Case 2:15-cv-03388 Document 1 Filed 05/06/15 Page 1 of 12 Page ID #:1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 STEPHANIE YONEKURA Acting United States Attorney ROBERT E. DUGDALE Assistant United States Attorney Chief, Criminal Division STEVEN R. WELK Assistant United States Attorney Chief, Asset Forfeiture Section KATHARINE SCHONBACHLER Assistant United States Attorney Asset Forfeiture Section California Bar No. 222875 Federal Courthouse, 14th Floor 312 North Spring Street Los Angeles, California 90012 Telephone: (213) 894-3172 Facsimile: (213) 894-7177 E-mail: Katie.Schonbachler@usdoj.gov Attorneys for Plaintiff United States of America 16 UNITED STATES DISTRICT COURT 17 FOR THE CENTRAL DISTRICT OF CALIFORNIA 18 WESTERN DIVISION 19 20 UNITED STATES OF AMERICA, 21 Plaintiff, 22 v. 23 24 $76,869.94 IN U.S. CURRENCY, Defendant. 25 26 27 28 /// ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) NO. CV 15-03388 VERIFIED COMPLAINT FOR FORFEITURE [21 U.S.C. § 881(a)(6)] [D.E.A.] Case 2:15-cv-03388 Document 1 Filed 05/06/15 Page 2 of 12 Page ID #:2 1 The United States of America brings this claim against the defendant 2 $76,869.94 in U.S. currency (“defendant currency”), and alleges as follows: 3 4 5 6 7 8 JURISDICTION AND VENUE 1. This is a civil forfeiture action brought pursuant to 21 U.S.C. § 881(a)(6). 2. This court has jurisdiction over the matter under 28 U.S.C. §§ 1345 and 1355. 3. 9 Venue lies in this district pursuant to 28 U.S.C. § 1395(a). PERSONS AND ENTITIES 10 4. The plaintiff is the United States of America. 11 5. The defendant in this action is $76,869.94 in U.S. Currency seized on 12 December 9, 2014 and consists of the following: 13 (a) $66,072.00 in U.S. currency found in a large safe during the 14 execution of a search warrant at Omar Geovani Salazar’s , a.k.a. Cholo, (“Salazar”) 15 residence located in Los Angeles, California (the “Salazar residence”);1 16 17 (b) $8,856.00 in U.S. currency found in a small safe during the execution of a search warrant at the Salazar residence; and 18 (c) $1,941.94 in U.S. currency found on Salazar’s person during a 19 traffic stop of a black Chevrolet Camaro vehicle being operated by Salazar near 20 Prairie Avenue in Hawthorne, California. 21 6. The defendant currency is currently in the custody of the United 22 States Marshals Service in this District, where it will remain subject to this Court’s 23 jurisdiction during the pendency of this action. 24 7. The interests of Salazar, David Rafael Salazar-Cardenas, Alicia 25 Alvarado, Isabel Aguero, Armando Ruiz Alvarado, Blanca Estrella Ruiz, and 26 Joseph Eli Munoz may be adversely affected by these proceedings. 27 28 1 Pursuant to Local Rule 5.2-1, personal residence addresses are omitted from this Complaint. 2 Case 2:15-cv-03388 Document 1 Filed 05/06/15 Page 3 of 12 Page ID #:3 1 2 3 EVIDENCE SUPPORTING FORFEITURE Background of the Investigation 8. In December 2014, Drug Enforcement Administration (“DEA”) 4 special agents and task force officers (collectively referred to as “investigators”) 5 were conducting a narcotics investigation in which Salazar and others were 6 identified as narcotics couriers and stash-house managers for a Mexico drug 7 trafficking organization (“DTO”) operating in Los Angeles, Riverside and San 8 Bernardino counties. Based on the information gathered from recorded telephone 9 conversations intercepted pursuant to state authorized wiretap orders, investigators 10 learned that Salazar was a narcotics courier for an individual known as Abuelo. 11 Abuelo’s DTO and Salazar received shipments of multiple kilograms of narcotics 12 from Abuelo’s stash location in Los Angeles, California and provided the 13 narcotics to customers throughout Los Angeles County. 14 9. On December 9, 2014, at approximately 9:55 a.m., investigators 15 intercepted a telephone conversation between Salazar and an unidentified male 16 (“UM-1”). During this call, UM-1 stated that he (UM-1) was calling on behalf of 17 a third party narcotics source to coordinate the delivery of multiple units of 18 narcotics to Salazar. Salazar told UM-1 that he (Salazar) would send a text 19 message to UM-1 regarding the meeting address. Approximately two minutes 20 later, Salazar sent a text message to UM-1 that contained an address in Inglewood, 21 California (“Inglewood location”). Based on the information learned from the 22 intercepted telephone conversations, investigators believed this address was the 23 location for the meeting between Salazar and UM-1 for the narcotics transaction 24 exchange. 