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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 21, 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:
STATE OF ILLINOIS ) 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 1 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 2
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 STEWART 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 213 May Street, Bensenville, Illinois 60106 and to seize evidence concerning the commission of offenses under 21 U.S.C. § § 841(a)(1) and 846,
3
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 4 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. 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 5
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. 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 6 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. 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 7 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 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 8
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. 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 9
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 SEARCH WARRANTS A Information Provided by Cooperating Witness (CW1) 20. CW 1 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. 10 21 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. 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.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 11
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 12 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 CW 1's car, or on CW 1'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 13
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 14
31. 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 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 CW 1's car had been previously searched for narcotics and other contraband. No narcotics or contraband were found. The meeting was consensually recorded by CW 1 and monitored by FBI agents. After CW1 arrived, INDIVIDUAL A entered CW 1's car and advised CW1 to pull into the parking lot of INDIVIDUAL A's place of employment. CW 1 declined and told INDIVIDUAL A that CW 1 had the money in the trunk of CW 1'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. 15 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 CW 1'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. 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 CW 1'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 16
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 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 17
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 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 18
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 CW 1. 19
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. B. 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 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, 20
STEWART Delivers Drugs to RIVAS on May 22, 2005 43. As detailed below, based on communications intercepted over Target Telephone Two, affiant believes that on May 22, 2005, STEWART met with RIVAS and gave RIVAS heroin. Specifically, on May 21, 2005 at approximately 1:57 p.m., RIVAS received an incoming call over Target Telephone Two from MILLAN, who was using telephone number (312) 773-9309. During that call, among other things, MILLAN asked RIVAS if she was going to see "GUERA" [STEWART] now. RIVAS told MILLAN that GUERA was going to call her after lunch. Later in the call, MILLAN again asked if RIVAS would see her [STEWART] today. RIVAS told MILLAN that yes, "we agreed on, on... for this girls thing. I told her five-eight and she said yes." RIVAS and MILLAN then agreed to talk later in the evening. Based on the context and nature of the conversation, I believe that MILLAN wanted to know if STEWART was going to bring narcotics to RIVAS, and that RIVAS told MILLAN that STEWART was going to provide drugs to RIVAS. The conversation also indicates that the drugs would cost fifty eight dollars per gram ("five- 21
44. On May 21, 2005, at approximately 6:25 p.m., RIVAS received an incoming call over Target Telephone Two from STEWART, who was using telephone number (773) 551-6269.6 During the call, STEWART asked RIVAS if she could wait until the morning [for her to deliver the drugs] because "her mom is going for a ride with her dad" [narcotics were not ready]. Among other things, both agreed to meet the following day. 45. On May 22, 2005, at approximately 3:47 p.m., RIVAS received an incoming call over Target Telephone Two from STEWART, who was using telephone number (773) 551-6269. During that call, STEWART asked RIVAS, "Do you still want your cart [narcotics]?" RIVAS replied, "Of course GUERA." STEWART said, "okay" and that she "had it all ready, already." RIVAS told STEWART she would call her today [let her know when to deliver the drugs]. 46. On May 22, 2005, at approximately 4:13 p.m., RIVAS using Target Telephone Two placed an outgoing call to MILLAN, who was using telephone number (312) 771-9309. During that call, among other things, RIVAS told MILLAN that she had spoken to GUERA [STEWART] and that "it could be one [one kilogram] or just a half" [half ________________
