• • s~- ;:tk . UNIJLD STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NO. UNITED STATES OF AMERICA, Plaintiff, v. MARIO S. TABRAUE, GUILLERMO TABRAUE, SR., FRANCISCO QUINTANA, a/k/a "PUPI", JOSE LABRADA, a/k/a JOE VULCANO, ORLANDO CICILIA, MIGUEL RAMIREZ, EDUARDO FERNANDEZ-CARDULI, CARLOS PAZOS-SANTANA, ANTONIO MUN!O, JOSE PEPE ACOSTA, LUIS VALDESUSO, a/k/a "FLACO", a/k/ a "RECITO", JUAN PORTt!ONDO, and PHILIP EPSTEIN 87-928-Cr-KEHOE(S) 18 usc §1962(d) l~ usc §1962 (c) 18 usc Sl963 18 usc §2 21 USC SB48 21 usc §846 21 usc S963 21 usc §952 21 USC §841 (a) (1) 18 USC S1952 (a) (3) 18 usc S1503 18 usc §1512(b) 26 usc §5861 (d) 26 usc §5871 SUPERSEDING INDICTMENT ., 2! ·' "" ~ <,,-.. r r ("J ::J :;:::. ' Q ~ " ""' ;-:; Defendants. The Grand Jury charges that: THE ENTERPRISE 1. From an unknown date, believed to be in the Summer of 1976, and continuing up to and including December 16, 1987 1 the d.efendants, MARIO S. TABRAUE, GUILLERMO TABRAUE, SR., FRANCISCO QUINTANA, a/k/a •pupr•, JOSE LABRADA, a/k/a JOE VULCANO, ORLANDO CIC!LIA, MIGUEL RAMIREZ, EDUARDO FERNANDEZ-CARDULI, CARLOS PAZOS-SANTANA, ANTONIO MUNIO, and JOSE PEPE ACOSTA, ' and others known and unknown to the grand jury, did constitute an enterprise, ("The Enterprise") United States Code, duals associated within the meaning of Title 18, Section 1961{4), in fact activities consisting of: tation marijuana, of 1 which that is a group of indivi- engaged in various conspiracy to import a Schedule I and controlled criminal the impor- substance, in violation of Title 21, United States Code, Sections 952 and 963; conspiracy to possess and distribute, to distribute, controlled controlled and distribution substance, substance, and in facilitate a marijuana, a cocaine, and 846i cocaine United States Code, of violation of Code, Sections 84l{a) (1} to the possession with intent Schedule Title 21 1 Schedule II I narcotic United States travel in interstate commerce business, in Section 1952 (a) (3}; Florida Statute 782.04; a violation murder, of Title 18, in violation of accessory after the fact to murder 1 in violation of Florida Statutes 777.03 and 775.082t and obstruction of justice, in violation of Title 18, United States Code, Sections 1503 and 1512(b). ROLES OF THE DEFENDANTS 2. The role of the defendants in the business TABRAUE arranged for the large quanti ties of of the Enterprise was as follows: A. distribution MARIO and sale 5. of -2- importation, illegal drugs on (' . 977, introduced Carlos Enrique defendant, MARIO S. Botero to Oscar Oliva TABRAUE, Cantu and received a fee from each of them for the introduction. 11. In arranged for or about May, the sale of 1977, ten defendant, {10} MARIO S. kilograms of TABRAUE, cocaine from carlos Enrique Botero to Oscar Oliva Cantu. 12. ln TABRAUE, or about received the Summer of approximately 1977, defendant, twenty-five thousand MARIO S. {25,000) pounds of marijuana from Jesus Carnet at a farm in Dade County, Florida. 13~ In or about the Summer of 1977, TABRAUE, delivered approximately defendant, t~enty-five thousand MARIO S .. {25,000) pounds of marijuana to Jose Antonio Fernandez and Gerardo "Tinon Guevara at a farm in Dade County, Florida. 14. No. In or about the summer of 1977, subsequent to Overt Act 13, defendant, MA~IO S. TABRAUE, received a payment of approximately $1,000,000 in cash from Jose Antonio Fernandez and Gerardo 11 Tino" Guevara in connection with the sale and dis- tribution of twenty-five thousand (25,000) pounds of marijuana. 15. In or about the Summer of 1977, subsequent to Overt Act No. 14, Jose Antonio Fernandez paid defendants, MARIO S. TABRAUE and GUILLERMO TABRAUE, SR., approximately $3,500 1 000 in cash in ( ( several installments in connection with the sale and distribution of twenty-five thousand (25,000) pounds of marijuana. 16. No. In or about the Summer of 1977, subsequent to Overt Act 15, defendant, GUILLERMO TABRAUE, SR., met with Jose Antonio Fernandez at Fernandez' home. 17~ Between the Fall and end of 1977 1 TABRAUE, arranged (40 ,000} pounds of marijuana from Jesus Carnet to .Jose Antonio Fernandez, for delivery of defendant, MARIO S. approximately forty thousand Gerardo "Tinon Guevara and Robert Govern at a farm in Loxahatchee, Florida. 18. Act No. Between the Fall and end of 1977, 17, Jose Antonio Fernandez subsequent to Overt and Gerardo "Tinofl Guevara paid to defendants, MARIO S. TABRAUE and GUILLERMO TABRAUE, SR., approximately $7,000,000 in cash in several installments. 19. Between the Fall and end of 1977, subsequent to Overt Act No. 17, defendant, GUILLERMO TAERAUE, SR., received $450,000 in currency from Jose Antonio Fernandez at Fernandez' home in Dade County, Florida. 20. dants, Between the Fall of 1977 MARIO S. and the end of 1977, TABRAUE and GUILLERMO TABRAUE, SR., defen- employed a then City of Miami police officer, to assist them in collecting and counting the money received in connection with the dis- tribution of marijuana. 21. In 1977, defendant GUILLERMO TABRAUE, Gustavo Fernandez, a boat captain, to Jose Luis 22. Between November, 1977 and December, SR. introduced Acosta~ 1977 1 defendant 1 MARIO S. TABRAUE, made arrangements with Jose Luis Acosta for the -42- ( off-loading and transfer of at least twenty thousand (20, 000) pounds of marijuana from a ' 1mother ship!!" located in the Gulf of Mexico to a location in or about Crystal River 1 Florida. 