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STATE OF ILLINOIS ) SS COUNTY OF COOK )
AFFIDAVIT OF JAY C. EMIGH
I, Jay C. Emigh, 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 eight and one half (8 1/2) 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 1 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 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. 2 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 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 CORTEZ for violations of 21 U.S.C. §§ 841(a)(1) and 846; and for an application for a warrant to search the premises located at 7131 West 60th Street, Chicago, Illinois 60638 and 3 to seize evidence concerning the commission of offenses under 21 U.S.C. §§ 841(a)(1) and 846, namely, conspiring to possess with intent to distribute and distribution of more than a kilogram of heroin by GEORGE A. PRADO; 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; JOSEPH R. CORTEZ, a/k/a "Joey"; Individual A (also referred to herein as CW2), and others known and unknown. 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 4
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. JOSEPH R. CORTEZ, a/k/a "Joey" is a second courier who handled the exchange of narcotics from MILLAN and RIVAS directly to PRADO's distributors/wholesale customers. 8. Since Match 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 5 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; JOSEPH R. CORTEZ, a/k/a "Joey"; 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 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. 6 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 (See ¶¶ [ 71-73) 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 described below. RIVAS manages the Columbian organization's supply of narcotics in Chicago and handles the collection of drug proceeds.
7 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. 13. GEORGE A. PRADO, (hereinafter PRADO) is an Hispanic male born on
_____________________ 8 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 9 between the suppliers and PRADO's wholesale customers and distributors. 17 JOSEPH R. CORTEZ, a/k/a "Joey" (hereinafter CORTEZ) is an Hispanic male, born on August 19, 1956. CORTEZ appears, based on intercepts of communications over Target Telephone One, to be the user of telephone number (708) 856-9206. CORTEZ is a courier for PRADO responsible for exchanging narcotics and proceeds between the suppliers and PRADO's wholesale customers and distributors. PRADO's cellular telephone (773) 510-0232 (Target Telephone One) is subscribed to under CORTEZ's name. CORTEZ was identified on June 6, 2005 based upon surveillance and Secretary of State vehicle registration and drivers license records. 18 Other couriers, known and unknown, are also used by MILLAN and RIVAS. D. Customers 19 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. 20. 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. 10 III. PROBABLE CAUSE FOR THE SEARCH WARRANTS A Information Provided by Cooperating Witness (CW1) 21. 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 quarter kilograms of cocaine; and approximately 3,225 grams of white heroin. To date, the FBI has paid CW1 approximately $7,500.00 for his/her assistance. 22 In January 2005, CW1 provided information that INDIVIDUAL A;2 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. 23. Since January 2005, CW1 has participated in several consensually recorded ________________________________ 2 CW I 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. 11 conversations with INDIVIDUAL A to discuss narcotics related activities. 24. 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.3 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 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 $21,000 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). 25 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 ________________________ 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. 12 heroin from CW1's source, later determined to be PRADO. 26 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 Grains of Heroin to INDIVIDUAL A on March 10, 2005 27. 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 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 Phone 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 13 minutes. 28. 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. CW 1 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 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. 29. 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 14 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. 30 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. 31 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. 32 On March 10, 2005, at approximately 12:01 p.m., surveillance agents observed 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 15 courier lasted until approximately 12:23 p.m. 33 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). 