25 10. On December 9, 2014, at approximately 11:30 a.m., investigators 26 established surveillance in the vicinity of the Inglewood address. At 27 approximately 11:40 a.m., officers observed a black Chevrolet Camaro, 28 3 Case 2:15-cv-03388 Document 1 Filed 05/06/15 Page 4 of 12 Page ID #:4 1 (“Camaro”) with “Performance” paper dealership license plates2 driving near the 2 Inglewood location. Investigators recognized the driver of the Camaro as Salazar 3 from prior surveillance and there was an unidentified male passenger (“Camaro 4 passenger”) also seen in the Camaro. Salazar parked the Camaro near the 5 Inglewood address. A few minutes later, a gold Toyota Corolla (“the gold 6 Corolla”) with paper “818” dealership license plates parked near the Camaro. An 7 unidentified individual exited the driver’s side of the gold Corolla, walked to the 8 passenger door of the Camaro momentarily, and returned back to the gold Corolla. 9 Investigators believed that the unidentified individual that was driving the gold 10 Corolla was UM-1 (the individual whom Salazar had spoken to earlier that 11 morning) but were unable to determine if there was a narcotics exchange. Salazar 12 then drove the Camaro away from the Inglewood address. 13 11. Investigators followed the Camaro driven by Salazar to the Salazar 14 residence and observed Salazar park the Camaro east of the Salazar residence. 15 Salazar and the Camaro passenger exited the Camaro, walked west and entered 16 through the rear entrance of the Salazar residence. A short time later, the Camaro 17 passenger exited the Salazar residence, entered a white Toyota Corolla and left the 18 Salazar residence. 19 12. On December 9, 2014, at approximately 12:35 p.m., investigators 20 observed Salazar and an unidentified Hispanic male (“UHM”) exit the Salazar 21 residence. Salazar and the UHM entered a white Ford Ranger truck (“Ford 22 Ranger”) and the UHM drove the Ford Ranger to the location where Salazar had 23 parked the Camaro earlier. Salazar exited the passenger door of the Ford Ranger 24 and entered the driver’s side of the Camaro. Investigators followed the Camaro to 25 a parking lot of a DMV office located at 3700 West El Segundo Boulevard, 26 Hawthorne, California. 27 28 2 California Department of Motor Vehicles’ (“DMV”) records for the Camaro listed Salazar as the registered owner. 4 Case 2:15-cv-03388 Document 1 Filed 05/06/15 Page 5 of 12 Page ID #:5 1 13. Salazar walked into the DMV office and approximately an hour later, 2 Salazar exited the DMV office and returned to the driver’s side of the Camaro. 3 Salazar drove the Camaro away from the DMV parking lot north on Prairie 4 Avenue. Investigators contacted the Hawthorne Police Department (“HPD”) to 5 conduct a traffic stop on the Camaro. An HPD officer who was driving a marked 6 police vehicle initiated a traffic stop on the Camaro for a violation of California 7 Vehicle Code section 26708(a)(1) (tinted windows). 8 14. The HPD officer contacted Salazar who was the driver and sole 9 occupant of the Camaro. Salazar was on active probation with search conditions 10 for narcotics violations. Two other officers, along with a narcotics trained canine 11 “Fester”, arrived at the traffic stop to assist the HPD officer. During the encounter 12 with Salazar, Fester conducted a sniff of the exterior and interior of the Camaro 13 and Fester gave a positive alert to the presence of a narcotics odor coming from 14 the exterior passenger door and interior panel doors of the Camaro. The officers 15 asked Salazar if he (Salazar) was in possession of any contraband. Salazar stated 16 that he had approximately $2,000.00 in U.S. currency on his person and that he 17 intended to use the currency for Salazar’s recently purchased Camaro’s vehicle 18 registration. Officers found $1,941.94 in U.S. currency on Salazar’s person (i.e., a 19 portion of the defendant currency). 