23. 22, In or about December, 1977, subsequent to overt Act No. defendant, MARIO s. TABRAUE, sold five thousand (5,000) pounds of marijuana to Oscar Oliva Cantu at the parking lot of the Tabraue jewelry store in Miami, 24. Between December, Florida~ 1977 and January, Cantu paid defendants, MARIO S. 197S 1 Oscar Oliva TABRAUE and GUILLERMO TABRAUE, SR., $500,000 cash at Tabraue 1 s jewelry store, in Miami, Florida, in connection with the sale of five thousand (5,000) pounds of marijuana .. 25. travelled In to or about December, Baranquilla 1 1977 1 Colombia Carlos on behalf Enrique of Botero defendant MARIO s. TABRAUE for the purpose of purchasing and importing into the United States, at least fifteen thousand (15,000) pounds of marijuana. 26. In or about January, 1978 1 Oscar Oliva Cantu delivered four vans to defendant, MARIO s. TABRAUE, in connection with the distribution of ten thousand (10,000) pounds of marijuana. 27. In or about January, 1978, subsequent to Overt Act No. 26, defendant, MARIO s. TABRAUE, imported approximately fifteen thousand (15,000) pounds of marijuana into the United States. 28. In or about January or February, 1978, subsequent to Overt Act No. 27, Oscar Oliva Cantu met with defendant, GUILLERMO TABRAUE, SR., to discuss the fifteen thousand (15,000) pounds of marijuana imported by defendant MARIO s. TABRAUE. -43- ( 29. In or about January, 1978, defendant, MARIO S. TABRAUE, delivered to Oscar Oliva Cantu approximately one thousand eight hundred (l,BOO} pounds of marijuana. 30. In or about January, 1978, defendants, MARIO S. TABRAUE and GUILLERMO TABRAUE, SR., instructed Oscar Oliva Cantu to pay Carlos Enrique Botero approximately $100,000 with the distribution of one thousand cash in connection eight hundred (1,800} pounds of marijuana. 31. dant, Sometime between January, 1978 and April, 1979, defen- MARIO $150,000 S. TABRAUE, paid Gustavo Fernandez approximately in cash for the purpose of bribing police officers in Monroe County, Florida and obtaining their protection during the off-loading of approximately thirty thousand (30, 000) pounds of marijuana. 32. Sometime between January, 1978 and April, 1978, Gustavo Fernandez paid approximately $170,000 to various police officers ih Monroe County, Florida, including police lieutenant, Raymond Casarnayor. 33. In or about April, 1978, defendant, received approximately ten thousand (10,000} MARIO 5. TABRAUE, pounds of marijuana from Gustavo Fernandez. 34. dant, Between in or about May, MARIO S. twenty TABRAUE, thousand (20 1 000) arranged pounds 1978 and July, for the of 1978, defen- sale of approximately marijuana from Jose Luis Acosta to Oscar Oliva Cantu. 35. arranged In or about July, for the sale of 1978, defendant, approximately -44- MARIO S. seventeen TABRAUE 1 thousand ( (17,000) pounds of marijuana from Jose Luis Acosta to Oscar Oliva Cantu. 36. paid Between May, 1978 and October, 1978, Oscar Oliva Cantu defendants, MARIO S. TABRAUE and GUILLERMO TABRAUE, SR., approximately $6,000,000 in cash in connection with the purchase of thirty-seven thousand pounds of marijuana from Jose (37r000) Luis Acosta. 3?. a/k/a In or about July, 1978, defendants FRANCISCO QUINTANA, "PUPI" approximately and JOSE fifty LABRADA, thousand a/k/a JOE VULCANO, pounds (50,000) of off-loaded marijuana at Appollo Beach, Florida. 38. In or about July, 1978, subsequent to Overt Act No. 37, defendant, MARIO s~ TABRAUE, received a quantity of marijuana from defendant, FRANCISCO QUINTANA, a/k/a "PUP!'. 39. TABAAUE, In or about the end of 1978, Defendant, MARIO S. arranged for the sale and delivery of at least twen- ty-nine thousand (29, 000) of marijuana pounds to Jose Antonio Fe:t;nandez, Gerardo ,.Tinou Guevara and E.obert Govern at a farm in Loxahatchee, Florida. 40. In or about the end of 1978, subsequent to Overt Act No. 39, defendants, MARIO S. TABRAUE and received approximately $5,000,000 in GUILLE~ID cash from TABRAUE, SR., Jose Antonio Fernandez and Gerardo hTino" Guevara. 41. In or about the end of 1978, defendant, MARIO S. TABRAUE, paid James Ricky Brown approximately $10,000 for assisting him in the counting, sorting -45- and distribution of cash ( ( collected by defendant, MARIO S. TABRAUE 1 in connection with the sale of marijuana. 42. Between defendant, United the end of 1978 FRANCISCO QUINTANA, States, at and a/k/ a Islamorada, the beginning "PUPI", Florida, of imported at least 1979, into the twenty-five thousand (25,000) pounds of marijuana. 43. Between subsequent to the end Overt Act of No. 1978 42, and the beginning defendant, MARIO of S. 1979, TABRAUE, arranged for the delivery of approximately five thousand (5,000) pounds of marijuana, in Dade County, Florida. 44. Between the subsequent to Overt direction and end of Act No. supervision 1978 43, of James of marijuana and the beginning Ricky defendant, collected the money due from the pounds and of Brown, MARIO under S. that money the TABRAUE, sale of five thousand delivered 1979, to (5 ,000} defendant, FRANCISCO QUINTANA, a/k/a "PUPI". 