34 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. 35 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. INDIVIDUAL A Cooperates With FBI Agents 36 On March 10, 2005, after INDIVIDUAL A (hereinafter CW2) was advised of 16 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. 37. 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 17 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. 38. 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." 39. 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 18 asked PRADO if they could meet before work ended. PRADO said they could do something like that. Meeting Between PRADO and CW2 On March 10, 2005 40. 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 F150 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 ___________________________ 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. 19 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" (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 $1,700 CW2 has ever made." Just before the meeting ended, PRADO instructed CW2 not to tell anyone. 41 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. B. Intercepted Conversations, Surveillance, and Related Investigation. 42 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, 20 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 1). FNU LNU 1 was subsequently identified as ALEXANDER MILLAN, a/k/a ALEXANDER MILLAN ZAPATA, a/k/a "ALEXILLO." 43. On May 13, 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) 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. CORTEZ Tranports Drugs From RIVAS To HART On June 6, 2005 44. As detailed below, based on communications intercepted over Target Telephones One and Two, your affiant believes that on June 6, 2005, MILLAN, RIVAS, PRADO, HART and CORTEZ conspired and arranged for the delivery of 500 grams of 21 heroin.6 In addition to the intercepted conversations, surveillance agents photographed and observed CORTEZ meeting with RIVAS during the delivery of the heroin. Furthermore, agents later photographed and observed CORTEZ meeting with HART (PRADO's narcotics customer) to transfer a portion of the narcotics. Specifically, on June 6, 2005, at approximately 10:53 a.m., PRADO using Target Telephone One called telephone number (773) 518-6152 and spoke with MILLAN. During that call, among other things, PRADO inquired about RIVAS' status. MILLAN informed PRADO that "Flaca" [RIVAS] told him [MILLAN] it would be yesterday. PRADO informed MILLAN that RIVAS is not answering her phone. MILLAN advised PRADO that RIVAS and others were at a party yesterday. PRADO told MILLAN that "she" [RIVAS] does not want to work and that she does not do good work and is not reliable. MILLAN asked PRADO where he was because MILLAN could barely hear him. PRADO asked MILLAN if he could call back. MILLAN informed PRADO that he would call "her" [FLACA] and then get back to him. Based on the context and nature of the conversation, I believe that PRADO was voicing his displeasure with
_____________________________ 6 For some of the calls summarized below, I have placed in brackets my and other agents' understanding of what is being said during the calls, 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 the experience of the agents who have been assigned to this matter and who have listened to the intercepted conversations as a whole. Many of the conversations were in Spanish and have been translated into English, which translations are preliminary. Finally, the summaries below do not include all potentially criminal calls intercepted during the wiretap investigation, or all statements or all topics made or discussed during the course of the intercepted conversations. 22 MILLAN regarding RIVAS' work ethic and his inability to reach her on a consistent basis to purchase narcotics. Furthermore, the conversation also indicates that MILLAN would contact RIVAS to inquire about her availability for a future narcotics transaction. 45. On June 6, 2005, at approximately 11:22 a.m., PRADO received an incoming call over Target Telephone One from HART, who was using telephone number (773) 218-9411.7 During the call, HART informed PRADO that he ran out of minutes on his other phone. Additionally, HART told PRADO to call him at this number because this is going to be the number for right now and he [HART] would be getting another number. PRADO advised HART that he [PRADO] will lock "this one" [meaning the cell phone number] in right now. HART then asked PRADO if PRADO has talked to "them" [referring to RIVAS and others]. PRADO advised HART that "they" are working on the situation [attempting to obtain the drugs] right now. HART asked PRADO if it is going to be today for sure? PRADO replied affirmatively. 