John J. Flood   Bio & Jim McGough (Biography)
6304 N Francisco Av
Chicago. Il 60659
773-878-1002(tel)
 

I, Frank Jack Sodetz III, the undersigned complainant, being duly sworn state the following is true and correct to the best of my knowledge and belief From at least May 1, 2005 through and including May 25, 2005, in Cook county, in the Northern District of Illinois, defendants knowingly and intentionally conspired to possess with the intent to distribute a controlled substance; namely, approximately one kilogram of heroin, a Schedule II Narcotic Drug Controlled Substance, in violation of Title 21, United States Code, Sections 841(a)(1) and (b) and Section 846. I further state that I am a Special Agent Federal Bureau of Investigation and that this complaint is based on the following facts:

See Attached Affidavit.

Continued on the attached sheet and made a part hereof: X Yes _ No

	__________________ Signature of Complainant
Sworn to before me and subscribed in my presence,
June 6, 2005 Date	at Chicago, Illinois          City and State
Geraldine Soat Brown, U.S. Magistrate Judge	________________________
Name & Title of Judicial Officer	Signature of Judicial Officer

STATE OF ILLINOIS	)
	)      SS
COUNTY OF COOK	)

AFFIDAVIT OF FRANK JACK SODETZ III

I, Frank Jack Sodetz III, having been duly sworn according to law, depose and state as follows:

I. PRELIMINARY MATTERS

1. I am a Special Agent employed by the Federal Bureau of Investigation ("FBI"), United States Department of Justice. I have been so employed for over four (4) years, and am presently assigned to the Chicago (Illinois) Field Division. I have received specialized training in the enforcement of federal narcotics laws, and I have participated in investigations of Mexico and Colombia-based narcotics trafficking organizations operating nationwide. My training and experience has involved, among other things, (a) the debriefing of defendants, witnesses, and informants, as well as others who have knowledge of the distribution and transportation of controlled substances, and of the laundering and concealment of proceeds of drug trafficking; (b) surveillance; and (c) analysis of documentary and physical evidence. I have also received training and have extensive experience in investigations involving the interception of wire communications. Further, I have received training in testifying for judicial proceedings and prosecutions relating to violations of federal narcotics laws. Based on my training and experience as a FBI agent, I am familiar with the manner in which narcotics traffickers conduct their drug-related businesses, including the methods employed by narcotics traffickers to import and distribute narcotics, their use of telephones in

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furtherance of their illegal activities, and their use of coded language to refer to narcotics, drug proceeds, and other aspects of narcotics trafficking.

2,    I am responsible for investigating crimes that involve, among other things, the unlawful importation and exportation of illegal narcotics, the possession with the intent to distribute controlled substances, the distribution of controlled substances, the use of communication facilities to further these offenses, as well as the related laundering of monetary instruments, in violation of Title 21, United States Code, Sections 841(a)(1), 843(b), 846, 952(a), 960 and 963, and Title 18, United States Code, Sections 1956 and 1957. In conducting these investigations, I have used a variety of investigative techniques and resources in several investigations which have included physical and electronic surveillance, monitoring court-authorized wiretaps, managing the use of cooperating witnesses ("CWs") and informants, and securing other relevant information using other investigative techniques. Through these investigations, my training and experience and conversations with other Special Agents as well as other law enforcement personnel, I have become familiar with methods used by narcotic traffickers to safeguard their narcotics, to distribute narcotics, and to collect and launder related narcotic proceeds.

3.    I am familiar with the methods employed by narcotics dealers to conduct their drug-related business, including, but not limited to, their use of both prepaid cellular and cellular phones, as well as normal land line phones, public phones, debit calling cards, counter-surveillance, elaborate smuggling schemes tied to legitimate businesses, the use of

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false and/or fictitious identities, and the use of coded language during conversations when referring to narcotics in an attempt to disguise the true meaning of the conversation.

4.    I have participated in this investigation since early February 2005. The information in this affidavit was gained by me as a result of my personal participation in this investigation; through interviews with and analysis of reports submitted by other Special Agents of the FBI, Special Agents of the Drug Enforcement Administration (DEA), Troopers from the Illinois State Police (ISP), Officers from the Chicago Police Department, as well as other law enforcement personnel; information furnished by confidential sources; my review of consensually recorded conversations; a review of pen register and trap and trace information; and a review of information derived from court-authorized interception of wire communications. This affidavit does not contain all of the information I know regarding the persons and events described herein, and it contains a summary of the relevant facts.

5.    This affidavit is submitted in support of a criminal complaint charging JAVIER HERNANDEZ, a/k/a "HARVEY"; MICHAEL D. HART, a/k/a "DADA"; and ANTHONY C. RITACCO, a/k/a "TONE" with conspiracy to possess with intent to distribute in excess of 1,000 grams of heroine, a Schedule 1 Narcotic Drug Controlled substance, in violation of Title 21, United States Code, Sections 841(a) and (b) and 846; and for an application for a warrant to search the premises located at 1439 South 59th Avenue, Second Floor, Cicero, Illinois 60804 and to seize evidence concerning the commission of offenses under 21 U.S.C. §§ 841(a)(1) and (b) and 846.

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II. OVERVIEW OF THE CONSPIRACY

6.    Since February 2005, the FBI in Chicago has been investigating the drug trafficking and related activities of the Chicago based operations of a Columbian drug trafficking organization and the distribution network of a distributor for the organization, namely, Chicago distributor GEORGE A. PRADO. The investigation has focused on several members of the organization, including drug suppliers, distributors, couriers, and wholesale customers who have been responsible for the distribution of kilogram quantities of heroin in the Chicago area.

7.    The investigation has revealed that NORA RIVAS, a/k/a NORA E. RIVAS, a/k/a NORA ELENA LEON, a/k/a "FLACA"; and ALEXANDER MILLAN, a/k/a ALEXANDER MILLAN ZAPATA, a/k/a "ALEXILLO" lead the organization's efforts to bring heroin to Chicago. GEORGE A. PRADO is a high level distributor of heroin who is supplied by RIVAS and MILLAN. PRADO communicates with his narcotics suppliers by telephone and in person to coordinate deliveries of heroin, as well as drug proceeds. PRADO also received deliveries of heroin on credit from his suppliers, then distributes or attempts to distribute this heroin to dealers, to whom he sells the heroin, namely, JAVIER HERNANDEZ, a/k/a "HARVEY"; ANTHONY C. RITACCO, a/k/a "TONE"; and MICHAEL D. HART, a/k/a "DADA." These dealers generally purchase 100 gram quantities of heroin from PRADO and sell in the Chicago market. VITO J. RENTERIA is a courier who handled the exchange of narcotics from MILLAN and RIVAS directly to PRADO's distributors/wholesale customers.