45. In or about the Spring of 1979, defendant, FRANCISCO QUINTANA, a/k/a "PUPI"; arranged for the use of a large house in Islamorada, Florida, as a stash house for the purpose of importing marijuana into the United States (hereinafter referred to as the Acapulco house), 46. QUINTANA, In or about the Spring of 1979 1 defendants, FRANCISCO a/k/a off-loaded "PUPI" and approximately JOSE fifty LABRADA, thousand a/k/a JOE (50,000) VULCANO, pounds of marijuana at the Acapulco house in Islamorada, Florida. 4 7. TABRAUE, In or about received the Spring of approx~ately -46- 1979 1 defendant, twenty-five thousand ~.ARIO S~ (25,000) ( ( pounds of marijuana from defendant, FRANCISCO QUINTANA, a/k/ a "PUPI", at the Acapulco house in Islamorada, Florida. 48. In or about the Spring of 1979, defendant, MARIO S. TABRAUE, received approximately 2.2 million dollars in connection with the distribution of approximately twenty-two thousand In or about the Su:mmer of 1979, defendants, FRANCISCO (22,000} pounds of marijuana. 49. QUINTANA, a/k/a "PUPI" and JOSE LABRADA, off-loaded at least fifty thousand at the Acapulco house in Islamorada JOSE LABRADA, 50, a/k/a (50,000} 1 JOE VOLCANO, pounds of marijuana Florida. a/k/a JOE VULCANO, paid $100,000 to to Eduardo Macias. 51. In or TABRAUE 1 pick-up about arranged for approximately the Sununer of drivers in twenty-five 1979, defendant, campers and thousand MARIO S. mobile homes (25,000) pounds to of marijuana from defendant FRANCISCO QUINTANA, a/k/a •pupr• at the Acapulco house in Islamorada 1 Florida. 52. Between defendants, JOE a/k/a in or about FRANCISCO QUINTANA, VULCANO, November a/k/ a off-loaded and "PUPI• December~ 1979, and JOSE LABRADA, approximately fifty thousand (50,000) pounds of marijuana at the Acapulco house in Islamorada, Florida. 53. Between in or about November and December, 1979, defendant, MARIO S. TABRAUE, arranged for drivers in campers and mobile homes (25, 000) a/k/a 0 to pick-up approximately twenty-fi\re thousand pounds of marijuana from defendant FRANCISCO QUINTANA, PUPI'1 , at the Acapulco house in Islamorada, -47- ~lorida. • (. 54. Between the Spring of 1979 and December, 1979 1 de fen- dant, MARIO S. TABRAUE, paid approximately $2 per pound to stash marijuana at a small farm located in South Dadef Florida. 55. In TABRAUE, or about the Spring of 1979, defendant, MARIO s. leased a farm, known as the "Round Housesfl, located in southern Dade County, for the purpose of storing marijuana. 56. Between the Fall Defendants ANTONIO MUNIO, a/k/ a "'FLACO" and 57. TABRAUE, In JOSE or about loaded and the and unloaded the Fall of 1979, of 1981, quantities defendants PEPE ACOSTA and ANTONIO MUNIO, the "Round Houses 11 Spring of Housesn~ approximately fourteen thousand 58. 1979 JOSE PEPE ACOSTA and LUIS VALDESUSO, RECITO" marijuana at the nRound of (14,000) MARIO S. took possession of pounds of marijuana at • In or about the Fall of 1979, subsequent to overt Act No. 56, defendant, MARIO S. TABRAUE, sold approximately fourteen thousand (14,000) pounds of marijuana, for approximately $235 per pound. 59. TABRAUE, In or about November, 1979, defendants MARIO S. JOSE PEPE ACOSTA and ANTONIO MUNIO took possession of approximately thirty-eight thousand (38,000) pounds of marijuana at the "Round Houses". 60. In or about November, 1979r subsequent to Overt Act No. 59, defendant, MARIO s. TABRAUE, sold approximately thirty- eight thousand (38,000) pounds of marijuana for approximately $235 per pound. -48- ( 61, In or SANTANA about November, and MIGUEL RAMIREZ (10,000) defendants received approximately pounds of marijuana from defendant M;_RIO the "Round Houses 0 62. In TABRAUE, 1979, or C.I>.RLOS ten S~ PAZOS- thousand TABRAUE at • about December, 1979, defendants MARIO S. ANTONIO MUNIO and JOSE PEPE ACOSTA took possession of approximately twenty thousand {20 1 000) pounds of marijuana at the "Round Houses". In 63~ TABRAUE, or sold about December, 1979( defendant, approximately twenty thousand MARIO {20, 000) S. pounds of marijuana, for approximately $235 per pound. 64. MA.R10 Between the Fall of 1979 and December, 1979, defendant 1 s. TABRAUE, connection with received approximately $14,000,000 the sale of approximately in cash in sixty thousand (60,0000) pounds of marijuana, 65. 11 PUPI" During 1979, and MARIO s. $200,000 to defendants, TABRAUE 1 obtain and ~Rhl,CISCO paid Eduardo Macias operate various a/k/a QUINTANA, boats in excess of used for the off-loading of marijuana into the United States. ~rom 66. defendant, the Fall of 1979, until at least the end of 1979, MARIO S. TABRAUE, had City of Miami police officers assist him in collecting r counting and disbursing large amounts of currency received in connection with the distribution of marijuana. 67. MIGUEL In or about December 1 1979 or January, 1980, defendants RAMIREZ, EDUARDO ~ERNANDEZ-CARDULI met at the "Round Houses." -49- and MARIO S, TABRAUE ( 68. Between in or about late 1979 and the Winter of 1980 1 defendants MARIO S. TABRAUE, JOSE PEPE ACOSTA, ANTONIO MUNIO and others travelled from Miami to 69. MARIO Between S. February, TABRAUE 1 travelled James charter by Ne~ 1980 Ricky jet York with firearms. and April? Brown, from Juan ¥ort 1980, defendant, Medina and Lauderdale, others Florida to Lafayette, Louisiana. 70. Between February, 1980 and April, 1980, defendant JOSE LABRADA, a/k/a JOE VULCANO travelled to Louisiana for the purpose of distributing marijuana. 