46. On June 6, 2005, at approximately 11:31 a.m., PRADO using Target Telephone One called MILLAN at telephone number (312) 771-9309. During that call, among other things, MILLAN informed PRADO that "the Flaca" [RIVAS] has a "$500
_________________ 23 dollar check" [500 grams of heroin]. MILLAN asked PRADO if "it" works for him. In sum and substance, PRADO said yes. MILLAN told PRADO that "she" [RIVAS] wanted to know if she could give "it" [the drugs] to PRADO "as is" in bundles of "250" [meaning two sets of 250 grams of heroin in each bundle]. PRADO asked MILLAN if "she" [RIVAS] can break "it" up for him. MILLAN replied that "its" [the drugs] in "250" and "250" and would that work for PRADO. PRADO advised MILLAN that "it was" good like that. MILLAN informed PRADO that if not, he was going to tell his brother to change "it" into "100's" [meaning exchanged into 100 grams quantities of heroin as opposed to 250 gram increments]. PRADO told MILLAN that it was fine. MILLAN informed PRADO that he is with his friend that has the "four cars" [four kilograms of heroin]. PRADO told MILLAN that he is going to need more and that he would let MILLAN know in a little while. MILLAN told PRADO to let him know because he was heading down on Thursday [meaning traveling to Chicago, Illinois]. MILLAN again advised PRADO he is with "his friend" [narcotics supplier] and asked if PRADO needed more of "same kind of cars" [same quality and quantity of narcotics]. PRADO said he would let MILLAN know. MILLAN informed PRADO that he would call "FLACA" [RIVAS] and that she "FLACA" has "it" there [meaning RIVAS has the drugs at her present location]. Based on the context and nature of the conversation, I believe that PRADO and MILLAN were discussing the delivery of 500 grams of heroin, broken down into 250 grams increments, which RIVAS currently has in her 24 possession. Furthermore, MILLAN advised PRADO that he is with his current narcotics supplier in New York ["the friend"] and that the supplier had "four cars" [four kilograms of heroin] if PRADO needed it. 47. On June 6, 2005, at approximately 11:51 a.m., PRADO, using Target Telephone One, called CORTEZ, who was using telephone number (708) 856-9206. During this call, PRADO and CORTEZ discussed among other things, in sum and substance, PRADO's former narcotics courier [VITO J. RENTERIA] and his current potential place of employment. In addition, PRADO informed CORTEZ that he [PRADO] has an "easy pickup" for him. Later in the conversation, PRADO asked CORTEZ if he was "going to do that or what . . . you know the spot" [perform as PRADO's current narcotics courier]. CORTEZ asked PRADO if it is what they had talked about on Saturday. CORTEZ told PRADO he was free to do "it" within the next three hours before rush hour [meaning CORTEZ is willing to act as PRADO's narcotics courier within the next three hours at a location which they had previously discussed and arranged]. PRADO asked CORTEZ if he [PRADO] could send "her" [referring to RIVAS]. CORTEZ said, yes. PRADO and CORTEZ agreed to speak later. Based on the context and nature of the conversation, I believe that PRADO and CORTEZ had already spoken about CORTEZ serving as PRADO's narcotics courier on Saturday. 48. On June 6,2005, at approximately 11:53 a.m., PRADO using Target 25 Telephone One called RIVAS at Target Telephone Two. During that call, PRADO asked RIVAS, in sum and substance, if she could go to the "coffee shop" right now. RIVAS told PRADO, among other things, that she could head out at 2:00 p.m. PRADO informed RIVAS that he [PRADO] wanted her to avoid traffic. RIVAS advised PRADO that she could head out at 1:30 p.m. to meet with PRADO's "friend again." RIVAS told PRADO, among other things, that she would be leaving to meet with PRADO's courier after she leaves work at 1:30 p.m. and would notify PRADO when she gets to that location. 49. On June 6, 2005, at approximately 11:54 a.m., PRADO, using Target Telephone One, called to CORTEZ, who was using telephone number (708) 856-9206. During the call, PRADO informed CORTEZ that the earliest that "she" [RIVAS] could make it is 1:30 p.m. CORTEZ asked PRADO if at 2:15 over in Cicero. PRADO said no and advised CORTEZ that it was by Central. CORTEZ confirmed the time and place, 2:15 at Central. PRADO asked CORTEZ what he [CORTEZ] was talking about because he [CORTEZ] was going to see the "broad" [RIVAS] and that after "her" [after his meeting with RIVAS] that he was going to see "Dada" [referring to HART]. PRADO instructed CORTEZ that he [CORTEZ] will received "500" [500 grams of heroin] from "her" [RIVAS] and to give "250" [250 grams of heroin] to "Dada" [HART] and hold onto the "other 250." Based on the context and nature of the conversation, I believe that PRADO and CORTEZ discussed CORTEZ meeting with RIVAS to pick up 500 grams of heroin. Additionally, CORTEZ 26 agreed to deliver half of the heroin "250" [250 grams of heroin] to one of PRADO's main narcotics customers "Dada" [HART] and store the remainder of the narcotics at an undisclosed location at the direction of PRADO. Subsequent investigation, as detailed in paragraphs 62-64 below, revealed that CORTEZ uses a storage facility located at 7131 West 60th Street, where affiant believes CORTEZ stores narcotics for PRADO. 