export Efdefense articles,'' that is, firearm s and am munition,
from the United States to a place outside thereof, that is, Venezuela, without having first obtained
the required license or other written approval from the United States Departm ent of State, Directorate
of Defense Trade Control, in violation of Title 22, United States Code, Sections 2778(b)(2) and (c),
Title 22, Code of Federal Regulations, Sections 121 .1, Category 1, Subparts (a) and j*)(1), and
127.1 (a)(1),p and Title l 8, United States Code, Section 2.
FORFEITURE ALLEGATIONS
The allegations of this Indictm ent are re-alleged and by this reference fully
incorporated herein for the purpose of alleging crim inal forfeiture to the United States of America
of certain property in which the defendants, ENDER ENRIQUE SOTO HERNANDEZ, ENDER
ALBERTO SOTO HERNANDEZ, LUIS ANTONIO URDANETA PO ZO, W ILM ER
ONELIS HINESTROZA PEREIRA and ALCIBIADES DeJESUS PALM AR NARVAEZ,
have an interest.
13
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Upon conviction of a violation of Title 22, United States Code, Section 2778, or
conspiracy to comm it such violation, as alleged in this Indictm ent, the defendants shall each forfeit
to the United States of Am erica any property, real or personal, which constitutes or is derived from
proceeds traceable to such offense, any anns or munitions of war or other articles exported or
rem oved fl-om the United States as a result of the offense, and any vessel, vehicle, or aircraft
containing the same or which has been or is being used in exporting or attempting to export such
arm s or m unitions of war or other articles, pursuant to Title 18, United States Code, Section
98 1(a)(1)(C) and Title 22, United States Code, Section 401 .
Upon conviction of a violation of Title 18, United States Code, Section 554, as
alleged in this Indictment, the defendants shall each forfeit to the United States of Am erica any
property, real ol- personal, which constitutes or is derived from proceeds traceable to such offense,
pursuant to Title l 8, United States Code, Section 98 1(a)(1)(C).
4. Upon conviction of any violation of criminal law of the United States, as alleged in
this Indictm ent, the defendants shall each forfeit the United States of Am erica any fireanns and
am munition involved in the comm ission of such offense, pursuant to Title 18, United States Code,
Section 924(d).
The property which is subject to forfeiture includes, but is not limited to:
(a) One (1) Glock 19 pistol (serial # ABVT561);
(b) One (1) Glock 34 pistol (serial # ULH920);
(c) One (1) Glock 23 pistol (serial # UTL390);
(d) One (1) Glock 34 pistol (serial # BBXW 684);
(e) One (l) Glock 1 7 pistol (serial # XZT251);
Case 1:17-cr-20126-KMM Document 1 Entered on FLSD Docket 02/17/2017 Page 14 of 25
(9 One (l) Smith & W esson M&P Shield pistol (selial # HPYI 180),.
(g) One (1) Smith & W esson M&P Shield pistol (selial # HNH605l);
(h) One (1) Heckler & Koch VP9 pistol (serial # 224-124703);
(i) One (1) Beretta 9mm pistol (serial # 4097622Z);
(j) One (1) Smith & W esson .380 pistol (serial # KCV3473);
(k) One (1) P-A 15 AR-15 assault rifle lower receiver (serial # AP003301);
(l) One (1) DPMS AR-15 assault rifle lower receiver (selial # FH107050);
(m) One (1) Sig Sauer AR-l 5 assault ritle lower receiver (serial # 53E010600);
(n) One (l) Smith & Wesson MP l 5 AR-I 5 assault rifle lower receiver (serial #5R89475),.
(o) One (1) Ruger A.R-556 assault ritle lower receiver (serial # 850-21853);
(p) 25,272 rounds of ammunition (various calibers);
(q) Five (5) AR-15 assault rifle upper receivers (various manufadurersl',
(r) Other AR- 15 assault rifle accessories, to include handguards, rails, ritle sights,grips, and m agazines;
(s) One (1) Beretta BC2 Grip and Rail System',
(t) Tllree (3) 9mm magazines (various manufacturersl; and
(u) One (1) Smith & W esson .380 magazine.