71. Between February, Overt Act No. 69, 1980 and April, defendant, MARIO S. 1980, TABRAUE, subsequent to arranged far the sale of approximately three thousand {3,000) pounds of marijuana, located in Louisiana. 72. In or about February or March, PAZOS-SANTANA and MIGUEL RAMIREZ 1980, defendant CARLOS received pounds of marijuana from defendant MARIO S~ five thousand (5,000) TABRAUE at the "Round Houses." 73. In or about the Spring of 1980 1 defendant, MARIO s. TABRAUE 1 received approximately eleven (11} kilograms of cocaine, as payment for approximately three thousand ( 3, 000} pounds of marijuana. 74. No. 73, In or about the Spring of 1980, subsequent to Overt Act defendant CARLOS PAZOS-SANTANA possessed approximately six (6} kilograms of cocaine. 75. In or about May, 1980, defendant, MARIO S. arranged for the sale of marijuana located in Louisiana. -so- TABRAUE 1 ( ( 76. MA.RIO In or about May, S. charter TABRAUE 1 jet James from 1980, at the direction of defendant, Ricky Fort Brown, and Lauderdale, others Florida by travelled to Lafayette, Louisiana. 77. In JOSE LABRADA 1 or about May, a/k/a JOE VULCANO 1 purpose of distributing 78. On travelled 1980, or about defendants RAMIREZ and travelled to Louisiana for the marijuana~ May 16, 1980, defendant from Louisiana to Mississippi with sixteen thousand (16,000) pounds of 79. MIGUEL MIGUEL trucks RAMIREZ containing marijuana~ On or about May 16, 1980, defendant JOSE LABRADA, a/k/a JOE VULCANO, travelled from Louisiana to Alabama in a motor home containing two large scales 1 five handguns and one machine gun. 80. On or about May 23, 1980, defendant, MARIO S. TABRAUE and others arranged to pay, in cash, $400,000 in fines for the release of defendant MIGUEL RAMIREZ and other individuals after their arrests in Mississippi. 81. about From in or about the beginning: of 1980, the middle of 1980, supplied defendant MARIO s. defendant EDUARDO through in or FERNl\NDEZ-CARDULI TABRADE and James Ricky Brown with firearms including two automatic pistols. 82. on or about June 12, 1980, defendant EDUARDO FERNANDEZ- CARDULI meet with Larry Nash, a confidential informant, for the purpose of discussing the sale of machine guns. 83. On or about July 11, 1980, defendant EDUARDO FERNANDEZ- CARDULI met with Larry Nash at EDUARDO FERNANDEZ-CARDULI's borne. -51- ( (_ 84. and On EDUARDO or about July 15, FERNANDEZ-CARDULI 1980, met defendants MIGUEL with Larry at Nash RAMIREZ EDUARDO FERNANDEZ-CARDULI's home in Miami, Florida. SS. On or Larry Nash was and MIGUEL about July murdered by RAMIREZ with 15, 1980, in Dade County, Florida, defendants EDUARDO FERNANDEZ-CARDULI two .shots from a . 38 0 Barretta semi- automatic gun registered to defendant EDUARDO FERNANDEZ-CARDULI 1 in an automobile being driven by and belonging to defendant MIGUEL RAMIREZ. 86. In or about July, 1980, subsequent to Overt Act No. 85, defendants MARIO S. TABRAUE, CARLOS PAZOS-SANTANA, ANTONIO MUNIO and JOSE PEPE ACOSTA, assisted in the mutilation, cremation and disposal of Larry Nash's body. 87. In July, 1980, subsequent to Overt Act No. 85, the vehicle in which Larry Nash was shot and killed was brought to the residence of a individual known to the grand jury, for the purpose of removing blood from the interior of the car. 88. In July, 19BO, subsequent to Overt Act No. 87, the automobile in which Larry Nash was shot and killed was moved to the residence of James Ricky Brown at which time efforts to clean the car 89. continued~ At the direction of defendant MARIO S. TABRAUE, the vehicle in which Larry Nash was shot and killed, was ultimately sold. 90. In or about September, 1980, defendant FRANCISCO QUINTANA, a/k/a "PUPI" imported into the United States, at Middle -52- ( ( Torch Key or Big Pine Key, approximately twenty-five thousand {25,000) pounds of marijuana. 91. In or about September, 1980 1 defendants MARIO S. TABRAUE and JOSE LABRADA, a/k/a JOE VULCANO, arranged for drivers F~~CISCO in vans to pick-up marijuana from defendant QUINTANA, a/k/a "PUPI" and deliver it to the nRound Bousesn. 9 2. ln or about September 1 1980, but subsequent to Overt Act No. 91, defendants FRANCISCO QUINTANA, a/k/ a "PUPI" , MARIO S, TABRAUEI ana Medina, Juan met at 11 the Round Houses" for the purpose of inspecting the marijuana received by defendant MARIO S. TABRAUE. 93. In or about September, 1980, defendant MARIO s. TABRAUE purchased shares in Damar a, Inc., N. V., an offshore corporation. 94. In or about November 1 1980, defendants CARLOS PAZOS- SANTANA and MARIO S. TABFAUE met in New York City. 95. In or about November 1980, 1 Defendants CARLOS PAZOS- SANTANA ana MARIO s. TABRAUE distributed a quantity of marijuana in New York City. 96. 1981, In or about January, 1981 or the beginning of February, the Florida to 97. defendant MARIO s. Scottsdale~ Arizona. In or about February, 1981, defendant MARIO S. located at 7025 January, defendant S.W~ TABRAUE TABRAUE ANTONIO (known travelled 1981, or MUNIO as the the leased Miami, beginning a "Playboy BOth Street, Miami, Florida. -53- from house of for Mansion"), ( ( 98. On or about February 6, 1981, defendants ANTONIO MUNIO and JOSE PEPE ACOSTA met with Maria Tabraue at her apartment in Coral Gables 1 Florida. 