Case Document 1 Filed 04/11/12 Page 1 of 17 PageID 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK - - - i .3 UNITED STATES OF AMERICA AFFIDAVIT IN SUPPORT OF REMOVAL TO THE NORTHERN DISTRICT OF OHIO -against? (Fed. R. Crim. P. JAMES R. KUTSUKOS, also known as ?James Koutsoukos,? DefendantEASTERN DISTRICT OF NEW YORK, SS: CHRISTOS ANTONIADES, being duly sworn, deposes and says that he is a Special Agent with the Federal Bureau of Investigation duly appointed according to law and acting as such. Upon information and belief, on or about April 3, 2012, a grand jury in the Northern District of Ohio returned an indictment against the defendant JAMES R. KUTSUKOS, also known as ?James Koutsoukos,? charging him with conspiracy to distribute marijuana, in violation of 21 U.S.C. ?'846, and attempted distribution of marijuana, in violation of 21 U.S.C. 841(a)(1) and On or about April 3, 2012, an arrest warrant was issued by the United States District Court for the Northern District of Ohio commanding the defendant's arrest on those' charges. The source of your deponent's information and the grounds for his belief are as follows: Ca?e 1:12-mj-00366-WP Document 1 Filed 04/11/12 Page 2 of 17 PageID 2 l. I have been a Special Agent with the FBI for 10 years. I am assigned to the New York Field Office. 2. On or about April 3, 2012, a grand jury in the Northern District of Ohio returned an indictment against the defendant JAMES R. KUTSUKOS charging him with conspiracy to distribute marijuana, in violation of 21 U.S.C. 846 and attempted distribution of marijuana, in violation of 21 U.S.C. B41(a}(1) and On or about April 3, 2012, an arrest warrant was issued by the United States District Court for the Northern District of Ohio, commanding the defendant?s arrest on those charges. A copy of the arrest warrant and indictment are attached hereto as Exhibit A. 3. On or about April 11, 2012, the defendant JAMES R. KUTSUKOS arrived at John F. Kennedy International Airport from Barcelona, Spain. The defendant was taken into custody by FBI special agents. 4. The defendant JAMES R. KUTSUKOS had in his possession a valid United States passport bearing his photograph, name, date of birth and place of birth. I had previously been provided a photograph of the defendant as well as certain pedigree information including the defendant's date of birth and place of birth by the FBI special agent in the Cleveland Field Office assigned to the criminal investigation against the defendant. The photograph and pedigree information on the United States passport that the defendant had in his possession match the information that I had received from the special agent in _Ca?e 1:12-mj-00366-WP Document 1 Filed 04/11/12 Page 3 of 17 PageID 3 Cleveland. The defendant also had a California Driver?s License bearing his photograph and name. Finally, when taken into FBI custody, the defendant stated that his name was JAMES R. KUTSUKOS. 5. It is the desire of the United States Attorney for the Northern District of Ohio that the defendant JAMES R. KUTSUKOS be removed to that district for prosecution. WHEREFORE, it is respectfully requested that the defendant JAMES R. KUTSUKOS, also known as ?James Koutsoukos," be removed to the Northern District of Ohio so that he may be dealt Special Agent FBI with according to law. Sworn to befo this 131-.hrda? of: 11.121312, UNITED STATES MAGISTRAT GE IKE HONORABLE VIKTOR V. EEHORELSKY EASTERN DISTRICT OF NEW ORK Probation Violation P?itlon Case Dec?urnent 1 Filed 04/11/12 Page 4 of 17 PageID 4 ."rl Cage: Doc til". 