50. At approximately 12:45 p.m., FBI agents established physical surveillance on RIVAS' car, a white Jeep, which was located at her place of employment, La Kayana, 1625 West Montrose Avenue. 51. On June 6, 2005, at approximately 1:03 p.m., PRADO using Target Telephone One called HART at telephone number (773) 824-1220. During the call, HART informed PRADO that this was his new number . . . a minute phone. PRADO told HART to be at the "same spot," the gas station at "2:15" [2:15 p.m.] because his "new guy on board" [referring to CORTEZ] does not like driving up there [referring to HART's neighborhood]. PRADO informed HART that "his guy" [CORTEZ] is going to give him "the 250 spot for now" [meaning 250 grams of heroin for the time being] because PRADO is only getting "500" [a total of 500 grams of heroin] and his "other guy" [possibly referring to JAVIER HERNANDEZ] wants the other "250" [250 grams of heroin], but PRADO is not going to give it to him because PRADO wants to hold onto it. HART advised PRADO that he [HART] can get the money for the "other 250." PRADO informed HART to take the "250" 27 [250 grams of heroin] for now. HART informed PRADO not to deal with anyone but him. PRADO told HART, among other things, that he [PRADO] would be sending "his new guy on board" [CORTEZ] to meet with HART to deliver HART 250 grams of heroin. Furthermore, HART informed PRADO, in sum and substance, that he could get money for the other 250 grams of heroin and for PRADO to only deal with him and not with PRADO's other customers. 52. In subsequent intercepted conversations, PRADO, using Target Telephone One, spoke separately with CORTEZ and RIVAS to coordinate the timing of the meeting between CORTEZ and RIVAS. 53. At approximately 1:37 p.m., I initiated a separate physical surveillance in the vicinity of the 5600 block of South Harlem Avenue, where based on prior investigation I expected the drug transaction to occur. 54. At approximately 1:48 p.m., Agents observed RIVAS depart her business and drive off in her Jeep. Agents maintained constant physical surveillance on RIVAS en route to her meeting with PRADO's narcotics courier [CORTEZ]. 55. On June 6, 2005, at approximately 1:51 p.m., PRADO using Target Telephone One called RIVAS at Target Telephone Two. During that call, PRADO asked RIVAS if she was on her way. RIVAS informed PRADO that she was on Lakeshore drive. Among other things, PRADO instructed RIVAS to call him when she arrived. PRADO told RIVAS 28 that "the guy" [CORTEZ] has a "white T-shirt with black pants." PRADO advised RIVAS that the guy's name is "Jose." RIVAS informed PRADO that she would call when she is near. Based on the context and nature of the conversation, I believe that RIVAS had the 500 grams and was traveling to meet with PRADO's narcotics courier [CORTEZ]. 56. At approximately 1:52 p.m., your Affiant observed CORTEZ arrive at the 5600 block of South Harlem Avenue in a white van bearing Illinois license plate number 196-1157, registered to MARIA E. and JOSEPH R. CORTEZ, P.O. Box 222, Argo, Illinois, 60501. Upon exiting the van, CORTEZ, who was wearing a white T-shirt and black pants as previously indicated by PRADO,went in a Dunkin Donuts located on Harlem Avenue. 57. At approximately 2:40 p.m., while CORTEZ waiting outside the Dunkin Donuts store, RIVAS was seen pulling into the Dunkin Donuts' parking lot. 58. At approximately 2:42 p.m., agents observed CORTEZ get in RIVAS' Jeep. RIVAS and CORTEZ drove approximately 400 feet towards the area where CORTEZ's van was parked. CORTEZ then got out of the Jeep and into his van. Surveillance agents followed CORTEZ, who departed East on 56th Street. Because of the distance between the location from which surveillance was being conducted and the area where the van was parked, agents were unable to see what had been delivered to CORTEZ. However, approximately two minutes later, agents observed CORTEZ pull over, stop the van and look down at his lap where he appeared to examine something. CORTEZ stopped for 29 approximately one minute. 59. At approximately 2:58 p.m., CORTEZ arrived at a Citgo gas station located near the intersection of 49th Street and Central Avenue. Agents observed HART, who was a passenger in a silver vehicle, bearing Illinois license plate number 755-8410, registered to LEONARD BAIN, 2755 West Glenlake Avenue, Chicago, Illinois, 60659. The car was driven by an unidentified African American male. HART retrieved a white plastic bag from the passenger side seat of the silver car and walked to the Citgo gas station. At approximately at the same time, CORTEZ opened the rear hatch of his white van. HART handed the white plastic bag to CORTEZ in exchange for which CORTEZ handed HART two white buckets (stacked one inside the other). HART returned to the silver vehicle with the bucket and placed it in the car's truck. Agents subsequently observed CORTEZ, wearing a pair of gloves, examining the contents of the bag he had received from HART. 60. At approximately 3:00 p.m., HART and the unidentified African American male drove off. 61. At approximately 3:03 p.m., CORTEZ departed the gas station. Surveillance was maintained on CORTEZ. 