22
47. On May 22, 2005, at approximately 4:16 p.m., RIVAS using Target Telephone Two called STEWART at telephone number (773) 551-6269. During that call, RIVAS asked STEWART if she was on her way to meet with her [RIVAS]. STEWART told RIVAS, among other things, she was cooking and that she would meet her later in the evening. 48. On May 22, 2005, at approximately 7:05 p.m., RIVAS using Target Telephone Two called STEWART at telephone number (773) 551-6269. During that call, STEWART told RIVAS that she was on her way and would arrive at RIVAS' around 7:40 p.m. RIVAS told STEWART she was going to put some clothes in the washer and for STEWART to call her when she arrived. 49. At approximately 7:25 p.m., an FBI Agent established surveillance on RIVAS at her residence, 5315 North Damen Avenue. The Agent observed RIVAS depart her residence driving a white Jeep Grand Cherokee registered to RIVAS at the Damen address 23 50. At approximately 7:46 p.m., RIVAS using Target Telephone Two called STEWART at telephone number (773) 551-6269. During that call, STEWART told RIVAS she was going to be there in five minutes. RIVAS told STEWART she would go over there now. 51. At approximately 7:48 p.m., RIVAS got in the Jeep and drove to the intersection of Cullom Avenue and California Avenue where she parked. 52. At approximately 7:54 p.m., RIVAS using Target Telephone Two called STEWART at telephone number (773) 551-6269. During that call, STEWART told RIVAS she was driving a small blue four door car. RIVAS said okay and told STEWART that she was there already. 53. At approximately 8:00 p.m., surveillance agents observed STEWART exiting a blue Mercury Grand Marquis registered to Hertz (the Grand Marquis) 7 STEWART got out of the Grand Marquis and walked up to the Jeep's passenger side window. STEWART and RIVAS had a conversation. After a few minutes, STEWART returned to the Grand Marquis and departed. Because the area where STEWART and RIVAS met was poorly lit,
__________________ 24 54. Based on intercepted calls from Target Telephones One and Two and related surveillance, I believe that on May 24, 2005, PRADO arranged to have RENTERIA pick up a kilogram of heroin from MILLAN, which had been stashed in RIVAS' house. Calls intercepted during the course of the investigation also reveal that the heroin was provided by STEWART. (Seen 57). In summary, the conversations and surveillance described below shows that on May 24, 2005, PRADO directed his courier, RENTERIA, to meet with MILLAN outside of RIVAS' residence so that MILLAN could give RENTERIA approximately one kilogram of heroin for which PRADO would owe MILLAN and RIVAS $60,000. RENTERIA followed PRADO's directions and met with MILLAN on May 24, 2005 at approximately 1:43 p.m. at which time MILLAN gave heroin to RENTERIA in exchange for $8,000. The Illinois State Police subsequently stopped RENTERIA, who did not have a valid license. RENTERIA's car was towed and the drugs were seized by the FBI. RENTERIA subsequently tried to explain the loss of the drugs to PRADO, but PRADO did not believe RENTERIA. PRADO then reached out to a third party to assist in beating the "truth" out of RENTERIA. PRADO made calls to MILLAN to discuss the kidnaping, beating and possibly killing of RENTERIA. In PRADO's words, if he was dissatisfied with 25 Communications and Surveillance of the May 24, 2005 Heroin Deal 55. On May 23, 2005, at approximately 6:43 p.m., PRADO, using Target Telephone One, contacted MILLAN at telephone number (312) 771-9309. During that call, PRADO told MILLAN, in sum and substance, that he [PRADO] would send a friend [believed to be RENTERIA] tomorrow. PRADO also told MILLAN to have the other one ready of "just one hundreds and he [RENTERIA] is going to give you another seven or eight [$7,000 or $8,000] . . . ." Among other things, MILLAN replied, "if she has it ready for me now, I can go fix it over by La Flaca's" [RIVAS's house]. PRADO and MILLAN agreed to speak in the morning. 56. On May 23, 2005, at approximately 6:48 p.m., MILLAN, using telephone number (312) 771-9309, contacted PRADO at Target Telephone One. During the call, MILLAN told PRADO that he had just talked to the woman and she will give MILLAN the car [heroin] tomorrow morning so that MILLAN could get it ready. 57. On May 23, 2005, at approximately 7:04 p.m., RIVAS using Target Telephone Two called MILLAN at telephone number (312) 771-9309. During that call, MILLAN told RIVAS that the friend [PRADO] had called and that he needed the car [a kilogram of heroin]. RIVAS asked if MILLAN had called GUERA [STEWART] yet.