2 (Court oniy) Filod:_ O4ft33112 Soils. PagelD it: 18 - no 44: liter. um) Arreal Warrant UNITED STATES DISTRICT COURT for the Northern District of Ohio United States of America - James R. Kuiaukoa; James Koutaoukoe . Case No? 1 1 I: I i JUDGE BUYKU De?ne-bar I ARREST WARRANT To: Any eu?'rorized law enforcement of?cer ARE to arrest and bring before a United States miegimjudge without {m gm? 5! James R. Kuteulroe, aka James Re?ectance who is accused of an o?'enee or violation based on the following document ?led with the court: 0 Superseding Indictment CI lnfon'nation El Supervised Release Violation Petition 5' Indictment I3 Supemeding Information Complaint Violation Notice Cl Order of the Court This am is bric?y described as follows: 21 U.S.C. 848 - Gmaplracy to distribute marijuana 21 1.1.3.0. B41{e){1) and Attempted distribution of marijuana Date: 041032012 luring (micel- City and state: Cleveland. Ohio Magistrate Judge Kenneth Hot-lamp . Printed earn: our! little Return This war-rm: was received on (dew) . and the person was arrested on (date) at refer-redemch - Date: Arresting q?i?eer- '3 signature I Weren't-marl on! Me Case 1:12-mj-00366-WP' "Do'cume'n't- 1 Filed 04/11/12 Page 5 of 17 PagelD 5 case: 1:12-er-00169uCAB Doc?s: 2 (Court only) Fiied: 04:03:12 sore. PageiD ii: 19 no on {Rea rims: Warrant (Page a) This second page contains personal Identi?ers provided for law?enforcement use only and therefore should not be ?led In court with the executed warrant uuiess under seal. (Nor for Pubiie Disclosure] Name Jam? R. Known aliases; James Keatsoukos Last known residence: 53 Lafayette. Apt 6. San Francisco. CA {Until Marsh 25. 2012. afterwards unknown) Prior addresses to which dcfendantio??ender may still have ties: iWeed. LLC.. San Francisco. on; Risk Design and Development. LLC.. San Frandaoo. cs Last known employment: Last known memo?: numbers; 415-225-7831; 648-461-1118 Place of birth: Gaiifomia Date of birth: 987' Social Security number: 365-1 1?0251 Height: 5'3" weight: 150 the. Sex: "5'5 Race: Caucasian Hair: Brown Eyes: Brown . Scars. tattoos. other distinguishing marks: Histon of vioicnce, weapons. drug use: Known family. friends. and omer'associates (more. relation. mattress. phone number): FBI number: Compton: description of auto: investigative agency and address: LLS. Poem lumen Drama Ave_nue. and Floor. Giovelend..0hio 44101: FBI. 1501 Lakeside Avenue. Cleveland. Ohio 44114 Name and telephone numbers (of?ce and coil) of pretrial servioes or probation of?cer (swims: Date of lost contact with pretrial services or probation of?cer Case 1:12-mj-00366-WP Document 1 Filed 04/11/12 Page Got 17 PagelD 6 one: 930:: 1 Fiied; 04103112 -1 12. PagelD 1 a: IN THE SNITSD STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION cm EUDGE BOW Title 21, 346. United States Code UNITED STATES OF AMERICA, 3 I i 1 Title 21. 55 Edltaltll, 1 . 1 1 i Plaintiff, and [13) . JAMES R. KUTSUKDS. united States Code aka JAMES KOUTSOUKOS, ARMOND JOSEPH, Defendants. The Grand Jury charges: Between on or about January 1, 2011. end on or about April 1, 2012, in the northern District of Ohio, Eantern Division..and elsewhere, JAMES R. KUTSUKDS, aka JAMES KOUTSOUKOS, and JOSEPH, the defendants herein, did unlawfully, knowingly, and intentionally combine, conspire, confederate, and agree together Case 1:12-mj-00366-WP Documentl'l - Filed 04/11/12 Page 7 bf.17 PageID 7 a Case: Dot s: 1 Fiied: 04!63f12 2:351:31. 