All pul-suant to Title 18, United States Code, Sections 924(4) and 981(a)(1)(C), Title 22,
United States Code, Section 401, and the procedures set forth in Title 21, United States Code, Sedion
Case 1:17-cr-20126-KMM Document 1 Entered on FLSD Docket 02/17/2017 Page 15 of 25
853, al1 of which are made applicable by Title 28, United States Code, Section 2461(c).
A TRUE BILL
W IF DO A. F ER
UN ED STATE ATTORNEY1
ADAM S. FELS
ASSISTANT UN ITED STATES ATTORN EY
F REPERSON
Case 1:17-cr-20126-KMM Document 1 Entered on FLSD Docket 02/17/2017 Page 16 of 25
UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDA
CASE NO.UNITED STATES OF AMERICA
VS.
ENDER ENRIQUE SOTO HERNANDE ZZ
ENDER ALBERTO SOTO HERNANDEZ,LUIS ANTONIO URDANETA POZ
aO
WILMER ONELIS HINESTROZA PEREIR Z.A and
ALCIBIADES DeJESUS PALMAR NARVAEZ,
Defendants./
Court Division: (select one)
X Miami Ke W est-
F,TU wA F-rpI do hereby certify that:
CERTIFICATE OF TRIAL ATTO RNEY
Superseding Case lnformation:
New Defendantts) Yes NoNum ber of New DefendantsTotal num ber of counts
I have carefully considered the allegations of the indictmeqt, the num ber of defendants, the num berof probable witnesses and the Iegal complexities of the Indlctment/lnform ation attached hereto
.
1 am aware that th: information supplied oq this jtqtemeqt will be relied upon by the Judges of thisCourt in setting thelr caljndars and schedullng crlmlnal trlals under the mandate of the Speedy TrialAct, Title 28 U.S.C. Sectlon 3161.
Iqterpreter: (Yes qr No) Yes1-1st Ianguage and/or dlalect panlsh
This case will take 10 days for the parties to try,
2.
Please check appropriate category and type of offense Iisted below:
(Check only one) (Check only one)
0 to 5 days6 to 10 days11 to 20 days21 to 60 days61 days and over
II II I IIVV
6. Has this case been previously filed in this District Court? (Yes or No) NoIf yes:
Judge: Case No.
(Attach copy qf dispositive grdef)Has a complalnt been filed In thls matter? (Yes or No) Nolf yej:Maglstrate Case No.
Related Misc:llaneous numbers:Defendantts) ln federal custody as of -Defendantls) in state custody as ofRule 20 from the
Is this a potential death penalty case? (Yes or No) No
PettyMinorMisdem .Felony X
5.
Dges this case or qi inate from a matter pending in the Northern Region of the U.S. Attorney's OfficeT, 2003? Yes x Noprlor to October 1
Dpes this case originate from a matter pending in the Central Region of the U.S. Attorney's Officeprlor to September 1 , 2007:2 Yes x No
8.
A D A M yS F E LASSISTANT UNITED STATES ATTORNEYCOURT NO. A5501040
'Penalty Sheetts) attached REV 4/8/08
Case 1:17-cr-20126-KMM Document 1 Entered on FLSD Docket 02/17/2017 Page 17 of 25
A
UNITED STATES DISTRICT COURT
SOUTH ERN DISTRICT OF FLO RIDA
PENALTY SHEET
Defendant's Name: ENDER ENRIQUE SOTO HERNANDEZ
Case No:
Count #: 1
Conspiracy
Title 18. United States Code, Section 371
*M ax. Penalty: 5 years' imprisonm ent.
