I Page 1 of 6 CRIMINAL COURT OF THE CITY OF NEW YORK COUNTY OF NEW YORK THE PEOPLE OF THE STATE OF NEW YORK FELONY ?against? 1. Fernando Quiles (M 47), ADA James Hauley 2. JOl?ge Ayala (M Defendants. Investigator Joseph Cruz, Shield 437 of the Nassau County District Attorney's Of?ce, states as follows: The defendants are charged wit/a: Criminal Possession of a Controlled Substance in the First Degree (defendant 1 count) (defendant 1 count) Conspiracy in the Second Degree (defendant 1 count) (defendant 1 count) Criminal Possession of a Controlled Substance in the Third Degree (defendant 1 count) (defendant 1 count) Criminally Using Drug Paraphernalia in the Second Degree (defendant 1 count) (defendant 1 count) Criminally Using Drug Paraphernalia in the Second Degree (defendant 1 count) (defendant 1 count) 1 PL 220.21(1) 2 PL 105.15 3 PL 220.16(1) 4 PL 220.50(2) 5 PL 220.50(3) At the times and places described below in the County and State of New York and elsewhere, the defendants knowingly and unlawfully possessed a substance containing a narcotic drug and said preparations, compounds, mixtures and substances are of an aggregate weight of eight ounces or more; the defendants, with intent that conduct constituting a class A felony be performed, agreed with one or more persons to engage in and cause the performance of such conduct; the defendants knowingly and unlawfully possessed a narcotic drug with intent to sell it; the defendants knowingly possessed and sold gelatin capsules, glassine envelopes, vials, capsules, and another material suitable for the packaging of individual quantities of narcotic drugs and stimulants under circumstances Page 2 of 6 CRIMINAL COURT OF THE CITY OF NEW YORK COUNTY OF NEW YORK THE PEOPLE OF THE STATE OF NEW YORK FELONY ?against? 1. Fernando Quiles (M 47), ADA James Hanley 2. Jorge Ayala (M 33), 212?815-0173 Defendants. evincing an intent to use, and under circumstances evincing knowledge that some person intended to use, the same for the purpose of unlawfully manufacturing, packaging and dispensing of a narcotic drug and stimulant; the defendants knowingly possessed and sold scales and balances used and designed for the purpose of weighing and measuring controlled substances, under circumstances evincing an intent to use, and under cireumstances evincing knowledge that some person intended to use, the same for the purpose of unlawfully manufacturing, packaging and dispensing of a narcotic drug and stimulant. T/aefacz?ua/ barz'rfor t/aere Marge: are mfol/ozw: I am informed by Special Agent Chad Assenmacher, Drug Enforcement Administration (DEA), that he is currently assigned to the New York Field Division, which is charged with investigating and interdicting narcotics and other contraband that is transported into the United States and investigating money laundering offenses in the greater New York City area. I am further informed that Special Agent Assenmacher has been employed by the DEA for more than fifteen years. Overall, he has participated in more than 200 arrests that involved drug trafficking or money laundering, that he has received training in the investigation of narcotics and money laundering crimes, including, but not limited to, the packaging of narcotics and money, the paraphernalia used to package narcotics and money for distribution, and the methods of operation of narcotics traf?ckers and money launderers. Special Agent Assenmacher has participated in the investigation and prosecution of complex narcotics and money laundering enterprises. Since joining the DEA, he has worked on more than 20 investigations of major narcotics and money laundering organizations including more than 10 investigations involving electronic surveillance. As a result of this training and experience, he has become familiar with the methods of operation of narcotics traffickers, including, but not limited to, the methods of importing, packaging, transferring and distributing narcotics; the various methods of packaging, delivering, transferring and expatriating narcotics proceeds, and the different methods of communication, including but not limited to, the frequent use of cellular telephones, the use of multiple cellphones, the frequent changing of cellphones, the use of coded and language, and other methods of avoiding detection by law enforcement. My knowledge of the following facts and circumstances is based on my personal knowledge and on information from sources described below. Those sources include my Page 3 of 6 CRIMINAL COURT OF THE CITY OF NEW YORK COUNTY OF NEW YORK THE PEOPLE OF THE STATE OF NEW YORK FELONY ?against? 1. Fernando Quiles (M 47), ADA James Hanley 2. Jorge Ayala (M 33), 212?815-0173 Defendants. conversations with Special Agent Assenmacher and other members of the investigative team, a review of reports and records made and or kept by other members of DEA and the Office of the Special Narcotics Prosecutor (SNP) as well as other law enforcement agencies specified herein, my conversations with those individuals, and my review of records obtained from other organizations, such as telephonse companies, the Department of Motor Vehicles. In addition, Special Agent Assenmacher has reviewed written synopses and transcripts of communications intercepted pursuant to eavesdropping warrants issued by Justice Ellen Biben and Justice Michael R. Sonberg, both Justices of the Supreme Court, New York County, as well by Justices of the Appellate Division, Second