20 Execution of California State Search Warrant at Salazar’s residence 21 15. Based on the information gathered through the investigation, the 22 investigators obtained a state search warrant to search the Salazar residence. On 23 December 9, 2014, at approximately 4:00 p.m., officers transported Salazar to his 24 residence. Just prior to investigators arriving at the Salazar residence, a 25 surveillance officer observed a Hispanic male walk out of the Salazar residence 26 /// 27 28 5 Case 2:15-cv-03388 Document 1 Filed 05/06/15 Page 6 of 12 Page ID #:6 1 and enter a Ford Ranger pickup truck.3 Investigators attempted to follow the Ford 2 Ranger, but the investigators were unsuccessful due to heavy traffic in the area. 3 16. On December 9, 2014, South Gate Police Department Narcotics 4 Enforcement Team detectives executed the search warrant of the Salazar 5 residence. The following individuals were present at the Salazar residence when 6 the detectives arrived to execute the search warrant: Alicia Alvarado, Isabel 7 Aguero, Armando Ruiz Alvarado, Blanca Estrella Ruiz, Joseph Eli Munoz, four 8 male juveniles (all under six years old), and one five year old female juvenile. 9 Alicia Alvarado (“Alicia”) stated that she (Alicia) rented and lived in the front of 10 the residence with her husband, children, and grand-children. Alicia further stated 11 that due to financial hardship, she (Alicia) agreed to sub-lease the rear converted 12 garage to two young men who were brothers. Alicia stated that the brothers told 13 Alicia that they (the brothers) owned a mobile car wash business. Alicia also 14 stated that she (Alicia) noticed the brothers come and go throughout the day but 15 normally did not stay in the garage later than 10:00 p.m. and never overnight. 16 Alicia stated that the two brothers were the only individuals who had access to the 17 garage and that one of the brothers drove a new sports car and the other had just 18 driven away in a white pickup truck (the Ford Ranger). 19 17. Detectives searched the rear garage which had been converted into 20 small living quarters. No one was inside the garage but there were several 21 narcotics packages in plain view including narcotics packaging items, scales, 22 Foodsaver heat sealers, plastic baggies and Tupperware plastic food storage 23 containers. Next to the bed, investigators found a large black bag containing 19 24 individually wrapped packages housing approximately 20 pounds of 25 26 27 28 3 The surveillance officer recognized the Hispanic male was the same UHM that was with Salazar earlier that day in the Camaro. The white Ford Ranger pickup truck was also the same Ford Ranger the UHM drove to the location Salazar had parked the Camaro. 6 Case 2:15-cv-03388 Document 1 Filed 05/06/15 Page 7 of 12 Page ID #:7 1 methamphetamine and a second black suitcase which contained 12 individually 2 wrapped packages housing approximately 11 pounds of methamphetamine. An 3 unloaded Ruger .22 caliber handgun was found underneath the bed. 4 18. In a small safe in the garage, detectives found five plastic bags 5 containing approximately 2.5 pounds of tar heroin, one plastic package containing 6 approximately 2.32 pounds of tar heroin, two zipper style plastic bags housing 19 7 smaller plastic wrapped packages which in turn contained approximately 1.06 8 pounds of powder cocaine, and one zipper style plastic bag containing 30 smaller 9 plastic wrapped packages housing approximately .73 pounds of 10 methamphetamine. Investigators also found inside the small safe $8,856.00 in 11 U.S. currency (i.e., a portion of the defendant currency) and miscellaneous 12 documents, including two Mexican government identification cards without 13 address information issued to David Rafael Salazar-Cardenas. 14 19. Inside a camera case on top of a large Sentry safe, a detective found 15 approximately 3.11 pounds of methamphetamine which was housed within two 16 plastic wrapped packages and one Tupperware container. Inside a second larger 17 safe in the garage, officers found approximately 1.78 pounds of cocaine within 18 four zipper style plastic bags and one Tupperware container, approximately .23 19 pounds of tar heroin housed within one zipper style plastic bag containing four 20 plastic wrapped packages, approximately 1.31 pounds of methamphetamine 21 within one Tupperware plastic container, three cellphones, one box of Remington 22 .45 caliber bullets, a notepad containing pay/owe sheets, court probation 23 paperwork in the name of Salazar and $66,072.00 in U.S. currency (i.e., the 24 remaining portion of the defendant currency). 