26 58. On May 24, 2005, at approximately 8:20 a.m., Agents of the FBI and Officers of the Illinois State Police (ISP) initiated surveillance at 5315 North Damen Avenue, in Chicago, Illinois, RIVAS's residence. 5315 North Damen is a three-floor red brick apartment building located on the eastside of Damen Avenue near the intersection between Summerdale and Damen. At approximately 9:59 a.m., Agents observed MILLAN – driving a grey Jeep Cherokee, bearing Illinois plate 766-1862 – arrive at the residence. MILLAN parked near RIVAS's residence. The Jeep was also occupied by an older, unidentified Hispanic male. Both individuals got out of the Jeep and MILLAN was seen retrieving a plastic bag marked "Aldi" from the car's rear passenger side. MILLAN, carrying the bag, 27 59. At approximately 10:06 a.m., RIVAS was seen exiting 5315 North Damen. RIVAS got in her car, a white Jeep Grand Cherokee, and used her cell phone. After approximately one minute, RIVAS got out of her car and reentered the residence. Subsequently, at approximately, 10:09 a.m. RIVAS was again seen exiting 5315 North Damen after which she got in her car and drove off. 60. On May 24, 2005, at approximately 11:08 a.m., PRADO using Target Telephone One called RENTERIA at telephone number (708) 906-8705. PRADO got RENTERIA's voice mail and left a message that it was 11:09 a.m. to the effect that RENTERIA needed to get up because he was "fucking up the operation ...." 61. On May 24, 2005, at approximately, 12:03 p.m., RIVAS, using Target Telephone Two, called MILLAN at (312) 771-9309. During that call, among other things, MILLAN informed RIVAS, in summary, that they were still waiting on PRADO's "friend" [drug courier, RENTERIA] and had been doing so for over an hour. RIVAS asked MILLAN if he was leaving today? MILLAN said, "Yes." In response, RIVAS said, "If not they can come at night and I'll deliver it" [believed to be the heroin]. 62. On May 24, 2005, at approximately 12:27 p.m., RENTERIA, using telephone number (708) 906-8705, called PRADO at Target Telephone One. During that call, among other things, PRADO told RENTERIA that the man [MILLAN] was waiting for him because 28
63. On May 24, 2005, at approximately 12:28 p.m., PRADO, using Target Telephone One, contacted MILLAN at telephone number (312) 771-9309. During the call, PRADO told MILLAN that he woke the guy up, and that his [RENTERIA's] phone was off. PRADO told MILLAN that he [RENTERIA] was leaving in about ten minutes and that he [RENTERIA] would arrive in about half an hour. PRADO explained that RENTERIA would call PRADO when he arrived and PRADO would in turn contact MILLAN so that MILLAN could come down. PRADO then told MILLAN that RENTERIA would give him [MILLAN] eight [$8,000]. PRADO then asked MILLAN how much he was going to give him? MILLAN said, "995" [995 grams of heroin]. PRADO also asked, "if they're all marked?" MILLAN replied, "yes, one by one." Based on the context and nature of the conversation as well as other information obtained during the course of the investigation, affiant believes that "one by one" means 10 bags containing 100 grams of heroin each. 64. On May 24, 2005, at approximately 1:40 p.m., RENTERIA, using telephone 29
65. At approximately 1:41 p.m., surveillance observed RENTERIA arrive in a blue Chevy Avalanche, bearing Illinois plate 708-0670 (the "Chevy"). RENTERIA parked the Chevy on Summerdale Street across from 5315 North Damen Avenue. MILLAN was then seen exiting 5315 North Damen Avenue carrying the same plastic bag marked "Aldi," which he was previously seen carrying into 5315 North Damen. MILLAN gave the plastic bag to RENTERIA through the Chevy's passenger window and retrieved a red plastic bag from RENTERIA. MILLAN returned to RIVAS' residence, and RENTERIA drove off followed by surveillance. 66. On May 24, 2005, at approximately 1:43 p.m., PRADO, using Target Telephone One, contacted MILLAN at telephone number (773) 518-6152. During the call, in summary, among other things, MILLAN told PRADO that he had the meeting and received the eight dollars [$8,000]. 67. On May 24, 2005, at approximately 1:45 p.m., RENTERIA, using telephone number (708) 906-8705, called PRADO at Target Telephone One. During the call, among other things, PRADO told RENTERIA, in sum and substance, that the reason he wanted 30