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8.    Since March 20, 2005, pursuant to Court orders, the FBI has been intercepting wire communications on Target Phone One (defined below), which has been used principally by GEORGE A. PRADO. During the time period of the interception, the agents have confirmed through intercepted calls and physical surveillances that GEORGE A. PRADO used Target Phone One in connection with his distribution of controlled substances, including heroin. Agents seized heroin on three occasions, once prior to the interception period and twice during the interception period. The interceptions and related surveillances have indicated that GEORGE A. PRADO, with the assistance of persons including but not limited to NORA RIVAS, a/k/a NORA E. RIVAS, a/k/a NORA ELENA LEON, a/k/a "FLACA"; ALEXANDER MILLAN, a/k/a ALEXANDER MILLAN ZAPATA, a/k/a "ALEXILLO"; JAVIER HERNANDEZ, a/k/a "HARVEY"; MICHAEL D. HART, a/k/a "DADA"; ANTHONY C. RITACCO, a/k/a "TONE"; VITO J. RENTERIA; Individual A (CW2), and others known and unknown, have together caused the distribution of over a kilogram of heroin supplied by the Columbian organization to customers in Chicago

9.    This investigation has revealed the following about the roles of the defendants in the organization:

A. Organizers/Leaders

10.    SANDRA STEWART, a/k/a SANDRA RANGEL, a/k/a, "GUERA" (hereinafter STEWART), is an Hispanic female, born May 1, 1974 with a residential address of 213 May Street, Bensenville, Illinois 60106 as listed in Secretary of

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State drivers license records. STEWART delivers narcotics to RIVAS and MILLAN and retrieves narcotics proceeds from them.

11.    ALEXANDER MILLAN, a/k/a ALEXANDER MILLAN ZAPATA, a/k/a "ALEXILLO," (hereinafter MILLAN) is a high level member of the Columbian organization who is responsible for supervising the supply of kilogram quantities of heroin to Chicago. Alexander MILLAN is an Hispanic male, born on February 21, 1963, with a listed address of 8313 Northern Boulevard, Apt. 128, Jackson Heights, New York 11372. MILLAN is the user of cellular telephone number (312) 771-9309, discussed below. Subscriber information for telephone number (312) 771-9309, lists the name Carlos Arturo Ruiz and the address 1235 North Damen Street, Chicago, Illinois 60618. MILLAN was arrested on September 13, 2004 by the Immigration and Naturalization Service (USINS) Border Patrol Swanton, Vermont for illegal entry into the United States and deported. At the time of his arrest, MILLAN had a New York drivers license listing a residential address of 21 Del Ray Court, Staten Island, New York 10304. MILLAN was first observed by surveillance agents on May 6, 2005 and identified on May 20, 2005 after a comparison of photos taken during surveillances with MILLAN's New York drivers license photo.

12.    NORA RIVAS, a/k/a NORA E. RIVAS, a/k/a NORA ELENA LEON, a/k/a "FLACA," (hereinafter RIVAS) is an Hispanic female, born on December 7, 1968, with a residential address of 5315 North Damen Avenue, Chicago, Illinois listed in Secretary of State records and in the subscriber information for cellular telephone number (773) 263-2297 (Target Telephone Two) used by RIVAS. RIVAS is the user of Target Telephone Two

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described below. RIVAS manages the Columbian organization's supply of narcotics in Chicago and handles the collection of drug proceeds.

a..    On February 10, 2005, DEA Agents conducted surveillance of RIVAS and observed her depart a residence at 5315 North Damen Avenue, Chicago, Illinois and arrive at La Kayana Express located at 1625 West Montrose, Chicago, Illinois.¹ Agents observed RIVAS working at La Kayana Express throughout the day. On February 10, 2005, at approximately 9:10 a.m., a DEA agent placed a telephone call to cellular telephone number (773) 263-2297 (Target Telephone Two) while conducting surveillance on RIVAS. RIVAS was observed answering the telephone. On the same day, at approximately 5:00 p.m., another DEA agent, while observing RIVAS, placed a second call to cellular telephone number (773) 263-2297 Target Telephone Two). As the call connected, RIVAS was observed looking at the caller ID screen on her phone. RIVAS did not answer the call. Target Telephone Two is a cellular telephone serviced by Sprint Spectrum LLP and subscribed to in the name of NORA RIVAS, 5315 North Damen Avenue, Chicago, Illinois, 60625, born on December 7, 1968.

b.    On April 26, 2005, FBI agents conducted surveillance of La Kayana Express and observed RIVAS entering and exiting the business throughout the day. That same day, agents observed RIVAS operating a vehicle registered to Nora RIVAS and Jose Rivas, 5315 North Damen Avenue, Chicago, Illinois.

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¹ La Kayana Express is the legal name of the business. The sign posted outside La Kayana Express, however, reads "La Tienda Express."

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13.     GEORGE A. PRADO, (hereinafter PRADO) is an Hispanic male born on April 19, 1958 residing at 5856 South Nordica, Chicago, Illinois, 60638. Based upon City of Chicago records, PRADO is an employee of the Department of Water Management where he serves as a "Hoisting Engineer." PRADO is the user of Target Telephone One, described below. PRADO is the head of a Chicago cell that receives shipments of heroin on consignment from the Columbian organization.

B. Distributors/Wholesale Customers

14.     JAVIER HERNANDEZ, a/k/a "HARVEY" (hereinafter HERNANDEZ) is an Hispanic male born May 24, 1965. Based on public records, HERNANDEZ resides at 1439 South 59th Avenue, Cicero, Illinois. HERNANDEZ is a heroin distributor/wholesale customer of the Chicago cell run by PRADO.

15.     MICHAEL D. HART, a/k/a "DADA" (hereinafter HART) is an African American male, born on December 20, 1965, with a listed residential address in both public records and law enforcement databases of 1651 North Long, Chicago, Illinois, 60639. Based upon City of Chicago records, HART is an employee of the Department of Water Management where he serves as a "Laborer."

C.     Couriers

16.     VITO J. RENTERIA, (hereinafter RENTERIA) is an Hispanic-Italian male, born June 20, 1961. RENTERIA is the user of telephone number (708) 906-8705. RENTERIA is a courier for PRADO responsible for exchanging narcotics and proceeds between the suppliers and PRADO's wholesale customers and distributors.

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17.    Other couriers, known and unknown, are also used by MILLAN and RIVAS.

D. Customers

18.    ANTHONY C. RITACCO, a/k/a "TONE" (hereinafter RITACCO) is a white male, born July 16, 1959, residing at 5414 South Sayre Street, Chicago, Illinois, 60638. RITACCO has no known criminal history. Based upon City of Chicago records, RITACCO is an employee of the Department of Water Management where he serves as a "Cement Mixer." RITACCO is one of PRADO's customers.

19.    INDIVIDUAL A (also referred to herein as CW2), is a drug customer of PRADO's. On March 10, 2005, INDIVIDUAL A received approximately 100 grams of heroin from PRADO's courier, RENTERIA. See ¶¶ 25-33.

III. PROBABLE CAUSE FOR THE COMPLAINT AND SEARCH WARRANTS

A. Information Provided by Cooperating Witness (CW1)

20.    CW1 began cooperating with the FBI as a result of his/her arrest on September 3, 2001 by members of the Chicago Police Department (CPD) for possession of heroin. Ultimately, CPD agreed not to charge CW1 in that case, and CW1 began to cooperate with the FBI. CW1 has an extensive criminal history including convictions for prior drug related offenses. CW1 has had no further arrests since he/she began cooperating on September 3, 2001. Since 2001, CW1's information has led to the arrest of seventeen individuals and the seizure of approximately 170 grams of brown tar heroin; approximately eleven and one

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quarter kilograms of cocaine; and approximately 3,225 grams of white heroin. To date, the FBI has paid CW1 approximately 57,500.00 for his/her assistance.

21     In January 2005, CW1 provided information that INDIVIDUAL A;= a second individual known to CW1 as MICHAEL LNU (later identified during the investigation as MICHAEL D. HART); and an unknown Colombian male were involved in the trafficking of heroin. According to CW1, the unknown Colombian male supplied quantities of heroin to INDIVIDUAL A and HART who in turn sold the heroin to others.

