11) Crin?asanaaiA-mj-OOlOB-AC Document 1 ?Filed 05/09/14 ag 1 TATES DISTRICT COR - - - r. a for the MAY 8 2014 Eastern District of California 7 CLERK. U.S. DISTRICT CO ET EASTERN DISTRICT OF CALI OHNIA United States of America av oevurv CLERK v. Case No. PEDRO CARBAJALaka Pedro Carbajal, Jr., aka Pedro Carbajal-Osorio, Defendant(s) CRIMINAL COMPLAINT I, the complainant in this case, state that the following is true to the best of my knowledge and belief. On or about the date(s) of May 8, 2014 in the county of Tehama in the _J3astern 47 District of California the defendant(s) violated: Code Section Offense Description 18 U.S.C. 922(g)(5) Illegal Alien in Possession of a Firearm l8 U.S.C. 922(g)(5) Illegal Alien in Possession of Ammunition This criminal complaint is based on these facts: (see attachment) Continued on the attached sheet. 6r . . U. . Complainant Signature Eugene Kizenko Special Agent, Department of Homeland Security, Homeland Security Investigations Printed name and title Sworn to before me and signed in my presence. Date: May 8, 2014 Judge 's signature City and state: Sacramento, California Allison Claire, U.S. Magistrate Judge Printed name and title Case 2:14-mj-00106-AC Document 1 Filed 05/09/14 Page 2 of 10 AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT AND ARREST WARRANT I, EUGENE KIZENKO, being ?rst duly sworn, depose and state as follows: Introduction and Agent Background 1. I am a Special Agent (SA) with the United States Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI), presently assigned to the Office of the Assistant Special Agent in Charge, Sacramento, CA. I have been employed as a Special Agent for more than 10 years. I was previously employed with the United States Immigration and Naturalization Service (INS) as Special Agent for more than 10 years. My duties as an HSI Special Agent include the investigation of criminal violations including those pertaining to federal ?rearms offenses and the traf?cking of persons. I have investigated and participated in investigations pertaining to ?rearrns violations. I have gained knowledge and experience about these various offenses through my direct and indirect participation in these investigations, through formal and informal training, and speaking withother law enforcement of?cers. 2. This af?davit is submitted in support of a Criminal Complaint and Arrest Warrant for PEDRO CARBAJAL, aka Pedro Carbajal, Jr., aka Pedro Carbajal-Osorio for the offenses of Illegal Alien in Possession of a Firearm and Illegal Alien in Possession of Ammunition, both in violation of Title 18, United States Code, Section 922(g)(5). 3. The information contained in this af?davit is based in part on my own investigation, and is also based on the investigation of other federal agents and information related to me by others personally or in written reports. Because this af?davit is submitted for the limited purpose of establishing probable cause in support of a criminal complaint and arrest warrant, I have set forth only the facts that I believe are necessary to establish probable cause for the complaint and arrest. Where statements of others are set forth in this af?davit, they are set forth in substance and in part. Aff. ISO Criminal Compl. Arrest Warrant for Pedro 1 Carbajal til-BWN Case 2:14-mj-00106-AC Document 1 Filed 05/09/14 Page 3 of 10 Statutory Authority 4. Under Title 18, United States Code, Section 922(g)(5), it is a crime for an alien who is illegally or unlawfully in the United States to knowingly possess a ?rearm or ammunition, provided that ?rearm or ammunition has been shipped or transported in interstate or foreign commerce. Summary of Probable Cause for Complaint and Arrest 5. On May 8, 2014, a federal search warrant was executed at the residence where CARBAJAL lives with his wife and two children, located at 617 Mariposa Avenue in Gerber, California 96305 I and other federal agents participated in the execution of the search warrant. The search warrant was related to an investigation of individuals including CARBAJ AL, in regards to federal offenses including 18 U.S.C. 1589 (Forced Labor Traf?cking); 18 U.S.C. 1590 (Traf?cking with Respect to Peonage, Slavery, Involuntary Servitude, or Forced Labor); and 18 U.S.C. 1351 (Fraud in Foreign Labor Contracting). During the course of the investigation of those charges, I and other law enforcement agents interviewed workers who reported being exploited by a forestry company called Pure Forest, LLC, for whom CARBAJAL acts as a foreman. In regards to CARBAJ AL, workers who were supervised or managed by CARBAJAL reported to law enforcement that CARBAJAL and another foreman named Arturo Carbajal, carried ?rearms and threatened to shoot workers in the head and leave them in the woods if they did not work harder. Multiple workers heard these threats and said they were directed at the workers who were not working hard enough. The workers further alleged that sometimes at the campsite, CARBAJ AL would start shootinga ?rearm without warning or explanation; the workers interpreted this as an act of intimidation, which frightened them. 6. During execution of the search warrant at the SUBJECT PREMISES, agents found one shotgun and one box of ammunition, both of which are described in further detail below, in the closet of the master bedroom of the SUBJECT PREMISES. 