68. At approximately 1:56 p.m., the Illinois State Police, working with the FBI, conducted a traffic stop of RENTERIA near George Street and Damen Avenue after observing RENTERIA driving 45 miles per hour in a 30 mile per hour zone. ISP Trooper Javier Martinez asked for RENTERIA's license. RENTERIA advised the trooper he was driving on a suspended license as a result of a prior DUI. RENTERIA was then taken into ISP's custody, and the Chevy was towed. RENTERIA was ultimately issued two citations and released on bond. FBI Agents, along with ISP, maintained surveillance of the Chevy as it was towed to a nearby impoundment lot, after which Agents removed and took custody of the bag which FBI agents had seen MILLAN give to RENTERIA and which was suspected to contain heroin. The bag was seized from the floor in the back of the Chevy. Further inspection revealed that the bag contained a shoe box inside of which Agents found suspected heroin. The substance field tested positive for the presence of heroin and weighed approximately one kilogram. The heroin was packed in 10 ziplock bags, 9 which were marked "100" and 1 which was marked, "95." 31 69. On May 24, 2005, at approximately 2:37 p.m., RENTERIA, using telephone number (708) 906-8705, contacted PRADO at Target Telephone One. During the call, in sum and substance, RENTERIA told PRADO that the Chevy had been towed. RENTERIA explained that he was stopped by a state trooper. PRADO asked, "for what?" RENTERIA said he was going five miles over the limit on Damen Avenue on the North side. RENTERIA goes on to explain the everything [heroin] was in there and that he would need his (RENTERIA's) father to get the Chevy back. RENTERIA explained that they (the police) took the Chevy because he had no license and that he got a ticket. Later in the call, RENTERIA told PRADO that the stuff [heroin] was in the car in the back on the ground on a jacket. Among other things, PRADO told RENTERIA that he better hope that they [the police] don't find it [the heroin] and that he [RENTERIA] needed to hurry up and do something. 70. On May 24, 2005, at approximately 2:50 p.m., RENTERIA, using telephone number (708) 906-8705, called PRADO at Target Telephone One. During the call, RENTERIA explained that his dad was angry and he asked why he [RENTERIA] had been on the North side. RENTERIA then asked PRADO what time he was going by [to pick up RENTERIA's dad]. PRADO told RENTERIA he was on his way, and that they better get there quick hope that no one finds it [the heroin]. 71. On May 24, 2005, at approximately 4:01 p.m., PRADO, using Target 32
72. On May 24, 2005, at approximately 4:47 p.m., RENTERIA, using telephone number (708) 906-8705, called Target Telephone One and spoke with PRADO. During that call, PRADO advised RENTERIA, in sum and substance, that he did not believe that RENTERIA was being honest and that he had a big problem. Among other things, PRADO told RENTERIA, that "he is fucking around with the wrong people"; that he needs to go get "60,000 dollars" because "it is on him"; that he has to figure out which one [option] he wants to take. RENTERIA tried to persuade PRADO that he did nothing wrong. Among other things, PRADO said, "that is bullshit and that he [RENTERIA] should have been locked up and that could have been his only way out." PRADO also told RENTERIA that he would turn him in and that he does not need any problems. After some conversation, RENTERIA asked PRADO if PRADO actually thinks RENTERIA took "it" [the drugs]? PRADO said, "you're fucking right." RENTERIA replied, "I don't believe you." PRADO asked what RENTERIA expects him [PRADO] to do, "fucking eat it" [meaning accept responsibility for the lost drugs]. RENTERIA said no, I don't. PRADO informed RENTERIA to get "it" [the 33
73. On May 24, 2005, at approximately 7:06 p.m., Target Telephone One placed an outgoing call to MILLAN at (773) 518-6152. During the call, MILLAN informed PRADO that he is on the highway [likely returning to New York]. Among other things, PRADO asked MILLAN how he [MILLAN] gave "it" to the guy [RENTERIA]. MILLAN said that he gave "it" [the drugs] to him inside a small shoe box. In summary, PRADO told MILLAN about what happened to RENTERIA and the Chevy and that "the thing [the heroin] was not there." PRADO indicated that he did not know if RENTERIA was lying or what the 34
74. On May 24, 2005, at approximately 7:15 p.m., RIVAS, using Target Telephone Two, placed an outgoing call to (773) 518-6152 and spoke with MILLAN. During the conversation, MILLAN told RIVAS that her boyfriend [PRADO] called him. RIVAS replied, "What did he say?" MILLAN said he had bad news. RIVAS asked, "Why?" MILLAN said that the guy [RENTERIA] he gave the car [heroin] to, was stopped by the police... , and "they" [law enforcement] took the car.... MILLAN told RIVAS that when "they" picked up the car, the "shit" [heroin] was not there. Among other things, MILLAN 35 75. On May 24, 2005, at approximately 8:39 p.m., RIVAS, using Target Telephone Two, called telephone number (773) 518-6152 and spoke with MILLAN. During the conversation, among other things, MILLAN said he was told to go back to see what is going on, and to see what they are going to do. MILLAN also said that he was told [possibly by PRADO] to wait until tomorrow after RIVAS' boyfriend [PRADO] talks to the guy [RENTERIA]. MILLAN said that they will have to scare him anyway. MILLAN told RIVAS to light up a candle to the virgin to make sure that everything comes out alright. RIVAS said she did it already. RIVAS asked MILLAN where he was? MILLAN replied that he is about an hour away from Pennsylvania, and that he will be in around at 3 to 4 in the morning. 