22.    Since January 2005, CW1  has participated in several consensually recorded conversations with INDIVIDUAL A to discuss narcotics related activities.

23.    Among other calls, on February 8, 2005, at approximately 11:55 a.m., CW1 made a consensually recorded call to INDIVIDUAL A's cellular telephone.' CW1 informed INDIVIDUAL A that CW1 had spoken with his friend. INDIVIDUAL A advised CW1 that the heroin was in "fingers," each weighing 12 grams. Based upon my training and experience and subsequent discussions with INDIVIDUAL A, the term "fingers" refers to

__________________
²     CWl provided information that led to the arrest of INDIVIDUAL A while INDIVIDUAL A was in possession of approximately 100 grams of heroin. Charges have not yet been brought against INDIVIDUAL A. INDIVIDUAL A is cooperating with the FBI in this investigation with the hopes that if charged and convicted, he/she will receive a reduced sentence.

 ³     For some of the calls summarized in the Affidavit, I have placed in brackets my understanding of what is being said during the call. My understanding of the conversation is based on the contents and context of the conversations, my experience as a law enforcement officer and the experience of other law enforcement officers in this investigation, including our experience listening to the intercepted conversations as a whole as well as the information provided by CW1 and INDIVIDUAL A regarding their conversations. The times listed for these calls are approximate. All of the consensually recorded conversations were in English. The summaries of the consensually recorded conversations are based on your Affiant's review of the conversations.

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packets of heroin which are swallowed by human couriers and smuggled into the united States. INDIVIDUAL A informed CW1 that he could not "break it up" (meaning to divide the heroin into packets containing smaller quantities) and that CW1 needs to buy "12" or "24" (meaning 12 gram or 24 gram increments of heroin, or increments of 12 grams only). CW1 asked INDIVIDUAL A if the price per kilogram of cocaine was "21" (meaning 521,000 per kilogram of cocaine). INDIVIDUAL A said yes. Towards the end of the conversation, INDIVIDUAL A advised CW1 to let him know (about the purchase of the drugs).

24.    On February 10, 2005 and February 18, 2005, CW1 and INDIVIDUAL A engaged in several telephone conversations to discuss the purchase of varying quantities of heroin from CW1's source, later determined to be PRADO.

25.    On February 22, 2005, CW1 received a call from INDIVIDUAL A which was not recorded. According to CW1, INDIVIDUAL A said that he/she would need to obtain the money for the purchase of 100 grams of heroin from CW1 in advance. Once INDIVIDUAL A had the money, his/her supplier would deliver the heroin within an hour. CW1 told INDIVIDUAL A that he/she would get back with him/her.

B. PRADO Directs Delivery of 100 Grams of Heroin to INDIVIDUAL A on March 10, 2005

26.    On March 10, 2005, CW1 participated in several consensually recorded calls and two recorded meetings with INDIVIDUAL A to arrange for the delivery of 100 grams of heroin. Specifically, on March 10, 2005, at approximately 10:00 a.m., CW1 placed a recorded phone call to INDIVIDUAL A. During this conversation, INDIVIDUAL A asked

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CW1 what the time was? CW1 replied that it was after 10:00 a.m. and that CW1 would see INDIVIDUAL A around 11:00 a.m. Telephone records for Target Telephone One revealed that at approximately 10:04 a.m., after the recorded phone call was made, INDIVIDUAL A called Target Telephone One (PRADO's telephone) for approximately two minutes. Then, at approximately 10:15 a.m., Target Telephone One received a two minute incoming call from (773) 319-3529, the number which your affiant believes was used by PRADO's drug courier, RENTERIA. Immediately after this call, at approximately 10:16 a.m., a call was placed by Target Telephone One to INDIVIDUAL A which lasted approximately three minutes.

27. On March 10, 2005, at approximately 10:22 a.m., CW1 and his/her car were searched for contraband. After agents determined that there were no narcotics in CW1's car, or on CW1's person, CW1 was equipped with transmitting and recording devices. CW1 then drove to INDIVIDUAL A's place of employment in Chicago, Illinois and met with INDIVIDUAL A at approximately 10:29 a.m. This meeting was recorded and monitored by FBI agents. The following is based on a review of the recorded conversation by your Affiant. During the meeting between CW1 and INDIVIDUAL A, CW1 showed INDIVIDUAL A the purchase money for the 100 grams of heroin. CW1 said that INDIVIDUAL A never counted the money and that he/she would not give the money to INDIVIDUAL A. INDIVIDUAL A asked CW1 to provide him/her with the money and said he/she (INDIVIDUAL A) would contact CW1 in approximately an hour once he/she (INDIVIDUAL A) had it (the heroin). CW1 refused to provide INDIVIDUAL A with the

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money until INDIVIDUAL A had the heroin. Towards the end of the meeting, INDIVIDUAL A advised CW1 he/she (INDIVIDUAL A) would call CW1 in approximately one hour. The meeting concluded at approximately 10:33 a.m.

28.    On March 10, 2005, at approximately 11:41 a.m., agents observed an Hispanic male driving a dark blue Chevrolet Avalanche and using a cellular telephone in the area of INDIVIDUAL A's place of employment in Chicago, Illinois. The Chevy Avalanche, bearing Illinois license plate number 708 0670, was registered to: JUVENAL RENTERIA with a listed address of 8050 Roberts Road, Bridgeview, Illinois, 60455 (the "Chevy"). The driver of the Chevy, later identified as VITO RENTERIA, parked his truck directly across the street from INDIVIDUAL A's place of employment.

29.    On March 10, 2005, at approximately 11:42 a.m., CW1 received an incoming call from INDIVIDUAL A. During this conversation, INDIVIDUAL A informed CW1 he was ready and for CW1 to come to the same spot where they had met previously. This conversation was recorded.

30.    At approximately 11:45 a.m., surveillance agents observed INDIVIDUAL A exit his/her place of employment, walk to the Chevy, and enter the passenger side front door. A few moments later, INDIVIDUAL A exited the vehicle and walked back to and went inside his/her place of employment. The Chevy then drove away and was followed by surveillance. According to an interview later with INDIVIDUAL A, INDIVIDUAL A said he/she obtained the heroin from the driver of the Chevy (RENTERIA) at that time.

31.    On March 10, 2005, at approximately 12:01 p.m., surveillance agents observed

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RENTERIA meet with PRADO in a local restaurant on Taylor Street, Chicago, Illinois. PRADO was later observed entering and driving away in a black Ford F150, displaying Illinois license plates E161513 registered to: GEORGE A. PRADO, with a listed address of 5856 South Nordica, Chicago, Illinois. The meeting between PRADO and the narcotics courier lasted until approximately 12:23 p.m.

32.    On March 10, 2005, at approximately 12:05 p.m., CW1 drove to INDIVIDUAL A's place of employment as directed by INDIVIDUAL A. CW1 and CW1's car had been previously searched for narcotics and other contraband. No narcotics or contraband were found. The meeting was consensually recorded by CW1 and monitored by FBI agents. After CW1 arrived, INDIVIDUAL A entered CW1's car and advised CW1 to pull into the parking lot of INDIVIDUAL A's place of employment. CW1 declined and told INDIVIDUAL A that CW1 had the money in the trunk of CW1's vehicle and that INDIVIDUAL A should retrieve the stuff (heroin).

33.    On March 10, 2005, at approximately 12:06 p.m., INDIVIDUAL A exited CW1's car and entered his/her place of employment out of the view of surveillance agents.