99. On or about February 6, 1981, defendants ANTONIO MUNIO an.d JOSE PEPE ACOSTA shot and killed Maria Tabraue at her apart- ment. On or about April, 28, 1981, defendant MARIO s. TABRAUE 100. arranged for $650 1 000 in United States currency to be deposited in an offshore bank. in Aruba, to the account of Damar a, Inc., N.V., an offshore corporation. 101 ~ In or about July, 1981, Jose imported approximately thirty thousand juana into the United States, vessels 102. received 11 Luis Acost.a and (30,000} at Key Largo, others pounds of mari- Florida, using the Happy Time" and nDos Hermanos". In from or about Jose July 1 Luis 1981, Acosta defendant approximately MARIO S. TABRAUE twenty thousand (20,000) pounds of marijuana. 103. others, In or imported about into September, 1981 1 the States United Jose Luis Acosta approximately thousand ( 15 1 000) pounds of marijuana, using the vessel 104. Between FAANC!SCO QUINTANA, July, 1981 a/k/a "PUPI 11 and 1 November 1 1981, and fifteen "Love~"~. defendant Juan Medina and Eduardo Macias arranged for the importation of fourteen thousand (14,000} pounds of marijuana into the United States 1 off Sugar Loaf Key, Florida, using the vessels "Windjammer", "Veness a" and "Little John". 105. In or about November, 1981, defendants MARIO s. TABRAUE and FRANCISCO QUINTANA, a/k/a "PUPI" met at FRANCISCO QUINTANA's -54- house, during thousand which (14,000) arrangements pounds of for the marijuana payment of defendant by fourteen MARIO S. TABRAUE were discussed. 106. In or about F'ebruary FRANCISCO QUINTANA, a/k/a imported into approximately the United twenty-two or ~pupr»,_Eduardo States thousand at 19S2, March, defendant Macias and Juan Medina Sugar Loaf (22, 000) Florida~ Key, pounds of marijuana using the vessel "C & R". In 107. or QUINTANA, a/k/ a Watern travel thousand about 11 to (25 1 000) June, 1982, the defendant, FRANCISCO PUPI", had Eduardo Macias and the vessel "Blue Barranquilla, Colombia to pounds of marijuana for twenty-five obtain importation into the United States, Between August and November, 108. TABRAUE distributed between seven {7) defendant MARIO S. 1982, and ten (10} kilogra..TO.s of cocaine to individuals known to the grand jury. 109. On or about the beginning of 1983, CICILIA was employed by defendant !'.ARlO store 1 Pets Unlimited, Inc. 1 located on s. defendant ORLANDO TABRAUE, 27th Avenue at his pet in Miami, Florida. 110. defendant In or about March, FRANCISCO QUINTANA, 19 83, a/k/a Eduardo Macias was hired by "PUPI" to off-load sixteen thousand (16{000) pounds of marijuana from a Mexican shrimp boat off the coast of the Yucatan Peninsula for importation into the United States. -55- ( Between 111. defendant MARIO in S. or about TABRAUE June, 1983 received and July, approximately 1983, the twenty (20) kilograms of cocaine. 112. Between in or about June, 1983 and July, defendant MARIO S. TABRAUE sold approximately twenty 1983, (20) the kilo- grams of cocaine to individuals known to the grand jury. 113. In or about July, JOE VULCANO, 1983, defendant JOSE LABRADA, was employed by defendant MARIO S. a/k/a TABAAUE at his pet store, Pets Unlimited, Inc., located on 27th Avenue in Miami, Florida. 114. TABRAUE In or about distributed the Summer quantities of of 1983, defendant cocaine to MARIO s. defendant LUIS VALDESUSO, a/k/a "FLACOv or JlRECITO". 115. In or about the Summer of 1983, TABRAUE sold between two {2} and three (3) defendant MARIO S. kilograms of cocaine to an individual known to the grand jury. 116. and James TABRAUE, collateral In or about the Summer of 1983, defendant ANTONIO MUNIO Ricky Brown, removed for at the jewelry payment of direction of defendant MARIO S. from an individual's two (2) to three (3) residence, as ltilograms of cocaine. 117. In or about August or September, 1983, defendant MARIO s. TABRAUE sold Raymond Van Nostrand a kilogram of cocaine for thirty-two thousand dollars llB. PORTUONDO TABRAUE 1 s In the and ($32,000). Summer of 1984, MARIO S. pet business, TABRAUE defendants JOSE LABRADA, met Pets Unlimited r -56- at defendant lnc. I JUAN MARIO S. d/b/a Zoological ( ( Imports Unli.tni.ted Imports}, (hereinafter located at 3075 S.W. referred to 39th Avenue, as Zoological in Miami, Florida, for the purpose of weighing and cutting cocaine. 119. Xn late 1984, defendant JOSE LABRADA, a/k/a JOE \nw.LCANOf distributed quantities of cocaine to an individual known to the grand j:ury at defendant S~ MARIO TABRAUE f s business, Zoological Imports. 120. In or about January, 1985, defendant MARIO S. pistol~ gave Jose Martinez, an employee of his, a .45 caliber 121. In or about April or May, 1985, TABRAUE several grocery bags full of money were delivered to defendant MARIO S. TABRAOE at his residence at 3940 Douglas Road, Miami, Florida. 122. 8~ Between January, TABRAUE ~as in 1985 and July, possession of 1985 1 defendant MARIO suitcases filled with large amounts of currency at his residence at 3940 Douglas Road 1 Miami 1 Florida. 123. In or about April, 1985, defendant, MARIO S~ TABRAUE, was in possession of approximately twenty (20) pounds of cocaine at his residence at 3940 Douglas Road, Miami, Florida. 