'PageiD#:2 i '3 2 and with each other, and diverse others known and unknown to the Grand Jury, to possess with intent to distribute and to distribute marijuana, a Schedule I controlled substance, in violation of Title 21, united States Code, Sections Bellaltl} and MANNER gm QE IKE It was the manner and means of the conspiracy that obtained high grade marijuana from growers or other suppliers in California. KUTSUKOS, JOSEPH, and others recruited by including B.M. and B.H.,individuals known to the Grand Jury, but not defendants herein, would then mail or ship quantities of marijuana via the United States Postal Service, commercial carrier, or freight service to customers, including E.K., an individual known to the Grand Jury, but not a de?endant herein, in the Northern District of Ohio, Eastern Division, and elsewhere, including New York, New Jersey, Maine, Michigan, and California. The customers would then send payment hack via the United States Postal Service or commercial carrier. In order to disguise the nature of the mailings and their identities, the conspirators commonly used false names as recipients of-the packages and false return address information. ?Case 1:12-mj-00366-WP Document 1 Filed 04/11/12 "Page-8 of'17 PageID 8 Caee:1:12-cr-00169-CAB Doc Filed: weenie of 12'. Pagei-D 3 3 In furtherance thereof, and to effect the goals and conceal the existence of the conspiracy, the defendants and others performed overt acts including but not limited to the following: 1. On- or about April 14, - 2011, KUTSUKOS and crosses mailed or caused to he mailed a package weighing approximately seven pounds, four ounces, from San Francisco, California, via United States Postal Service Express Mail to E.K. in Cleveland, Ohio, that contained marijuana. - 2. On or abcut May 9, 2011, KUTSUEOS and JOSEPH mailed or caused to be mailed two packages weighing approximately 13 pounds, four ounces} and two pounds, five ounces, respectively, from San Francisco, Oalifornia, via United States Postal Service EXpress Mail to E.K. in Cleveland, Ohio, that contained marijuana. 3. On or about June 6, 2011, E.K. mailed from Cleveland, Ohio, via United States Postal Service Express Mail to menace in San Francisco, Calitornia, a parcel containing proceeds from the sale of marijuana provided by KUTSUKOS and JOSEPH. 4. On or about June 20, 2011, E.K. mailed from Cleveland, Ohio, via United States Postal Service Express Mail to KOTSOKOS in San Francisco,_california, a parcel containing proceeds from the sale or marijuana provided by KUTSUKOS and JOSEPH. Case 1:12-mj-00366-WP Document 1 Filed 04/11/12 Page 9 ofI;-17 PageID'#: 9 Case: Doc Filed: as 12. Page-ED a 4, 5. 'on or about July 11, 2011, s.x. mailed from Cleveland, Ohio, via United States Postal Service Express Mail in San Francisco, California, a parcel containing proceeds from the sale of marijuana provided by KUTSUKOS 6. On or about July 13, 2011, KUTSUKOS and JOSEPH mailed or caused to be mailed a package weighing approximately six pounds, four ounces, from San Francisco, California, via united States Postal Service Express Mail to E.K. in Cleveland, Ohio, that contained marijuana. 7. On or about July 13, 2011, E.K. mailed from Cleveland, Ohio, via United States Postal Service Express Mail to KUTSUKOS in San Francisco, California, $1?,400 in U.S. currency, which were proceeds from the sale of marijuana provided by KUTSUKOS and JOSEPH, B. On or about July 19, 2011, KUTSUKDS and JOSEPH mailed or caused to be mailed a package weighing approximately seven pounds, eight ounces, from San Francisco, California, via United States Postal Service Express Mail to E.K, in Cleveland, Ohio, that contained marijuana. I 9. On or about July 29, 20:1, KUTSUKOS and JOSEPH mailed or caused to be mailed two packages weighing approximately two pounds, 15 ounces, and two pounds, nine ounces, respectively, from San Francisco, California, via United States Postal Service that contained Express Mail to E.K, in Cleveland, Ohio, marijuana. "u case Document 1 Filed 04/11/12} Page 10 of 17 PagelD 10 Case: 04103112 '5 @112. Pages a 10. On or about August 1, 2011, sac. mailed em Cleveland, Ohio, via United States Postal Service Express mail in San Francisco, California, a-parcel containing proceeds from the sale of marijuana provided by KUTSUKDS and JOSEPH. 