34.    On March 10, 2005, at approximately 12:08 p.m., INDIVIDUAL A returned to CW1's car carrying a brown paper bag and entered the front passenger side of the car. INDIVIDUAL A was immediately arrested by FBI agents. At the time of his/her arrest, approximately 100 grams of heroin were on the floorboard of the front passenger seat of CW1's car. The heroin was subsequently field tested and tested positive for the presence of heroin. The heroin was determined to have a net weight of approximately 135.5 grams.

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C. INDIVIDUAL A Cooperates With FBI Agents

35.     On March 10, 2005, after INDIVIDUAL A (hereinafter CW2) was advised of his/her rights, CW2 voluntarily waived his/her Miranda rights and agreed to cooperate with law enforcement. CW2 reported that PRADO was distributing heroin and cocaine within the Chicago Metropolitan area. CW2 identified PRADO as the supplier of the 100 grams of heroin found in CW1's car. CW2 informed agents that he was contacted by PRADO prior to meeting with the driver of the Chevy Avalanche who told him/her that the individual delivering the heroin was outside his (CW2's) place of employment. CW2 then went to the Chevy and obtained the heroin from the driver. CW2 provided agents with PRADO's cellular telephone number: (773) 510-0232 (Target Telephone One). CW2 said he/she had known PRADO for approximately three years and had met PRADO through their mutual employment. Approximately one year ago, PRADO told CW2 that he (PRADO) was involved in narcotics trafficking and that he worked with multiple drug trafficking families in Colombia who pay people to smuggle heroin into the United States. PRADO told CW2 that the smugglers used various techniques to conceal the heroin including swallowing the heroin and then later defecating it out as well as concealing the heroin in the soles of their shoes. PRADO admitted to once meeting with a courier in Chicago, Illinois who had concealed heroin in their shoes.

36.     According to CW2, a search warrant was executed on PRADO's residence approximately one year ago by the Chicago Police Department. At the time of the search, the local authorities found weapons within PRADO's residence, but failed to locate any

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narcotics. Some time after the search, PRADO informed CW2 that he (PRADO) had, at the time of the search, enough drugs in his residence to put him away for life.

37.    CW2 said he/she also knew HART. Approximately one year ago, HART showed CW2 several pellet like objects which he said were heroin. HART told CW2 that he had obtained the heroin from PRADO and that he distributed heroin for PRADO on the West side of Chicago, Illinois. CW2 provided agents with HART's cellular telephone number, (773) 879-9563. At the time of CW2's arrest, HART's phone number was programmed in CW2's cell phone under the name "DADA."

38.    CW2 subsequently made recorded calls to PRADO at Target Telephone One to arrange a meeting with PRADO so that he/she (CW2) could pay PRADO for the 100 grams of heroin provided to CW1. For example, on March 10, 2005, at approximately 12:49 p.m., CW2 made a consensually recorded call to PRADO on Target Telephone One. Prior to the conversation, agents verified the telephone digits dialed by CW2. Furthermore, your Affiant reviewed PRADO's telephone records and confirmed this call. CW2 told PRADO that he/she (CW2) was stuck at work. PRADO advised CW2 that was okay, and that CW2 should take his/her time because he (PRADO) was at the airport. PRADO asked CW2 why CW2 took so long. CW2 asked PRADO if he (PRADO) wanted CW2 to hold onto "it" (the money for the 100 grams of heroin). PRADO said yes and asked CW2 if CW2 "went on a shopping spree or something." CW2 and PRADO arranged to meet later in the day. CW2 asked PRADO if they could meet before work ended. PRADO said they could do something like that.

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D. Meeting Between PRADO and CW2 On March 10, 2005

39.     On March 10, 2005, at approximately 2:55 p.m., CW2 met PRADO at the intersection of Kostner and Shakespeare, Chicago, Illinois. The meeting was recorded and monitored by agents of the FBI. PRADO arrived at the meet location in a black Ford F 150 truck. The meeting occurred in PRADO's truck. The following summary is based on a review of the recorded conversation by your Affiant. PRADO asked CW2 to see the money and CW2 gave PRADO $8,300.⁴ Specifically, PRADO asked, "How much is here?" CW2 informed PRADO that CW2 kept "$1,700" (meaning $1,700 dollars for brokering the deal with CW1). PRADO asked, "Do I need to count it." CW2 told PRADO to call CW2 if "its wrong" and advised PRADO that he/she (CW2) counted "it." CW2 informed PRADO that CW2 told CW2's customer that next time it would be CW2's way.⁵ PRADO asked if "he" (CW2's customer) brought anyone with him. CW2 told PRADO that he/she came alone and that his/her customer was an "old man." CW2 also told PRADO his/her guy would call back to "get more" and that he/she (CW2's customer) is from Milwaukee where his/her brother lives. PRADO asked CW2 if he (PRADO) could give CW2 "95" (meaning an additional 95 grams of heroin) and if PRADO could trust him/her (CW2). CW2 asked PRADO, "What if the guy wants more tomorrow?" PRADO told CW2 that CW2's customer has "till tomorrow" and after that PRADO will be out for a week. PRADO instructed CW2 to let "the guy"

^{__________________
4}     The FBI provided the CW2 with $8,300.00 in U.S. currency (government funds), which was utilized as payment to PRADO for the 100 grams of heroin seized by the FBI.

⁵ When CW2 is referring to his/her customer, it is a reference to CW1.

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(CW2's customer) know that his/her "guy" (PRADO) is gone Saturday to Saturday, that he (PRADO) has "95" (meaning 95 grams of heroin) and to find out if he (CW2's customer) "want this to hold you over or what do you want to do?" PRADO stated, among other things, that CW2 was going to "make some big money" and that CW2 "can pay off the motorcycle in no time." PRADO also advised CW2 that "this was the easiest 51,700 CW2 has ever made." Just before the meeting ended, PRADO instructed CW2 not to tell anyone.

40.    After the meeting, agents followed PRADO to his residence located at 5856 South Nordica, Chicago, Illinois. After parking his truck in the garage, PRADO was seen entering the side door of his residence.

E. Intercepted Conversations, Surveillance, and Related Investigation.

41.    On April 20, 2005, United States District Court Chief Judge Charles P. Kocoras, Northern District of Illinois, signed an order authorizing the interception of wire communications over cellular telephone number (773) 510-0232 (Target Telephone One), which is used by PRADO, for a period of thirty days. Target Telephone One is a cellular telephone serviced by T-Mobile USA subscribed to in the name of JOSEPH R. CORTEZ, 7334 West 63rd Street, Apartment 2, Summit Argo, Illinois, 60501-1818, date of birth August 19, 1956. On May 18, 2005, Chief Judge Kocoras signed an order authorizing the continued interception of communications over Target Telephone One for an additional period of thirty days. Authorized interceptees over Target Telephone One included, among others, RIVAS; RENTERIA; and First Name Unknown Last Name Unknown (FNU LNU

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1). FNU LNU 1 was subsequently identified as ALEXANDER MILLAN, a/k/a ALEXANDER MILLAN ZAPATA, a/k/a "ALEXILLO."

42.    On May 13, 2005, United States District Court Chief Judge Charles P. Kocoras, Northern Distnct of Illinois, signed an order authorizing the interception of wire communications over cellular telephone number (773) 263-2297 (Target Telephone Two), which is used by RIVAS. The interception of wire communications over Target Telephone Two commenced on May 16, 2005. Authorized interceptees included PRADO and MILLAN, among others.