124. S. Between .January, TABRAUE used four 1985 safes and July 1 located in 1985 1 his defendant MhRIO residence to store large amounts of cash. 125. Between January, 1985 and December, 1987, defendant MARIO S. TABRAUE was in possession of two machine guns 1 rifles, shotguns and other firearms at his Douglas Road, Miami, Florida. -57- residence located at 3940 \"' In or about March, 1985, defendant ORLANDO CICILIA met 126. with individuals, known to the grand the discussing purpose of jury, at his residence for distribution of cocaine in the Indianapolis area. 127. Between defendant in ORLANDO individuals or about CICILIA krJoWn to May, 1985 delivered grand the and September, quantities for jury 1 of 1986, cocaine distribution to in Indianapolis, on approximately ten separate occasions. 128. In or about November 1 1985, defendant ORLANDO CICILIA met with individuals 1 known to the grand jury 1 for the purpose of discussing the quality of cocaine being distributed. 129. ORLANDO Between April, CICILIA, 1985 and the Summer of 1986, defendant received kilogram quantities of cocaine from defendant MARIO S. TABRAUE and stored it in his residence at 3825 s.w. 132nd Avenue, Miami, Florida. 130. During the Spring and Summer of 1985, defendant ORLANDO CICILIA distributed quantities of cocaine to an individual known to the grand jury, for delivery to Cleveland, Ohio, on approxi- mately six separate occasions. 131. 1986, to Between in or about the beginning of 1985 and January, defendant 0RLA:£1i"DO CICILIA delivered quantities of cocaine individuals known to the grand jury, for distribution in Boston, Massachusettst on approximately eight separate occasions. 132. Between the Spring of 1985 and September, 1986, defen- dants ORLANDO CICILIA, MARIO S. TABRAUE, and others known to the grand jury, met at MARIO S. TABRAUE's residence located at 3940 -58- ( Douglas Road in Miami, Florida, for the purpose of weighing and distributing kilograms of cocaine. 133. In or distributed a a/k/a "FLAC0 134. 11 In about late 1985, defendant quantity of cocaine 11 or or MARIO S. TABRAUE to defendant LU!S VALDESUSO, RECITO"~ about late 1985, defendant PHILIP EPSTEIN returned a quantity of cocaine to defendant MARlO S,. TABRAUE a.t Zoological Imports. 135. Between April, 1986 and September, 1986 1 defendant ORLANDO CICILIA distributed quantities of cocaine to an individual known to the grand jury for delivery to Hawaii, on at least five separate occasions. 136. Between the Summer of 1986 and the Summer of 1987, defendant ORLANDO CICILIA stored kilogram quantities of cocaine at a warehouse located in l't1iami, Florida. Between 137. 1985 and August, 1986, Raymond Van Nostrand received quantities of cocaine from defendant JUAN PORTUONDO. 13B~ MARIO February, Between s. 1985 and August, 19B6, defendant TABRAUE employed Raymond Van Nostrand at his pet busi- ness, zoological Imports. 139. ORLANDO Between CICILI1\ quantities of February, and 1985 MARIO S. cocaine to and August, TABRAUE Raymond arranged Van 1986, for Nostrand defendants delivery on of numerous occasions at Zoological Imports. 140. defendant Between ORLANDO the Swnmer CICILlA of 1986 arranged and for quantities of cocaine to defendant JOAN -59- the summer delivery PORTUONDO~ of of 1987, Kilogram ( On or about February 14, 1986, at Dade County 1 Florida, 141. a meeting was held at the defendant MARIO S. TABRAUE'S business, Zoological Imports, in which the defendant MARIO S. TABRAUE discussed the sale of several thousand dollars worth of cocaine. On or about 142. vered one (1) February ounce of 20, cocaine 1986, Orlando CICILIA deli- to Jose Martinez at Zoological Imports. On March 10 1 1986, Orlando CICILIA delivered one ounce 143. of cocaine to Jose Martinez, at Zoological Imports. 144. On or about April 14, 1986, a meeting was held at Zoological Imports in Miami, Florida 1 in which defendant MARIO S. TABRAUE discussed the sale of one (1) pound of cocaine to Jose Martinez for $13,000. On or about May 7, 1986, Orlando C!CILIA met with Jose 145. Martinez one (1) at Zoological Imports, for the purpose of selling him pound of cocaine for $13t000. 146. On or about May 13, 1986, defendant MARIO S. met with Jose Martinez at Zoological Imports, discussing the sale of one ( 1) kilogram TABRAUE for the purpose of of cocaine to Jose met with Martinez for $26,000. 14 7. Orlando On or about CICILIA at July 22, Zoological discussing a cocaine deal, 1986, Jose Imports, Martinez for the purpose of and received a sample of cocaine from ORLANDO CICII.lA. 148. TAERAUE On or met about October 24, with Jose Martinez -60- 1986, at the defendant MARIO S. Zoological Imports, and discussed the sale of one (1} pound of cocaine to Jose Martinez for $13,000. 149. On or about October 24, 1986, defendant PHILIP EPSTEIN delivered one {1) pound of cocaine to defendant ORLANDO ClCILlA. 150. On or about October 24, 1986, Jose Martinez received one (l} pound of cocaine from Orlando CICILIA for $13,000. 151. On or about November 19, vered approximately two ( 2) 1986, Orlando CIC!LIA deli- ounces of cocaine to Jose Martinez for $2,200 at Zoological Imports. 15 2. On or about November 20, 1986 1 defendant MARIO S. TABRAUE had a meeting with James Ricky Brown for the purpose of discussing Brown's testimony before the grand jury. COUNT II RACKETEERING 1~ Each and every allegation contained in paragraphs 1 through 3, 5 and 6A through 6T of Count I of this indictment is incorporated in this Count by reference as if fully set forth herein. 