36 76. On May 25, 2005, at approximately 5:46 p.m., Target Telephone One received an incoming call from an unknown telephone number at which time PRADO spoke with MILLAN. During that call, MILLAN asked PRADO how things were going? PRADO replied that he is going to talk to "some guys" who he knows . . . and asked MILLAN not to say anything. PRADO told MILLAN that he is going to get the guy [RENTERIA] inside a garage and is going beat him up to see if he talks. MILLAN stated in summary that he thought [RENTERIA] was lying and stole the drugs. PRADO replied that he is checking all the papers and everything else. Among other things, PRADO advised MILLAN that he thinks that if after "they [PRADO and others] beat up the guy [RENTERIA], he does not talk, that the guy is probably telling the truth . . . but if he talks . . . they will get the knives out and they will fuck him up and that will be real fast." After some discussion, PRADO and MILLAN agreed that they do not believe RENTERIA's story. PRADO told MILLAN that tomorrow "this other boy" [referring to an unknown party] is going to pay him off. MILLAN advised that he needs to tell his sister to finish with "those people" [referring to unknown individuals]. MILLAN advised PRADO that as soon as he [PRADO] has "the papers" [money] to call him since he has to deliver "it" to "this lady." PRADO agreed. 77. Subsequent to the seizure of the kilogram of heroin, as described above, calls intercepted over the Target Telephones further revealed that the drugs were supplied by STEWART. Specifically, between May 28, 2005 and May 31, 2005, calls intercepted over 37
38
IV. REQUESTED SEARCH WARRANT. 78. T hrough 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:
39
79. 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 STEWART, the supplier of the heroin sold to PRADO by RIVAS and MILLAN.
A. 213 May Street, Bensenville, Illinois 60106 80. 213 May Street, Bensenville, Illinois 60106 is a one-story single family residence on the East side of the street at the North end of the 200 block of May Street. The residence has white siding and a faded red shingle roof. The number "213" is written in black numbers horizontally to the right of the front door. The residence has a black asphalt driveway on the South side of the house, and a cyclone fence surrounds the rear of the 40
81. Based on the communications intercepted over Target Telephones One and Two as detailed above, and the surveillance conduced on May 22, 2005, STEWART is believed to be a supplier of kilogram quantities of heroin to RIVAS and MILLAN. See ¶¶ 43-53, 57 and 77. Specifically, as detailed above, it is believed that STEWART supplied one-half a kilogram of heroin to the coconspirators on May 22, 2005 and one kilogram of heroin to the coconspirators on May 24, 2005. 82. On May 31, 2005, Agents conducted surveillance at 213 May Street, Bensenville, Illinois. Agents observed STEWART arrive at the residence driving a black Lincoln Navigator bearing Illinois registration No. 712-3709, registered to Emmanuel B. Rangel, 213 May Street, Bensenville, Illinois.8 Rangel is STEWART's maiden name. STEWART stopped at the residence, picked up an unidentified female teenager and departed. On June 1, 2005, at approximately 7:00 a.m., Agents again observed the Lincoln Navigator parked in the driveway at the May Street address. 213 May Street is the same address that was listed on the rental agreement for the Grand Marquis that was rented from Hertz for the May 22, 2005 meeting between STEWART and RIVAS. 83. STEWART is further connected to the May Street address because her drivers ________________
41 84. Based upon my training and experience persons who traffic in large scale quantities of narcotics, such as those distributed by STEWART in this case, often keep records of such transactions, including money and drug ledgers. Moreover, the wire intercepts indicate that STEWART receives approximately $58,000 for each kilogram of heroin which she sells. Given the significant amounts of cash recently received by STEWART, it is likely that STEWART still has possession of drug proceeds. 42 V. Requested Authority for Search Warrants for Each of the Foregoing Locations. 85. Based on the foregoing it appears that there is probable cause to seize from the foregoing locations the following items:
43
FURTHER AFFIANT SAYETH NOT.
Sworn to before me this 1st day of June, 2005 s/GERALDINE SOAT BROWN GERALDINE SOAT BROWN UNITED STATES MAGISTRATE JUDGE
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