E. Certain Calls Intercepted Over Target Telephone One Pertaining To Conversations Between PRADO and MICHAEL HART ⁶

43.    On April 21, 2005, at approximately 2:41 p.m., PRADO, using Target Telephone One, received an incoming call from (773) 879-9563 (Call #100). During this call, HART informed PRADO that he [HART] just got "it" [money] from him [a customer

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⁶     For some of the calls listed below, I have placed in brackets my understanding of various words and phrases used in some of the intercepted calls, my understanding of the calls is based on the contents and context of the conversations prior to and subsequent to the below-described intercepted calls, my experience as a law enforcement officer and the experience of other law enforcement officers in this investigation, including our experience listening to the intercepted conversations as a whole. The times listed for these calls are approximate. In addition, all of the voice identifications for the conversations set out below are preliminary. In some cases, voice identifications are based on names used during the intercepted conversations, voice recognition that has been accomplished to date by law enforcement officers, historical information developed during this investigation, and/or telephone subscriber information. The summaries below do not include all potentially criminal calls intercepted during the period of interception, or all statements or topics covered during the course of the intercepted conversations. Many of the intercepted conversations summarized below were at least, in part, in Spanish. Spanish speaking agents and/or linguists have listened to the calls and translated the conversations to English and to the extent conversations described below were in Spanish, the details provided herein are based on draft transcripts of the conversations.

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of HART's]. HART continued by telling PRADO that he [HART] has "it" [money] in his hand, and is putting "it" [money] together in order to come see him [PRADO]. PRADO asked HART how much he had. HART replied that he has "43" [possibly $4,300.00 dollars]. PRADO told HART that was cool and that it was "5" [$5,000.00 dollars] light. HART responded by telling PRADO that "they" [HART's customers] will get it [money]. HART asked PRADO if PRADO will meet him close by because HART does not have a car. PRADO advised HART the he will call him [RENTERIA]. HART asked PRADO what is it gong to be and PRADO responded that it will be "100" [referring to 100 grams of heroin]. Based on the context and nature of this conversation, it is believed that HART has received money [referring to "43" or $4,300.00 dollars] from his narcotics customers for the purchase of narcotics [possibly 100 grams of heroin].

44. On May 1, 2005, at approximately 11:43 a.m., PRADO using Target Telephone One placed an outgoing call to (773) 879-9563 (Call #629) and spoke with HART. During this conversation, PRADO advised HART that he was calling because HART never called him back and that he [PRADO] wants to make sure everything is O.K. HART advised PRADO that "his boy be on point and alert like a mut" [possibly a reference to RENTERIA] and adds that he [HART] likes him [PRADO's courier, RENTERIA]. PRADO advised HART that HART owes him [PRADO] "53" [possibly $5,300 dollars]. PRADO advised HART that HART provided him for "21 " [an unknown quantity of drugs, but possibly 21 grams of heroin] and he [HART] gave him [PRADO] "42" [possibly $4,200 dollars]. PRADO advised HART that he [HART] still owes him for a "Quaker" [reference

20

to an unknown quantity of drugs] and a "32." Among other things, HART asked PRADO what he owes as a total. PRADO responded by telling HART "32 and 21 for 53." HART asked PRADO how that is? PRADO explained to HART that he [HART] said the day before that he owed PRADO "32." PRADO advised HART that today HART only paid him three-quarters of the one he [HART] took, so he owes PRADO "21 and 32." HART asked PRADO what is he going to do and if it will be good. PRADO informed HART that his is working on it right now. Later in the conversation, HART and PRADO agreed on "53." Based on the context and nature of this conversation, it is believed that PRADO and HART are discussing amounts of money owed by HART to PRADO as well as a quantity of narcotics [21 and 32] previously provided to HART through PRADO.

45. On May 1, 2005, after several more calls, HART made arrangements to purchase 100 grams of heroin from PRADO. PRADO instructed HART to meet him on Taylor Street in Chicago, Illinois. PRADO instructed HART to drop the money in his (PRADO's) truck after PRADO walked away from it. On May 1, 2005, surveillance agents observed HART place an object inside of PRADO's vehicle near a White Hen Pantry store on Taylor Street, east of Ashland, after PRADO had left the car⁷. HART then went to another location to meet with RENTERIA. Surveillance observed HART meet with RENTERIA. RENTERIA dropped an object into a bag that was held open by HART. Agents were unable to see what the object was that RENTERIA gave to HART. Based on

________________
⁷    HART was identified through his photograph on his Illinois driver's license after being observed by Agents.

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the investigation and my training and experience as an agent, I believe HART gave money to PRADO, and RENTERIA delivered a controlled substance to HART.

46.     On May 9, 2005, at approximately 4:25 p.m., PRADO, using Target Telephone One, placed an outgoing call to HART at telephone number (773) 879-9563 (call # 1124). During the call, PRADO asked HART "are you going to see me today?" [conduct drug transaction today]. HART asked PRADO if he (PRADO) would be around in the morning around 7:00 or 8:00 a.m., and said that he had "2300" [$2,300] to bring to PRADO, that he might "have the other" and that PRADO should be ready for the other two [narcotics, possibly 200 grams of heroin]. PRADO asked HART if he was sure? Hart told PRADO that his (HART's) boy [drug customer] said he was ready [had the money]. PRADO asked if he should tell "him" [RENTERIA] to be ready in the morning. HART replied no, "I'm either going to have 25 or 3." [$2,500 or $3,000]. HART then asked PRADO if he was still around the neighborhood [at work]. PRADO told HART he was over where he (PRADO) lives and that there was no problem for tomorrow [could do the deal tomorrow]. HART then told PRADO that in the morning, he would bring "25, 3" which was all ready and he would likely be ready for the other two [additional narcotics]. PRADO then told HART the he (PRADO) had to drop off his brother-in-law at 7:00 p.m., today at the cross roads by Kedzie. HART told PRADO that would be perfect and made arrangements to meet PRADO in that area later in the evening. The two agreed to meet at 6:50 p.m. HART told PRADO he "has it right here" [has the money]. PRADO told HART he would call him once he drops him [the brother-in-law] off. Based on the context and nature of this conversation, it is my belief that

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HART had obtained money ("the 25, 3") to purchase additional quantities of drugs from PRADO. HART and PRADO agreed to meet at a predetermined time to transfer the drug purchase monies to PRADO.

47.    On May 17, 2005, at approximately 2:17 p.m., PRADO, using Target Telephone One, received an incoming call from HART using telephone number (773) 879-9563 (call # 1593). During that call, HART told PRADO he could bring him the six bucks [$6,000]. PRADO told HART he would call his buddy [RENTERIA] and that HART could see him with it [give the money to RENTERIA]. Later in the call, PRADO told HART that he would send his buddy [RENTERIA] over there [to the meet location].

48.    On May 17, 2005, at approximately 2:18 p.m., PRADO using Target Telephone One placed an outgoing call to RENTERIA using telephone number (708) 906-8705 (call #1594). During that call, PRADO asked RENTERIA how fast he could be to Loomis [Loomis Street]. RENTERIA told PRADO he could go now. PRADO asked RENTERIA how many he had [how much heroin he had on hand]. RENTERIA told PRADO he had three [three hundred grams of heroin], and that he had them stashed at his sisters house. PRADO instructed RENTERIA to bring one [one hundred grams] and that he would tell him [HART] he was ready. RENTERIA asked if he was to just give him something not take something [give narcotics and not receive money]. PRADO told RENTERIA he was to pick up as well and that he [HART] was to give him six [$6,000]. RENTERIA told PRADO to tell him [HART] the same spot that he knows [go to the meeting location].