11. On or about August 4, 2011, KUTSUKOS and JOSEPH mailed or caused to be mailed a package weighing approximately four pounds, 13 ounces, from San Francisco, California, via United States Postal Service Express Mail to 3.x. in Cleveland, Ohio, that contained marijuana. - 12. On or about August 8, 2011, E.K. mailed from Cleveland, Ohio, via United States Postal Service Express mail to KUTSUKOS in San Francisco, California, a parcel containing proceeds from the sale of marijuana provided by KSTSUKOS and JOSEPH. 13. On or about august 10, 2011, KUTSUKOS and JOSEPH mailed or caused to be mailed a package weighing approximately eight pounds, nine ounces, from San Francisco, California, via united States Postal Service Express Mail to E.K. in Cleveland, Ohio, that contained marijuana. 14. On or about August 22, 2011, KUTSUKDS and JOSEPH mailed or caused to be mailed a package weighing approximately four pounds, 12 ounces, from San Francisco, California, via United States Postal Service Express Mail to 3.x. in Cleveland, Ohio. that contained marijuana. Case Do-cu'merit'1 Filed 04/11/12 Page 11 of-17 Pag?lD 11 Doc a: 1 Filed: 043031125.ch 12. Page10#:6 15. On or about August 23, 2011, E.K. mailed from Cleveland, Ohio, via United States Postal Service Express Mail to KUTSUKOS in San Francisco, california, a parcel containing proceeds from the sale of marijuana provided.by KUTSUKOS and JOSEPH. 16. On or about August 24, 2011, KUTSUKOS and Joanna mailed or caused to be mailed a package weighing approximately six pounds, four ounces, from San Francisco, California, via United States Postal Service Express Mail to E.K. in Cleveland, bhio, .that contained marijuana. 17. On or about August 29, 2011, E.K. mailed from Cleveland, Ohio, via united States Postal Service Express Mail to KUTSUKOS in San Francisco, California, $20,600 in U.S. currency, which were proceeds from the sale of marijuana provided by menace and JOSEPH. 18. On or about September 1, 2011, KUTSUKDS and JOSEPH mailed or caused to be mailed a package weighing approximately two pounds, four ounces, from San Francisco, California, via United States Postal Sersice Express Mail to E.K. in Cleveland, Ohio, that contained marijuana. 19. On or about September 9, 2011, KUTSUKOS and JOSEPH mailed or caused to be mailed a package weighing approximately two pounds, one ounce, from San Francisco, California, via United States Postal Service Express'Mail to in Cleveland, Ohio, that contained marijuana. Case - Documentl Filed 04/11/12 Page ?12 of 17 PageID 12 Case: lzlz-or-S?ldQ-CAB LDoc s: 1 Filed: 04f08I12 of 12, PagelD .7 20. on or about September 13, 2011, macros and crosses mailed or caused to be mailed a package weighing approximately two pounds, five ounces,-from San Francisco, California, via United States Postal Service Express Mail to E.K. in Cleveland, Ohio, that contained marijuana. 21. On orabout September 13,, 2011, mailed from Cleveland. Ohio, via United States Postal Service Express Mail to KUTSUKOS in San Francisco, California, three parcels containing $2,300 total in U.S. currency, which were proceeds from the sale of marijuana provided by KUTSUKOS and JOSEPH.I 22. On or about September 16, 2011, E.K. mailed from Cleveland, Ohio, via United States Postal Service Express Mail to KUTSUKOS in San Francisco, California, two parcels containing proceeds from the sale of marijuana provided by KUTSUKOS and JOSEPH. 