2. 1976, From an unknown date, believed to be in the Summer of and continuing up to and including December 16 1 1987, in the Southern District of Florida, and elsewhere, the defendants 1 MARIO S. TABRAUE FRANCISCO QUINTANA, a/k/a 11 PUPI", JOSE LABRADA, a/k/a JOE VULCANO, and ORLZ..NDO CICILIA, and other persons known employed by and unknown to the grand and associated with the Enterprise, jury, being as more fully described in paragraphs 1 through 3 and 6A through 6T of Count I, ( knowingly and intentionally did conduct and participate, directly and indirectly r in the conduct o£ the affairs of the Enterprise through a pattern of racketeering activity. THE PATTERN OF RACKETEERING ACTIVITY 3. Title The 18, pattern United of racketeering States Code, activity, Sections as 1961{1) defined and by 1961(5) through which the defendants conducted and participated in the affairs of marijuana, a Title 21 1 with the Schedule I consisted controlled United States Code, intent Schedule Enterprise I to distribute controlled States Code, Sections the substance Sections and 952 and importation in and distribution substance, narcotic controlled substance, of: violation 963; of cocaine, a of of possession marijuana, a Schedule II in violation of Title 21, United 841(a)(l) and 846; travel in interstate commerce to facilitate a cocaine business, in violation of Title 18, United States Code, Section 1952(a) (3); murder, in violation of Florida Statute 777.04; accessory after the fact to murder, in violation of Florida Statutes Sections 777.03 and 775.082; and obstruction of justice, in violation of Title 18, United States Code, Sections 1503 the acts pattern of racketeering activity being those paragraphs 6A through and 6T 1512{b); of Count I of constituting said acts described this Indictment 1 in the allegations of which are incorporated in this Count by reference, as if fully set forth herein, All in violation of Title 18, United States Code, 1962(c), 1963 and 2. -62- Sections COUNT XIV THROUGH XIX On or about the dates listed below according to Count, in the Southern District of Florida, and elsewhere, the defendant, ORLANDO CICILIA, did knowingly and willfully travel and cause another to travel in interstate commerce as listed below, with intent to establish and carry on and facilitate the promotion, promote, establish- ment and carrying on of an unlawful activity, that is, a business enterprise involving the distribution of cocaine, in violation of Title 21, thereafter, United States Code, did knowingly and Section 841(a} (1} willfully perform, and 846, attempt and to perform and cause to be performed, acts to promote, establish and carry on and facilitate the promotion, establishment and carrying on of said unlawful activity: DATE ~ TRAVEL XIV May, 1985 Travel by Randy Chatfield from Miami, FL to Indianapolis, IN XV January 22, 1986 Travel by Randy Chatfield from Miami, FL to Boston, MA XVI June 5' 1986 Travel by Randy chatfield from Miami, FL to Honolulu 1 HI XVII July 24, 1986 Travel by Randy Chatfield from Miami, FL to Honolulu.r HI XVIII September 18, 1986 Travel by Randy Chatfield from Miami, FL to Honolulu 1 HI XIX September 26, 1986 Travel by Randy Chatfield from Miami, FL to Indianapolis, IN All in violation of Title 18, United States Code, Sections l952ia)(3) and 2. -69- ( COUNT III From an unknown date, believed to be in or about the Summer of 1976, and continuing up to at least December 16, 1987, in Dade County, in the Southern District of Florida, and elsewhere, the defendant, MARIO S. TABRAUE, did knowingly and intentionally engage in a continuing criminal enterprise; Title 21, United States Code, 960(a} (1) are in that he did knowingly and intentionally violate Sections 84l{a) (1}, 846, 952{a), and 963, as alleged in Count I, which racketeering acts realleged indictment, herein, and in Counts V through XIII counts are incorporated herein by which of this reference, which violations are part of a continuing series of violations of subchapters I and II of the Drug Abuse and Control Act of 1970 undertaken by the defendant, MARIO least five MARIO S. other persons with TABRAUE, occupied a S~ TABRAUE, in concert with at respect to whom the defendant, position of organizer, supervisor and manager and from which continuing series of violations the defendant MARIO S. TABRAUE, did obtain substantial income and resources. All in violation of Title 21, United States Code, Section 848. COUNT IV From an unknown date, believed to be in or about the Summer of 1976, County, and continuing up to at least March, in the Southern District of Florida, defendant, -63- 1983, in and elsewhere, Dade the ( FRANCISCO QUINTANA 1 a/k/a ''PUP!" 1 did knowingly and intentionally engage in a continuing criminal enterprise 1 Title 21, in that he did knowingly and intentionally violate United States Code, Sections 841 (a) (1), 846, 952 (a), 960(a) \1} and 963, as alleged in Count r, which racketeering acts are realleged herein, and in Counts V through VII of this indictment 1 which counts are violations are subchapters I part incorporated here.in by reference, of a continuing series of which violations of and II of the Drug Abuse and Control Act of 1970 undertaken by the defendant, FRANCISCO