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49.     A short time after the above call, surveillance agents observed RENTERIA arrive on Polk Street and enter the cul-de-sac at the end of the block just prior to Loomis Street. Agents observed HART, walk up to the passenger side window of RENTERIA'S vehicle carrying a plastic bag and lean into the vehicle. Agents were unable to see what, if anything was passed between the two. Based on the investigation as well as my training and experience, I believe that HART delivered heroin to RENTERIA.

50.    On May 23, 2005, at approximately 2:59 p.m., PRADO, using Target Telephone One, received an incoming call from HART using telephone number (773) 791-1607 (call # 1857). During the call, among other things, HART told PRADO he was ready to "wham, wham, wham" [ready to purchase heroin]. HART said he went to see another dude and that he had eight [collected $8,000]. HART continued that he was ready right now, but that tomorrow he would be ready for a three piece [three hundred grams]. PRADO told HART no problem. HART told PRADO he would meet him, and then be ready again tomorrow.

51.    On May 23, 2005, at approximately 2:18 p.m., PRADO using Target Telephone One placed an outgoing call to RENTERIA using telephone number (708) 906-8705 (call #1859). During the call, among other things, PRADO told RENTERIA that HART had called and that he would be ready in about half an hour. PRADO then asked how many they were down to [how much heroin was left]. RENTERIA told PRADO that they were down to two [two hundred grams]. PRADO then instructed RENTERIA to take him [HART] one hundred [one hundred grams].

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52.    A short time after the above call, surveillance agents observed HART standing at the end of Polk Street in the cul-de-sac carrying a white plastic bag. A short time later, Agents observed RENTERIA arrive in his vehicle an double park just prior to Bishop Street. HART walked up to the passenger side window, leaned in and removed a fist sized object which he placed into the plastic bag he was carrying. Based on the investigation as well as my training and experience, I believe that RENTERIA delivered heroin to HART.

53.    On June 2, 2005, PRADO, using Target Telephone One, placed an outgoing call to HART at telephone number (773) 791-1607 (call #2477). During that call, PRADO asked HART to loan him fifteen for a day [give PRADO $15,000]. PRADO explained to HART that he would lower the points [price] for that [heroin] to eighty two [$82 per gram] for doing him the favor. In sum and substance, PRADO told HART that he need fifteen thousand [S 15,000] to pay these people [MILLAN and RIVAS] and that if he did not come up with what they [MILLAN and RIVAS] were asking for, he could not get "shit" [narcotics]. PRADO told HART that if he did him the favor [got the money] he would give HART three hundred [300 grams of heroin] for eighty two [$82 per gram]. PRADO further explained that once he gave they the paper [money] he would be Friday night or Saturday morning at the latest [when he would get the narcotics] and that it would be the real deal. HART asked PRADO if they would be rolling again [back to normal business]. PRADO agreed⁸

________________
⁸    After the call with HART, PRADO contacted RIVAS and told her that the "black guy" [HART} was going to give him 15[ $15,000]. HART is an African American male.

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F. Certain Calls Pertaining to Drug-Related Activity Involving PRADO, HERNANDEZ and RITACCO.

54.     On May 2, 2005, at approximately 3:54 p.m., PRADO using Target Telephone One called RITACCO at (312) 479-1134 (call # 730). In summary, during this call, RITACCO told PRADO that he just left his buddy [HERNANDEZ] a message for PRADO. PRADO told RITACCO that he just spoke to "HARVEY" [HERNANDEZ] who is wanting it [to complete a narcotics deal] right now. PRADO added, among other things, that "HARVEY" should have it [drugs] in fifteen minutes. RITACCO told PRADO the he just wants to get home and see everything [check the money] that he has got for him [HERNANDEZ]. Later in the conversation, RITACCO told PRADO he is getting down to the end again [running out of drugs] and that he can't wait that long, and the other guy's [customer] is hitting him for a little here and there and he [RITACCO] has got that [narcotics] on the side from "HARVEY" [HERNANDEZ]. RITACCO said he should be ready for him [HERNANDEZ] and that then he will should be good for a couple. RITACCO asked PRADO when the guy [HERNANDEZ] wants to see him. PRADO told RITACCO that the guy [HERNANDEZ] is going to call. RITACCO said he would go home and start counting everything [prepare the money]. Based on the context of the call, affiant believes that RITACCO ordered drugs from HERNANDEZ and wants HERNANDEZ to complete the deal because RITACCO has customers asking for the drugs.

55.     On May 2, 2005, at approximately 6:40 p.m., PRADO using Target Telephone One placed an outgoing call to HERNANDEZ, who was using telephone number (773) 319‑

26

3529 (call # 740). During the call, HERNANDEZ told PRADO to "hold on, he is getting everything together." HERNANDEZ also told PRADO that he "only had seven grand" [$7,000] and asked if he (PRADO) wanted that? PRADO replied that if it was all he had he would have to take it. HERNANDEZ said he would send his nephew to the Jewel to meet with PRADO to deliver the money. PRADO told HERNANDEZ to hurry up. Based on the context of the call and other intercepted communications over Target Telephone One, it is believed that HERNANDEZ obtained money from RITACCO and was turning the money over to PRADO so that PRADO could pay his suppliers.⁹

56.     On May 5, 2005, at approximately 8:28 a.m., PRADO, using Target Telephone One, received an incoming call from RENTERIA, who was using telephone number (708) 906-8705 (Call # 895). During the conversation, PRADO told RENTERIA, among other things (1) "You might be, uh, making a run for me if you got a ride" [picking up and delivering narcotics]; (2) "You might be seeing Harvey [HERNANDEZ], and then go see my friend" [HART]; and (3) "HARVEY [HERNANDEZ] is going to borrow us a couple of his he did not want to give me." Later in the conversation, RENTERIA said, "So, so should I just start heading up to the neighborhood after that meeting?" PRADO said, "I think, I think it is a go, but I tell you what, I gotta wait for HARVEY [HERNANDEZ] to wake up to see if he is going to be a jag-off or not and give it [drugs] to me. You know,

_________________
⁹     On May 2, 2005, at approximately 7:37 p.m., PRADO using Target Telephone One spoke to MILLAN, and told MILLAN that he had five [$5,000] and another seven [$7,000] they [HERNANDEZ] gave him (PRADO) to give the lady [courier] MILLAN was sending.

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because he does not want to let it go either because he thinks I'm going to be in a dry mode. Do you know what I am saying?" RENTERIA replied, "Yeah." PRADO continued by telling RENTERIA, "So it all depends on what he [HERNANDEZ] wants to do." RENTERIA asked PRADO, "Will you hear from him [HERNANDEZ], uh, before ten, ten thirty?" PRADO replied, "Yeah." RENTERIA told PRADO, "Okay then, cool. I will call you as soon as I get out of that meeting." PRADO replied, "Alright." Based on the context and nature of this conversation, it is believed that PRADO and RENTERIA are discussing a pick-up an unknown quantity of drugs ["it"] from HERNANDEZ to be provided to PRADO's narcotics customer [HART].