Counts #: 2
Encacinc in Business of Dealinc Firearm s W ithout a License
Title 18. United States Code, Sedion 922(aà(1)(A)
* M ax. Penalty'. 5 years' imprisonment.
Count #: 3
Sm uggling Fireanns and Am munition from the United States
Title 18. United States Code, Section 554(a)
*M ax. Penalty: 10 years' imprisonment.
Count #: 4
Arm s Expol't Control Act Violation
Title 22, United States Code, Sections 2778(171(2) and (c1
*M ax. Penalty: 20 years' imprisonm ent.
ScRefers 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.
Case 1:17-cr-20126-KMM Document 1 Entered on FLSD Docket 02/17/2017 Page 18 of 25
UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLO RIDA
PENALTY SHEET
Count #: 5
Sm uazlinc Firearm s and Am munition from the United States
Title 18. United States Codes Section 5544a)
*M ax. Penalty: 10 years' implisonment.
Counts #: 6
Arm s Export Control Act Violation
Title 22, United States Code, Sections 2778417142) and (c)
* M ax. Penalty'. 20 years' imprisonment.
Count #: 7
Attempted Smuc/linu Fireanus and Am munition from the United States
Title 1 8, United States Codes Section 554(a)
*M ax. Penalty: 10 years' imprisonm ent.
Count #: 8
Anus Expol't Control Act Violation
Title 22, United States Code. Sections 2778417442) and (c)
*M ax. Penalty: 20 years' imprisonment.
WRefers 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.
Case 1:17-cr-20126-KMM Document 1 Entered on FLSD Docket 02/17/2017 Page 19 of 25
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
PENALTY SHEET
Defendant's Nam e: ENDER ALBERTO SOTO HERNANDEZ
Count #: 1
Conspiracy
Title 18s United States Code, Section 37 1
*M ax. Penalty: 5 years' imprisonm ent.
Counts #: 2
Enzacinc in Business of Dealing Firearms W ithout a License
Title 18, United States Codes Section 922(a)(1)(A1
* M ax. Penalty'. 5 years' implisonment.
Count #: 7
Attempted Smugglinx Fireanus and Am munition from the United States
Title 18, United States Code, Section j54(a)
*M ax. Penalty: 10 years' imprisonment.
Count #: 8
Arms G pol't Control Act Violation
Title 22. United States Code. Sedions 27784171(21 and (c)
*M ax. Penalty: 20 years' imprisonm ent.
Srltefers 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.
Case 1:17-cr-20126-KMM Document 1 Entered on FLSD Docket 02/17/2017 Page 20 of 25
t
UNITED STATES DISTRICT CO URT
SOUTHERN D ISTRICT OF FLORIDA
PENALTY SHEET
Defendant's Nam e: LUIS ANTO NIO URDANETA POZO
Case No:
Count #: 1
Conspiracy
Title 18, United States Code. Section 371
*M ax. Penalty: 5 years' imprisomnent.
Counts #: 2
Enaavina in Business of Dealin: Firearms W ithout a License
Title l8. United States Codes Section 922(a)(l)(A)
* M ax. Penalty: 5 years ' im prisonment.
Count #: 3
Smugcling Firearm s and Amm unition from the United States
Title l8, United States Code, Section 5544a)
*M ax. Penalty: 10 years' imprisonm ent.
Count #: 4
Arm s Export Control Act Violation
Title 22, United States Code. Sections 27784171(21 and (c)
*M ax. Penalty: 20 years' imprisonm ent.
SrRefers 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.
Case 1:17-cr-20126-KMM Document 1 Entered on FLSD Docket 02/17/2017 Page 21 of 25
t
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
PENALTY SHEET
Count #: 5
Smuairlinc Firearm s and Amm unition from the United States
Title 18, United States Codes Section 5544a1
*M ax. Penalty: 10 years' imprisonment.
Counts #: 6
Arm s Export Control Act Violation
Title 22, United States Code, Sections 2778*1(2) and (c)
* M ax. Penalty'. 20 years' imprisonment.