25 Salazar’s Criminal History 26 20. Salazar has been arrested multiple times in Los Angeles for state 27 narcotics related violations including: on June 3, 2012 for possession of narcotics 28 for sale; on November 3, 2013 for possession of narcotics for sale; on March 23, 7 Case 2:15-cv-03388 Document 1 Filed 05/06/15 Page 8 of 12 Page ID #:8 1 2014 for possession of narcotics for sale; on September 18, 2014 for possession of 2 narcotics for sale; and on December 9, 2014 related to the above described 3 narcotics investigation. On April 3, 2013, Salazar was arrested in Los Angeles, 4 California for a violation of California Penal Code § 530.5(C)(3) (possession of 5 identifications of ten or more people, with the intent to defraud). 6 March 23, 2014 Narcotics Arrest 7 21. The details of the March 23, 2014 arrest are as follows. A Los 8 Angeles Sheriff Department (“LASD”) deputy was driving a marked patrol 9 vehicle on Long Beach Boulevard at Cedar Avenue in Lynwood, California and 10 saw a 2000 BMW (“BMW”) with no license plates and straddled between street 11 driving lanes. The deputy initiated a traffic stop on the BMW for violations of 12 California Vehicle Code sections 5200(a) and 21658(a) (driving without license 13 plates and unsafe lane change). 14 22. Upon contacting the driver of the BMW, later identified as Salazar, 15 the deputy noticed Salazar appeared nervous and began reaching for the center 16 console. The deputy believed that Salazar was attempting to retrieve a weapon or 17 hide contraband and immediately opened the driver’s side door and ordered 18 Salazar to place both hands on the steering wheel. The deputy saw a plastic bag 19 inside the BMW’s center console containing methamphetamine. 20 23. The deputy detained Salazar and placed him in the back seat of the 21 deputy’s patrol vehicle while the deputy searched the BMW. On the front 22 passenger seat, the deputy saw a detergent box containing a square plastic 23 container wrapped in plastic wrap. The deputy found a large quantity of 24 methamphetamine inside the plastic container. The deputy also found $693.25 in 25 U.S. currency, two cell phones, and a pay/owe notebook in the vehicle. The 26 amount of the currency and its denominations (2-$100.00; 1-$50.00's; 20- 27 $20.00's; 2-$10.00; 1-$5.00; and 16-$1.00’s) were consistent with proceeds from 28 small level street sales of narcotics. Salazar was arrested and later convicted of 8 Case 2:15-cv-03388 Document 1 Filed 05/06/15 Page 9 of 12 Page ID #:9 1 violating California Health and Safety Code section 11378 (possession of 2 narcotics for sale). 3 November 3, 2013 Narcotics Arrest 4 24. The details regarding the November 3, 2013 arrest for possession of 5 narcotics for sale are as follows. On November 3, 2013, a LASD deputy was 6 driving a marked patrol vehicle west on 101st Street in Inglewood, California and 7 saw a 2002 Volkswagen Jetta (“Jetta”) traveling in front of the deputy’s patrol 8 vehicle. As the deputy drove next to the Jetta, the deputy noticed the driver’s side 9 window of the Jetta was tinted very dark and the deputy could not see the Jetta’s 10 interior. The deputy initiated a traffic stop on the Jetta for a violation of 11 California Vehicle Code section 26708(a)(1) (tinted windows). 12 25. The deputy contacted the Jetta’s driver who was identified as Salazar. 13 The deputy saw inside the Jetta a large plastic bag containing numerous plastic 14 baggies each containing what appeared to be cocaine lying on the Jetta’s front 15 driver’s side floorboard. Inside the Jetta the deputy found one large plastic bag 16 which contained fifteen plastic baggies that housed cocaine and nine plastic 17 baggies that housed methamphetamine. In addition, two cellular telephones and 18 $649.00 in U.S. currency were found on Salazar’s person. The amount of the 19 currency and its denominations (1-$100.00; 2-$50.00's; 20-$20.00's; 1-$10.00; 1- 20 $5.00; 12-$2.00’s; and 10-$1.00’s) were consistent with proceeds from small level 21 street sales of narcotics. 