23. On or about October 13, 2011, KUTSUKOS and JOSEPH mailed or caused to be mailed from San Francisco, California, via united States Postal Service Express Hail to E.K, in Cleveland, Ohio, approximately two pounds of marijuana. 24. On or about November 1, 2011, JOSEPH mailed or caused to be mailed from San Francisco, California, via United States Postal Service Express Mail a package weighing approximately two pounds, three ounces,_to an address on Rocky River Drive in Cleveland, Ohio, and a package weighing approximately two pounds, three ounces, to an address in Kent, Ohio, both of which Case 1:12-mj-00366-WP Document 1 Filed 04/11/12 Page 13 of 17 PageID 13 1 Case: l:h12-cr-00169-CAB Doc 1 Filed: . 041393512 3 of 12-. PageiD #1 8 contained marijuana. 25. On or about November lr 2011, at the direction of KUTSUKOS, E.K. mailed approximately $3,500 in Postal money orders from Cleveland, Ohio, to JOSEPH in San Francisco, California; that were represented to be proceeds from the sale of marijuana that had been provided by KUTEUKOS and JOSEPH. This package was later returned as undeliverable. I 26. On or about Rovember B, 2011, during a telephone conversation with E.K., KUTSUKOS advised E.K. to lie to ?hited States Postal Inspectors about the source and purpose of cash that E.K. had mailed to KUTSUKOS. which had been seized by Postal Inspectors, in order to conceal from the Postal Inspectors that the cash was proceeds from marijuana trafficking. KUTSUKOS specifically told E.K. to tell any Postal Inspectors who interviewed him that the cash.was money he had collected for charity. 27. During the same telephone conversation with E.K. on November 8, 2011, referenced in Overt Act suggested to E.K. that he could provide him with larger amounts of marijuana. up to 50 pounds at a time, via a private freight service instead of the united States Postal Service, if E.K. knew of any buyers for such larger amounts. KUTSUKOS suggested this as a way for E.K. to pay off a debt E.K. owed to KUTSUKOS for marijuana KUTSUKDS had provided. 28. During the same telephone conversation with E.K. on Case Document 1 H'File'd 04/11/12: Page-'14 of 1'7_ PagelD #314 Dot e: 1 Filed: nemesis of 12. Pagel?#: 9 . November 3, 2011. referenced in Overt Acts 25 and 27, memos proposed to E.K. that he had a guy in Chambersburg, who could go ?crazy? on one of E.K.'s customers, after E.K. told KUTSUKOE that the customer owed him money for marijuana. - 29. On or about November 8, 2011, at the direction of KUTSUKOS, E.K.-mailed approximately $3,500 in Postal money orders from Cleveland, Ohio, to JOSEPH in San Francisco, California, that were represented to he proceeds from the sale of marijuana that had been provided by KUTSUKOS and JOSEPH. 30. On or about November 12, 2011, JOSEPH received and signed for the package containing $3,500 in postal money orders that E.K. had mailed at the direction of KUTSUKOS as payment for marijuana provided by KUTSUKOS, and that were represented to he proceeds from the sale of marijuana. 31. on or about November 16, 2011, xvrsoxos mailed from San Francisco, California, via United States Postal Service Express Mail to E.K. in Cleveland, Ohio, approximately one pound, 12 ounces of marijuana. 32. On or about November 13, 2011, KUTSUKOS mailed or caused to be mailed a package weighing approximately six pounds, 12 ounces, from San Francisco, California, via-united States Postal Service Express Mail to an address on Rocky River Drive in Cleveland, Ohio, that contained marijuana. 33. On or about November 23, 2011, at the direction of KUTSUKOS, E.K. mailed $7,000 in Postal money orders from I Case 1:12-mj-00366-WP Docur??rit-ii Filed PagelD 15 Case: so: a: Fiied: 10 of 1.2. PageID 10 -10 Cleveland, Ohio, to KUTSUKOS in San Francisco, California, that were represented to he proceeds from the sale of marijuana that had been provided by KUTSUKOS. 