57.     On May 5, 2005, at approximately 9:45 a.m., PRADO, using Target Telephone One placed an outgoing call to HERNANDEZ, who was telephone number (773) 510-2893 (Call # 899). During the conversation, HERNANDEZ asked PRADO what happened? PRADO responded by asking HERNANDEZ, "Can you give me two hundred of that ... my commodity?" [200 grams of heroin]. HERNANDEZ replied, "No." PRADO asked, "Why not." HERNANDEZ said, "cause my guy is coming" [customer is coming]. PRADO then said, "come on holmes, let me go ahead and get at least a hundred" [give PRADO 100 grams of heroin]. HERNANDEZ told PRADO, "he just told me bro', he just told me yesterday" [customer ordered the drugs yesterday]. PRADO advised HERNANDEZ, "my guy [supplier] is coming on Saturday bro', I gotta give my friend [HART] something." HERNANDEZ replied, "I will see if I can help you." PRADO asked, "Can you help me or not? So I can send Vito [RENTERIA] to meet you." HERNANDEZ said, "I cannot get you

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two hundred bro, I am not gonna lie" [does not have 200 grams of heroin]. PRADO replied. "how about one hundred?" [meaning 100 grams of heroin]. HERNANDEZ told PRADO, "I only have two hundred, George." PRADO replied, "you told me you had five hundred and stuff' [referring to 500 grams of heroin]. HERNANDEZ replied, and I have been getting rid of it George" [selling the heroin]. PRADO replied, "Aww, man, so you cannot give me nothing now?" HERNANDEZ replied, "No." The discussion then shifted to gambling.
58. On May 5, 2005, at approximately 7:14 p.m., HERNANDEZ using telephone number (773) 510-2893 contacted PRADO over Target Telephone One (call #945). During that call HERNANDEZ asked if PRADO'S brother-in-law¹⁰ [RITACCO] could meet his (HERNANDEZ'S) nephew at Best Buy. PRADO told HERNANDEZ that he did not think that he [RITACCO] has ever met him (the nephew) before and to tell him (nephew) to go to the Blockbuster. HERNANDEZ agreed. PRADO told HERNANDEZ he would call him back and tell him what kind of car he (RITACCO) was driving

59.     On May 5, 2005, at approximately 7:18 p.m., RITACCO, using telephone number (312) 479-1134 called PRADO over Target Telephone One. During that call, PRADO told RITACCO that he [HERNANDEZ] wanted him (RITACCO) to meet with his nephew and that he has seen him before. RITACCO told PRADO that he was not sure if he remembered. PRADO asked RITACCO what kind of car he has. RITACCO told PRADO he was driving the black truck. PRADO told RITACCO he would call HERNANDEZ and

___________________
¹⁰    PRADO is married to Fran Prado. Fran Prado's maiden name is Ritacco, according to information provided by CW-2.

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find out what kind of car he was driving. Later in the call, RITACCO told PRADO he would be a couple of dimes short [short of the money] but that he [RITACCO] could see him [HERNANDEZ] this weekend if he (HERNANDEZ) did not mind making the trip.

60.    On May 5, 2005, at approximately 7:20 p.m., PRADO using Target Telephone One called HERNANDEZ using telephone number (773) 510-0232 (call #949). During that call, HERNANDEZ told PRADO the he (the nephew) would be driving the beige Toyota Camry. PRADO told HERNANDEZ the guy[RITACCO] would be a couple of thousand [a few thousand dollars] short. PRADO continued that he [RITACCO] would give that this Saturday [pay the remaining debt] and that he [RITACCO] wanted two [unknown quantity of narcotics]. HERNANDEZ asked PRADO how much he [RITACCO] would be short. PRADO told HERNANDEZ he thought it would be two [S2,000].

61.    On May 5, 2005 at 7:58 p.m., PRADO using Target Telephone One called HERNANDEZ using telephone number (773) 319-3529 (call #953). During that call, PRADO told HERNANDEZ that he [RITACCO] would be there in ten minutes in the back Mitsubishi truck. HERNANDEZ told PRADO he would call his guy [nephew].

62.    At approximately 8:12 p.m., surveillance saw RITACCO arrive in a black and silver Mitsubishi Montero bearing Illinois registration 496-7751 registered to ANTHONY C. RITACCO, 5414 Sayer Street, Chicago, Illinois and park in the Blockbuster parking lot. At approximately 8:15 p.m., the Agent observed a beige Toyota Camry bearing Illinois registration 752-4823, registered to Maria C. Hernandez, 1439 South 59`h Avenue, Cicero,

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Illinois¹¹, arrive and park next to RITACCO. An unidentified Hispanic male in his early 20's, was seen driving the vehicle. The agent observed RITACCO talking on a cellular telephone while the unidentified Hispanic male sat motionless in the Camry.¹² The Agent then had his view obstructed. When the Agent's view cleared, the Agent observed the unidentified Hispanic male exiting RITACCO' S vehicle, enter the Camry and depart. Based on the nature of the telephone calls and the subsequent surveillance, your Affiant believes that RITACCO met with HERNANDEZ' S narcotic courier and was purchased an undetermined amount of narcotics.

63.     On May 13, 2005 several calls were intercepted over Target Telephone One between MILLAN, PRADO and RENTERIA where arrangements were made for RENTERIA to obtain approximately 991 grams of heroin and provide approximately 500 grams of HERNANDEZ. Surveillance, at approximately 2:45 p.m., observed RENTERIA meet with MILLAN at RIVAS'S residence and obtain a bag from MILLAN. RENTERIA then, as outlined below, delivered the narcotics to HERNANDEZ. Surveillance followed RENTERIA.

________________________
¹¹    1439 South 59`' Avenue, Cicero, Illinois is an address that HERNANDEZ has listed in consumer credit records. In addition, On May 9, 2005 Agents observed HERNANDEZ enter and exit that residence. HERNANDEZ has also been intercepted calling Target Telephone One from a telephone number listed as a hard line subscribed to that address in the name Maria Hernandez. HERNANDEZ has been identified through comparison with his Illinois drivers license photograph.

¹²     At approximately the same time, RITACCO called PRADO and asked PRADO if the guy was there, because there was a guy next to him, but he was not doing anything. PRADO told RITACCO the guy was there. RITACCO was identified though his Illinois drivers license photograph.

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64.    On May 13, 2005, at approximately 3:45 p.m., RENTERIA using telephone number (708) 906-8705 called PRADO over Target Telephone One (call #1452). During that call RENTERIA asked PRADO if he should stash three [hold on to three hundred grams]. PRADO told RENTERIA he should and among other things told RENTERIA to give five [500 grams] to "Harv" [HERNANDEZ].

65.    On May 13, 2005, at approximately 4:49 p.m., PRADO using Target Telephone One contacted HERNANDEZ using telephone number (773) 510-2893 (call # 1471). During that call, PRADO told HERNANDEZ that he [RENTERIA] would be there in a blue Avalanche. HERNANDEZ told PRADO that he (HERNANDEZ) was already there [at the meet location] and to call him once he [RENTERIA] arrived at the blockbuster.

66.    At approximately 5:02 p.m., surveillance, which was following RENTERIA, observed him, driving a blue Chevy Avalanche, arrive at the North Riverside Plaza, near Blockbuster video store. Surveillance briefly lost sight of the vehicle, however at approximately 5:03 p.m., HERNANDEZ was observed walking away from the Avalanche as it departed the lot carrying a plastic bag.

67.    On May 26, 2005 at approximately 11:45 a.m., HERNANDEZ, using telephone number (708) 656-6752¹³ called PRADO over Target Telephone One (call #2042). During that call, among other things, HERNANDEZ asked PRADO "what about your brother-in

____________
¹³    (708) 656-6752 is subscribed to Maria C. Hernandez, 1439 59' Avenue, Floor 2, Cicero, Illinois.

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law" [RITACCO]. PRADO told HERNANDEZ that he would be ready for the weekend and to put two [narcotics] aside for him.