7. CARBAJAL was not at the SUBJECT PREMISES during execution of the search warrant on May 8, 2014. However, during execution of the search warrant at the SUBJECT Aff. ISO Criminal Compl. Arrest Warrant for Pedro 2 Carbajal AUCase Document 1 Filed 05/09/14 Page 4 of 10 PREMISES, agents encountered Ana Ortega who is wife. After being provided with, and waiving, her Miranda rights both orally and in writing, ORTEGA told agents that the shotgun had been given to CARBAJAL by either Jeff Wadsworth or Owen Wadsworth, who have been determined during the investigation described above to be, during the relevant period, owners and/or operators of Pure Forest, LLC, that the shotgun belonged to CARBAJAL, and that CARBAJAL maintained control over the shotgun. 8. Firearm The following is a description of the ?rearm found at the SUBJECT PREMISES: a New England Firearms Company, single barrel, 12-guage shotgun with a black barrel and wood stock, and with serial number NF280417A. 9. Ammunition The following is a description of the ammunition found at the SUBJECT PREMISES: one unopened box (100 count) of CCI brand, .22 caliber ?mini mag 22 LR copper-point, 36 grain ammunition. 10. Interstate Nexus On May 8, 2014, Special Agent Erik Crowder of the Bureau of Alcohol, Tobacco, Firearms and Explosives was provided with a verbal description of the shotgun and ammunition including the information make, model, caliber, serial number) stated above. In turn, on May 8, 2014, Special Agent Crowder spoke to ATF Special Agent Daniel Yun, who has acquired knowledge and experience as to ?rearms and ammunition and the interstate nexus of ?rearms and ammunition, due to investigations, research, records, familiarity, conferring with other experts, training, teaching, and certi?cations. Special Agent Yun has prepared reports and of?cial correspondence relating to the identi?cation, origin, and classi?cation of ?rearms and ammunition under the provisions of the Federal ?rearms laws. Special Agent Yun stated to Special Agent Crowder that based upon the written description provided, both the shotgun and ammunition had to travel in and effect interstate commerce to arrive in the state of California. 1 1. Alienage I also directed that a review of immigration databases and records related to CARBAJAL be conducted. The immigration database indicates that CARBAJAL has no lawful immigration status to be in the United States. Moreover, a Form Record of Deportable/Inadmissible Alien, dated March 13, 2008, reflects that CARBAJAL indicated his Aff. ISO Criminal Comp]. Arrest Warrant for Pedro 3 Carbajal Case 2:14-mj-00106-AC Document 1 Filed 05/09/14 Page 5 of 10 country of citizenship is Mexico, that his parents? nationality is Mexican, and he was granted voluntary return to Mexico on or about March 13, 2008. Accordingly, CARBAJAL is an alien who has no lawful immigration status to be in the United States. 12. Based on the foregoing facts, I believe that there is sufficient probable cause in support of a criminal complaint and arrest warrant for PEDRO CARBAJAL for violations of Title 18, United States Code, Section 922(g)(5), Illegal Alien in Possession of a Firearm, and Illegal Alien in Possession of Ammunition. I therefore respectfully request that a Criminal Complaint and Arrest Warrant be issued for the defendant and violation described above. 13. Because this investigation is continuing and CARBAJAL has not been made aware of this potential arrest on firearms/ammunition offenses, disclosure of the criminal complaint, arrest warrant, and this affidavit will jeopardize the progress of the investigation. Accordingly, I request that the Court issue an order that the criminal complaint, arrest warrant, and this af?davit in support of the application for the criminal complaint and arrest warrant be filed under seal until further order of this Court or until the arrest of PEDRO CARBAJAL. I declare under the penalty of perjury under the laws of the United States that the foregoing is true and correct to the best of my knowledge and belief. Eugehe Kizenko Special Agent Homeland Security Investigations Immigration and Customs Enforcement l