22 26. Salazar told the deputy that Salazar’s friend had given him (Salazar) 23 the narcotics to drop off to a person that Salazar was going to meet at an address 24 on Hawthorne Boulevard in Inglewood, California. On September 18, 2014, 25 Salazar was convicted of violating California Health and Safety Code 11378 26 (possession of a controlled substance for sale) and sentenced to 365 days in jail 27 and three years probation. 28 /// 9 Case 2:15-cv-03388 Document 1 Filed 05/06/15 Page 10 of 12 Page ID #:10 1 June 3, 2012 Narcotics Arrest 2 27. The details regarding the June 3, 2012 arrest for possession of 3 narcotics for sale are as follows. While two LASD deputies in a marked patrol 4 vehicle conducted a patrol check of the parking lot of the American Inn Suites 5 located at 11025 Prairie Avenue, Inglewood, California, the deputies observed a 6 male Hispanic, later identified as Salazar, sitting in a 1994 Toyota Camry 7 (“Camry”). Salazar was sitting in the driver’s seat of the Camry and was the only 8 occupant. A deputy noticed that Salazar was startled and made movements with 9 his feet, appearing as if he (Salazar) was trying to hide something. 10 28. In addition, a deputy noticed that Salazar appeared nervous, began to 11 sweat profusely, and Salazar’s hands were shaking. When the deputy asked 12 Salazar if he (Salazar) was attempting to hide any drugs, Salazar did not respond. 13 When Salazar exited the vehicle, one of the deputies noticed a black nylon bag 14 between Salazar’s legs. The bag contained seven bindles each containing 15 methamphetamine and two bindles each containing cocaine. 16 29. Salazar stated that he (Salazar) tried to hide the black bag under the 17 seat and admitted ownership of the narcotics found in the bag. In addition, a total 18 of $2,770.00 in U.S. currency was found on Salazar’s possession. The amount of 19 the currency and its denominations (23-$100.00; 2-$50.00's; 18-$20.00's; 6- 20 $10.00; 9-$5.00; 1-$2.00’s; and 3-$1.00’s) were consistent with proceeds from 21 small level street sales of narcotics. 22 30. Based on the above, plaintiff alleges that the defendant currency 23 represents or is traceable to proceeds of illegal narcotic trafficking or was intended 24 to be used in one or more exchanges for a controlled substance or listed chemical, 25 in violation of 21 U.S.C. § 841 et seq. The defendant currency is therefore subject 26 to forfeiture pursuant to 21 U.S.C. § 881(a)(6). 27 /// 28 10 CD r?sr?nt?Ir?ta?ar?dI?I 00 Case 2:15-cv-03388 Document 1 Filed 05/06/15 Page 11 of 12 Page ID #:11 WHEREFORE, plaintiff United States of America prays that: due process issue to enforce the forfeiture of the defendant currency; due notice be given to all interested parties to appear and show cause why forfeiture should not be decreed; this Court decree forfeiture of the defendant currency to the United States of America for disposition according to law; and for such other and further relief as this Court may deem just and proper, together with the costs and disbursements of this action. DATED: May 6, 2015 STEPHANIE YONEKURA Acting United States Attorney ROBERT E. DUGDALE Assistant United States Attorney Chief, Crimlnal STEVEN R. WELK Assistant United States Attorney Chief, Asset Forfeiture Section KATHARINE SCHONBACHLER Assistant United States Attorney for Plaintiff . United tates of Amerlca 11 Case 2:15-cv-03388 Document 1 Filed 05/06/15 Page 12 of 12 Page ID #:12 VERIFICATION 1, Joseph Carrillo, hereby declare that: l. I am a Special Agent with the Drug Enforcement Administration and the case agent for the forfeiture matter entitled United States of America v. $76,869.94 in US. Currency. 2. I have read the above Veri?ed Complaint for Forfeiture and know its contents. It is based upon my own personal knowledge and reports provided to me by other law enforcement agents. 3. Everything contained in the Complaint is true and correct, to the best of my knowledge and belief. I declare under penalty of perjury that the foregoing is true and correct. 12