62. On or about 3:16 p.m., CORTEZ drove into the parking lot of a U STORE IT storage facility located at 7131 West 60th Street, Chicago, Illinois. CORTEZ was later observed opening the rear hatch of the van and placing several unknown objects into a blue 30 plastic container, which he took into the storage facility. 62. At approximately 3:32 p.m., CORTEZ exited the storage facility. CORTEZ was empty handed at that time. CORTEZ drove off and surveillance was terminated shortly thereafter. 63. Subsequent investigation, and a review of U STORE IT business files and the customer information for unit # 1129, revealed that CORTEZ rents storage unit # 1129. A photocopy of CORTEZ' Illinois Driver's license of C632-4965-6236 is on file at the storage facility. Storage unit # 1129 has two pad locks; whereas, other unit are generally locked with only a single pad lock. 64. Based on intercepted communications over Target Telephones One and Two and related surveillance, as described above, I believe that on June 6, 2005, PRADO arranged to have CORTEZ pick up 500 grams of heroin from RIVAS. Furthermore, it is believed that 250 grams of the original 500 grams of heroin was stored by CORTEZ at his storage unit. As noted in paragraph 49 above, PRADO instructed CORTEZ to store the remainder of the heroin at a undisclosed location upon finishing his meeting with HART. Additional Communications Between RIVAS and MILLAN Regarding the June 6, 2005 Drug Transaction 65. On June 6, 2005, at approximately 2:43 p.m., RIVAS using Target Telephone Two placed an outgoing call to telephone number (312) 771-9309 and spoke with MILLAN. 31 During that call, RIVAS advised MILLAN that "it was done" and confirmed that it was "half" [500 grams of heroin]. MILLAN informed RIVAS that is what he had said. RIVAS informed MILLAN that she got delayed because of a deal with a woman [unknown party]. RIVAS told MILLAN to speak with her "boyfriend" [referring to PRADO] and see if he [PRADO] can give her "something" [money for the drugs] later on so that "they" [meaning RIVAS and MILLAN] can give "it" [the money] to "Guera" [SANDRA STEWART] because "Guera" is already asking, and that way they [STEWART and others] can give him [MILLAN] the other half [an additional 500 grams of heroin]. MILLAN advised RIVAS that he would talk to him [PRADO]. Based on the context and nature of this conversation, it is believed that RIVAS and MILLAN confirmed the amount of the narcotics provided to PRADO's courier [CORTEZ]. In addition, it is believed that STEWART is a supplier of heroin.
IV. REQUESTED SEARCH WARRANT.
66. 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:
32
67. Below are set forth additional facts and circumstances in support of the 33 issuance of a search warrant for the location specified below which belongs to CORTEZ. the supplier of the heroin sold to PRADO by RIVAS and MILLAN. A. 7131 West 60th Street, Chicago, Illinois 60638, Storage Unit # 1129 68. Storage Unit # 1129, located at 7131 West 60th Street, Chicago, Illinois, is a ten by ten storage unit, located inside a white brick building owned and operated by U STORE IT. The storage unit has a blue metal door that is locked with two silver pad locks. The Unit Number (1129) is marked on the right hand side of the door in red numerals. Unit # 1129 is rented to Joseph CORTEZ. 69. Based on the communications intercepted over Target Telephones Two as detailed above, STEWART is believed to be a supplier of 500 grams of heroin obtained by RIVAS and MILLAN for PRADO. Agents believe that on June 6, 2005, PRADO's courier, CORTEZ delivered a portion of the heroin to HART and brought some of the heroin to Unit # 1129 at the U STORE IT facility located at 7131 West 60th Street, Chicago, Illinois. 70. Based upon my training and experience, coupled with the intercepted conversations over Target Telephone One, and surveillance observations made by Agents, it is believed that CORTEZ is utilizing Unit 1129 to store the remaining 250 grams PRADO's heroin. 34 V. Requested Authority for Search Warrants for Each of the Foregoing Locations. 71. Based on the foregoing it appears that there is probable cause to seize from the foregoing locations the following items:
35
FURTHER AFFIANT SAYETH NOT.
Sworn to before me this 7th day of June, 2005
__________________________ UNITED STATES MAGISTRATE JUDGE 36 Illinois Police and Sheriff's News © 1999-2004 All Rights reserved | ||||||||||||||||||||||||||||||||||||||||||||
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