68.    On May 27, 2005, at approximately 9:38 a.m., RITACCO, using telephone number (312) 479-1134 called PRADO over Target Telephone One (call #2090). During that call, RITACCO told PRADO that he would be ready in the morning. PRADO told RITACCO he was on his way to Wisconsin, but he would set something up for him. RITACCO told PRADO to find out for him and that it could be anytime in the morning. Both agreed the deal would be done around eleven in the morning.

69.    On May 27, 2005 at approximately 11:45 a.m., HERNANDEZ, using telephone number (773) 510-2893 called PRADO over Target Telephone One (call #2166). During that call, HERNANDEZ asked PRADO if he was going to do that [drug deal] with his (PRADO'S) brother-in-law [RITACCO]. PRADO told HERNANDEZ that he [RITACCO] was already there. HERNANDEZ, among other things, told PRADO for him [RITACCO] to meet him at the Burger King at Harlem and Archer in approximately 20 to 25 minutes.

70.    At approximately 12:52 p.m., surveillance saw a two-tone black over silver 1998 Mitsubishi Montero Sport displaying Illinois license plates 4967751, registered to ANTHONY C. RITACCO, 5414 Sayre Street, Chicago, Illinois, pulled into the BURGER KING. The Mitsubishi Montero Sport pulled into the parking space immediately to the south of a black 1998 Dodge Durango displaying temporary Illinois license plates 824E917, registered to James Hernandez, 1439 South 59th Avenue, Cicero, Illinois.. The driver of the

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Dodge Durango, an unidentified Hispanic male" approximately 20-30 years old, with black hair and a moustache, got out of the Durango and-handed a blue bag to RITACCO. The Hispanic male retrieved a yellow bag from RITACCO and returned to the Durango. The Mitsubishi Montero was the first vehicle to pull out of the parking lot and turned north on Harlem Avenue. The Durango drove south in the PORTILLO'S parking lot, then also turned north on Harlem Avenue. Based on the above telephone calls and the observations made by the Agents on surveillance, your Affiant believes that HERNANDEZ sent his narcotics courier to deliver narcotics to RITACCO.

IV. REQUESTED SEARCH WARRANT.

71.     Through my training, my discussions with other experienced agents, and my personal experience, I am familiar with the methods, schemes and operations used by drug traffickers and know that such traffickers commonly:

1. maintain ledgers, books, or other records relating to the transportation, purchase, packaging, sale and distribution of controlled substances, even though some documents may be in code. That drug traffickers commonly "front" drugs (provide controlled substances on consignment) to their customers.

2. maintain books or papers which reflect the names, addresses and/or telephone numbers of their suppliers, couriers, customers and other associates in the illegal drug trade;

3. maintain the aforementioned books, papers and documents in secure locations within their residences and/or places of business so that the drug traffickers have ready access to such information;

____________
¹⁴     The unidentified Hispanic male was the same individual that met with RITACCO on May 5, 2005 (paragraph 62).

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4. conceal in their residences and/or places of business the proceeds of their illegal activity, including large amounts of United States currency, financial instruments, and other items of value, as well as books and records regarding the acquisition, use and disposition of such items of value;

5. when amassing large proceeds from the sale of controlled substances, attempt to legitimize these profits, often accomplishing this goal by using the services of foreign and domestic banks, other financial institutions, and real estate brokers; and that books and papers related to such efforts, including, but not limited to, cashier checks, money orders, telegram, telexes, letter of credit and ledgers, are maintained in the residences and/or places of business of the drug traffickers;

6. take or cause to be taken photographs of themselves, their associates in the drug trade, property derived from the distribution of narcotics, and their product, and that such photographs are often kept in their residences and/or place of business; and

7. place assets, including real and personal property, such as vehicles, in names other than their own to avoid the detection and forfeiture of such assets by government agencies; and the drug traffickers continue to use these assets and to exercise dominion and control over them even though the assets are nominally owned by others.

8. keep paraphernalia for packaging, cutting, weighing, and distributing cocaine, including but not limited to scales, plastic bags, and cutting agents.

72.    Below are set forth additional facts and circumstances in support of the issuance of a search warrant for the location specified below which belongs to HERNANDEZ, a customer of heroin supplied by PRADO.

A. 1439 South 59' Avenue, Second Floor, Cicero, Illinois 60804

73.     1439 South 59'' Avenue, Second Floor, Cicero, Illinois 60804 is a two story, white brick building. located on the East side of the street, four houses to the North of the

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intersection of 15th Street. The address for the residence in on a white plaque, hanging from the front porch over the front door with the numbers "1439" written in brown. The residence  has a front porch, leading to the front door which is brown accessed by a set of stairs. The porch has a overhang which is supported by a single metal pole on the left side and a brick wall on the right.

74.     On May 12, 2005, surveillance observed PRADO meet with HERNANDEZ  to discuss HERNANDEZ purchasing five hundred grams of heroin from PRADO, to arrange the delivery of two hundred grams of heroin by RENTERIA, and to obtain $20,000.Specifically, on May 12, 2005 calls were intercepted over Target Telephone One where HERNANDEZ asked PRADO for work [narcotics]. PRADO told HERNANDEZ that he had three [three hundred grams] and that he would send RENTERIA. HERNANDEZ told  PRADO that he thought he had a nickel coming [500 grams of heroin]. PRADO told HERNANDEZ that he had a new batch coming, but that he had to finish [sell] what he is doing [the remaining heroin he had left over first]. In a later call, PRADO agreed to meet with HERNANDEZ to obtain the money for the three hundred heroin grams RENTERIA was a to deliver and for the five hundred grams he was to get the next day. Surveillance followed PRADO who parked in front of the 59th Avenue address and meet with HERNANDEZ. At the conclusion of the meeting, HERNANDEZ exited PRADO'S vehicle and entered the 59th Avenue address.

75.     On May 12, 2005, at approximately 5:53 p.m., PRADO using Target Telephone One, received an incoming call from RENTERIA using telephone number (708)

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Page 37 was missing from the printed handout and we will attempt to obtain it

cashiers' checks, passbooks, canceled checks, certificates of deposit, lease agreements, loan records, customer account information, income and expense summaries, cash disbursement journals, financial statements, state and federal income tax returns, financial information pertaining to the purchase, lease, sale or other disposition of real or personal property, including real estate, automobiles, jewelry, and furniture;

d.    Indicia of ownership, occupancy or residency of the premises being searched, including utility and telephone bills, lease agreements, and mortgage records, loan documents, service, remodeling and repair contracts and keys;

e.    Photographs, including still photos, negatives, video tapes, films, undeveloped film and the contents thereof, of co-conspirators identified in the application and/or controlled substances;

f.    Address and/or telephone books, Rolodex indices and any papers reflecting names, addresses, telephone numbers, pager numbers, FAX numbers and/or telex numbers of co-conspirators identified in the application, sources of supply, customers, financial institutions and other individuals, businesses and institutions with whom a financial relationship exists and safes and the contents within;

g.    Controlled substances and drug paraphernalia for packaging, cutting, weighing and distributing controlled substances.

FURTHER AFFIANT SAYETH NOT.

________________
Frank Jack Sodetz III
Special Agent
Federal Bureau of Investigation

Sworn to before me this 3rd day of June, 2005

s/GERALDINE SOAT BROWN

UNITED STATES MAGISTRATE JUDGE

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