34. so or about December a, 2011, KUTSUKOS caused to be mailed from San Francisco, California, via United States Postal Service Express Mail to an address on Rocky River Drive in Cleveland, Ohio, approximately three pounds, 4.3 ounces of marijuana. 35. On or about February 11, 2012, B.H., at the direction of KUTSUKOS, mailed from-San Francisco, California,-via United States ecstal Service Express Mail to 3.x. in Cleveland, Ohio, approximately two pounds, 5.8 ounces of marijuana. 36. On or about February 13, 2012, at the direction of KUTSUKOS, E.K. mailed $6,000 in Postal money orders from Cleveland, Ohio, to KUTSUKDS in San Francisco, California, that were represented to he proceeds from the sale of marijuana that had been provided by KUTSUKDS. A11 in.vio1ation of Title 21, United States Code, Section 346. The Grand Jury further charges: - On or about October 13, 2011, in the Northern District of Ohio, Eastern Division, and elsewhere, JAMES R. KUTSUKOS, aka James Koorsocxos, and ARMOND did knowingly and 'intentionally attempt to distribute approximately two pounds of Case 1.512-mje00366-WP Document 1" Filed 04/11/12 Page 16 0f 17 ?PageID 16 . 1102112. Pagel? 11. 1i marijuana, a Schedule I_controlled substance, in violation of Title 21, United States Code,_Sections 846 and and (1) (D). The Grand Jury further charges: Dn.or about November 16, 2011, in the Northern District of Ohio, Eastern Division, and elsewhere, JAMES R. KUTSUKOS, aka JAMES KDUTSOUKOS, did knowingly and intentionally attempt to distribute approximately one pound, 12 ounces of marijuana, a Schedule I controlled substance, in violation of Title 21, United States Code, Sections 846 and Bdlta}{1) and ms The Grand Jury further charges: On or about December S, 2011, in the Northern District of Ohio, Eastern Division, and elsewhere, JAMES R. KUTSUKOS, aka did knowingly and intentionally attempt to distribute approximately three pounds, 4.8 ounces of marijuana, a Schedule I controlled substance, in violation of Title 21, united States Code, Sections 846 and 641{a]{1) and some -The Grand Jury further charges: an or_about February?11, 2012, in the Northern District of Ohio, Eastern Division, and elsewhere, JAMES R. KUTSUKOS, aka JAMES EDUTSOUKOS, did knowingly and intentionally attempt to distribute approximately two pounds, 5.6 ounces of marijuana, a Case 1:12-mj-00366-WP. Document if Filed "04/11/12 Page-17 of 17 P-agelD 17 Dot Fiie'd: 04,103,112112 of 12, PageJDdi 12 12 Schedule I controlled substance, in violation of Title 21, United States Code. Sections 846 and 84lia)(1) and RFEITUR -U.S.C 3 The Grand Jury further charges: 1. The allegations-contained in Counts 1 through 5. inclusive. of this Indictment are hereby realleged and incorporated herein by reference for the purpose of alleging forfeiture pursuant to 21 U.S.C. 853(a). 2. As a result of the offenses alleged in Counts 1 through ?a 5, inclusive, of this Indictment, JAMES R. KUTSUROS, aka JAMES KOUTSOUKOS, and ARMOND the defendants herein. shall- forfeit to the united States, pursuant to 21 use. 5 353(a}. any and all property constituting, or derived from, any proceeds they obtained, directly or indirectly, as the result of the violations charged in Counts 1-5; and, any and all of their property used or intended to be used, in any_manner or part, to commit or to facilitate the commission of the yiolations charged in Counts 1-5. A TRUE BILL. Original document -- Signatures on file with the Clerk of Courts pursuant to the E-Government Act of 2002. -