Count #: 7
Attempted Smuggling Fireanus and Am munition from the United States
Title 18s United States Code. Section 5544:0
*M ax. Penalty: 10 years' imprisonm ent.
Count #: 8
Title 22, United States Code. Sections 2778417142) and (c)
*M ax. Penalty: 20 years' imprisonm ent.
SrRefers 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.
Case 1:17-cr-20126-KMM Document 1 Entered on FLSD Docket 02/17/2017 Page 22 of 25
UNITED STATES DISTRICT CO URT
SOUTHERN DISTRICT OF FLORIDA
PENALTY SHEET
Defendant's Nam e: W ILM ER ONELIS HINESTROZA PEREIR A
Case No:
Count #: l
Conspiracy
Title l8. United States Code, Section 37 1
*M ax. Penalty: 5 years' imprisonment.
Counts #.' 2
Engagin: in Business of Dealing Firearms W ithout a License
Title l 8, United States Code, Section ?72(4)($)(A) - - - - - -
* M ax. Penalty: 5 years' implisonm ent.
Count #: 3
Sm uggling Fireanns and Am munition from the United States
Title 18, United States Code, Section 5544a)
*M ax. Penalty: 10 years' im prisonment.
Count #: 4
Anns Expol't Control A ct Violation
Title 22, United States Code, Sections 27784171(2) and (c)
*M ax. Penalty: 20 years' imprisomnent.
SrRefers only to possible term of incarceration, does not include possible fines, restitution,
special assessm ents, parole terms, or forfeitures that may be applicable.
Case 1:17-cr-20126-KMM Document 1 Entered on FLSD Docket 02/17/2017 Page 23 of 25
1
UNITED STATES DISTRICT COURT
SOUTH ERN DISTRICT OF FLORIDA
PENALTY SHEET
Defendant's Nam e: ALCIBIADES DeJESUS PALM AR NA RVAEZ
Count #: l
Conspiracy
Title 18, United States Code, Section 371
*M ax. Penalty: 5 years' imprisonment.
Counts #: 2
Engaginx in Business of Dealing Fireanus W ithout a License
Title 1 8- United States Code. Section 922(a)(1)(A)
* M ax. Penalty'. 5 years' imprisonment.
Count #: 3
Smuggling Firearms and Ammunition from the United States
Title 18, United States Code. Section 554(a)
*M ax. Penalty: 10 years' im prisonment.
Count #.. 4
Arm s Exnort Control Act Violation
Title 22, United States Code, Sections 27784b)42) and (c)
*M ax. Penalty: 20 years' imprisonm ent.
*Refers only to possible term of incarceration, does not include possible fines, restitution,
special assessm ents, parole terms, or forfeitures that m ay be applicable.
Case 1:17-cr-20126-KMM Document 1 Entered on FLSD Docket 02/17/2017 Page 24 of 25
UNITED STATES DISTRICT CO URT
SOUTHERN DISTRICT OF FLORIDA
PENALTY SHEET
Count #: 5
Smujm ling Firearm s and Amm unition from the United States
Title 18, United States Code, Section 5544a)
*M ax. Penalty: 10 years' imprisonm ent.
Counts #: 6
Arm s Export Control Act Violation
Title 22. United States Code, Sections 2778417)42) and (c)
* M ax. Penalty: 20 years' imprisonment.
Count #: 7
Aftempa d Sm-ugxlinxFiream s anltAmmunition from the United States
Title l 8, United States Code, Section 554(a)
*M ax. Penalty: 10 years' imprisonm ent.
Count #: 8
Arms Export Control Ad Violation
Title 22, United States Code, Sections 2778417442) and (c)
*M ax. Penalty: 20 years' im prisonment.
WRefers 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.
Case 1:17-cr-20126-KMM Document 1 Entered on FLSD Docket 02/17/2017 Page 25 of 25