QUINTANA, a/k/a "PUPI" 1 in concert with at least five other persons with respect to whom the defendant, FRANCISCO QUINTANA, a/k/a "PUP! .. , occupied a position of organizer, series of supervisor and manager and from which continuing violations the defendant FRANCISCO QUINTANA, a/k/a "PUPl,, did obtain substantial income and resources. All in violation of Title 21 1 United States Code, Section 848. COUNT V From an unknown date 1 believed to be in or about the Summer of 1976, and continuing up to and including December 16, 1987 1 Dade County, in the Southern District of Florida, and elsewhere, the defendants, MARIO S. TABRAUE, GUILLERMO TABRAUE, SR., FRANCISCO QUINTANA, a/k/a "PUPI", JOSE LABRADA, a/k/a JOE VOLCANO, ORLANDO CICILIA, MIGUEL RAMIREZ, EDUARDO FERNANDEZ-CARDULI, CARLOS PAZOS-SANTANA, ANTONIO MUNIO, JOSE PEPE ACOSTA, -64- ( LUIS VALDESUSO, a/k/.e "FLAC0 11 a/k/a nRECITO", t JUAN PORTUONDO, and PHIL!P EPSTEIN, knowingly and intentionally did combine, conspire 1 confederate and agree with each other, and with persons known and unknown to the grand jury, to commit offenses against the United States, that is: to possess with intent to distribute and to distribute {a) quantities of marijuana, a Schedule I controlled substance, in violation of Title 21, United States Code, Section 841{a) (1); and (b) to possess with intent to distribute and to distribute quantities of cocaine and its salt, cocaine Schedule II narcotic controlled substance, hydrochloride 1 as in violation of Title 21, United States Code, Section 84l{a)(l). All in violation of Title 21, United States Code, Sections 846, as Octobe~ amended; November 10 1 1978, September 26, 1980, 12, 1984 and October 27, 1986. COUNT VI In or about March, 1983, at Dade County, in the Southern District of Florida, and elsewhere 1 the defendants 1 FRANCISCO QUINTANA, a/k/a "PUP!", and MARIO S. TABRAUE, together knowingly with persons known and and intentionally did unknown import to the grand jury, into the United States, from a place outside thereof, a quantity of marijuana, a Schedule I controlled substance. -65- ( All in violation of Title 21, United States Code, Sections 952 and 960, and Title 18, United states Code, Section 2. COUNT Vll In or about March 1 1983 1 at Dade County 1 els~where, District of Florida, and in the Southern the defendants, FRANCISCO QUINTANA, a/k/a "PUPI", and MARIO S. TABRAUE, together with others known and unknown to the grand jury, knowingly and intentionally did possess with intent to distribute a quantity of marijuana, a Schedule I controlled substance. All 84l(a) (1) in violation of Title 21, United States Code, Section and Title 18, United States Code, Section 2. COUNT VIII On or about February 20, 1986, at Dade County, in the Southern District of Florida, and elsewhere, the defendants, MARIO S. TABRAUE, and ORLANDO CICILIA, knowingly a.nd intentionally did distribute cocaine and its salt cocaine. hydrochloride,- a Schedule II narcotic controlled sub- stance. All 84l(a)U) in violation of Title 21,- United St-ate Code, and Title 18, United States Code, Section 2. -66- Section COUNT IX On or about March 10, 1986, at Dade County, in the southern District of Florida, and elsewhere, the defendants, MARIO 5, TABRAUE, and ORLANDO CICILill, knowingly and intentionally did distribute cocaine and its salt cocaine hydrochloride 1 a in violation of Schedule II narcotic controlled sub- stance~ All Title 21, United State Code, Section B41(a) (1) and Title 18, united States Code, Section 2. COUNT X On or about M.ay 7, 1986, at Dade County, in the Southern District of Florida, and elsewhere, the defendant, MARIO S, TABRAUE, and ORLANDO CICILill, knowingly and intentionally did distribute cocaine and its salt cocaine hydrochloride, a Schedule II narcotic controlled sub- stance. in violation of Title 21, United States Code, All Section 84l(a) 11) and Title 18, United States Code, Section 2. COUNT XI On or about September 26, 1986~ at Dade County, in the Southern District of Florida, the defendant, ORLAh~O CICILill, together with others known and unknown to the grand knowingly and intentionally distribute -67- cocaine and jury, its did salt ( cocaine hydrochloride, a Schedule !I narcotic controlled sub- stance~ All in violation of Title 21, United State Codef Section 841(a) (1) and Title 18, United States Code, Section 2. COUNT XII On or about October 24. t 1986 1 at Dade County 1 in the South- ern District of Florida, and elsewhere 1 the defendants, MARIO S • TABRAUE, ORLANDO CICILIA, and PHILIP EPSTEIN, knowingly and intentionally did distribute cocaine and its salt, cocaine hydrochloride, a Schedule II narcotic controlled sub- stance. All in violation of Title 21r United States Code, Section 84l(a) (1) and Title 18, united States Code, Section 2. COUNT XIII On o:r about November 19, 19"86, at Dade County, in the Southern District of Florida, and elsewhere, the defendants, MARI 0 S • TABRAUE , and ORLANDO CICILIA, together vith others known and unknown to the grand jury, knowingly and cocaine intentionally hydrochloride, did a distribute Schedule II cocaine narcotic and its controlled salt, sub- stance. All in violation of Title 21, United States Code, 841(a) (1) and Title 18, United States Code, Section 2. -68- section