Department, which authorized the interception of the naroctics?related communications of the defendants over their cellular telephones. Those snyopses and transcripts were prepared by individuals who are fluent in Spanish. Special Agent Assenmacher and members of the investigative then reviewed their translations of those conversations. The summaries of intercepted conversations which appear below are based on the above?described synopses and transcripts, on my training and experience, and on the context of the intercepted communications. My conclusions about the identities of the individuals whose conversations were intercepted pursuant to various eavesdropping warrants are based on the substance of information, conversations in which they identi?ed themselves via name, surveillance conducted by law enforcement, and records and cellular telephones recovered from the defendants during their arrest. During the period of on or about May 13, 2016 through on or about August 23, 2016, in New York County and elsewhere, the defendants were involved in a conspiracy to possess and sell narcotics in excess of eight (8) ounces. During the investigation, members of DEA and SNP have conducted physical surveillance of both defendants, including in New York County. In furtherance of the conspiracy, the defendants committed the following overt acts: 1) On July 8, 2016, AYALA had a telephone conversation with a narcotics associate, during which AYALA stated in substance, that he was waiting for "that" I Page 4 of 6 CRIMINAL COURT OF THE CITY OF NEW YORK COUNTY OF NEW YORK THE PEOPLE OF THE STATE OF NEW YORK FELONY ?against? 1. Fernando Quiles (M 47), ADA James Hanley 2. Jorge Ayala (M 33), 212815?0173 Defendants. and that he was "waiting because that house," and that when "that" was received, "there will be two people in that house who will be watching over that and whenever something is needed would] go there.? Based on Special Agent Assenmacher's training and experience, he understands that narcotics traffickers use vague and/ or nondescript words and or code words, and that in this conversation, he believes that AYALA discussed the use of a stash house to store narcotics, which he referred to as "that," and that AYALA would be invovled in the distribution of the narcotics. 2) On August 13, 2016, FERNANDO QUILES and JORGE AYALA had a telephone conversation, during which QUILES stated that in substance, that he needed a place to park a "trailer for at least one day.? 3) On August 14, 2016, QUILES and AYALA had a telephone conversation, during which QUILES stated in substance, that he needed AYALA to find a location to park a tractor-trailer because "it is not wise to take stuff directly.? Based on Special Agent Assenmacher's training and experience, he understands that narcotics traffickers use vague and/ or nondescript words and/or code words to disguise their conversations, and in this conversation, "stuff" was a reference to narcotics being stored inside a trailer. 4) On August 18, 2016, QUILES called a narcotics associate, and stated in substance, that they were ready to start working and that he was in New York City. Based on Special Agent Assenmacher?s training and experience, he understood "working" to be a reference to possessing and processing narcotics. QUILES was present in New York City at the time of the conversation. 5) During the period between August 18, 2016 through August 22, 2016, QUILES and AYALA had numerous telephone conversations during which they discussed the expected arrival of a tractor-trailer. During most of the conversations, QUILES was located in New York City. 6) On August 20, 2016, QUILES called a narcotics associate. During the conversation, QUILES stated in substance, that he was "waiting for the thing? and that it would arrive on Monday, and he would "take it out on Tuesday and take it to its I Page 5 of 6 CRIMINAL COURT OF THE CITY OF NEW YORK COUNTY OF NEW YORK THE PEOPLE OF THE STATE OF NEW YORK FELONY against 1. Fernando Quiles (M 47), ADA James Hanley 2. Jorge Ayala (M 33), 212?815?0173 Defendants. destination . . . in case it has a tail somewhere." QUILES was in New York City during the telephone conversation. 7) On August 21, 2016, QUILES had a telephone conversation with a narcotics associate, during which QUILES stated in substance that "everything is secure," and that the "stuff is going for 5?6, 5?7 around here." QUILES stated that he he had a "house around there," and it was empty. Based on Special Agent Assenmacher's experience, he believes that QUILES stated that the trailer containing the narcotics was secured, and that the narcotics inside the trailer were being sold at a price of or around here, which was a reference to New York City. Furthermore, Special Agent Assenmacher believes that and were truncated references to $56,000 and $57,000, respectively, prices which are consistent with the price of a kilogram of heroin in New York City. 8) On August 21, 2016, QUILES had a telephone conversation with a narcotics associate, during which QUILES stated in substance that he was in "Washington Heights," and that he was expecting "that" tomorrow and would "land that thing ?rst and then put it in my place." Based on Special Agent Assenmacher's training and experience, he believes that QUILES was in New York County during this conversation and that he expected the shipment of narcotics the following day, at which time he would keep it there for one day and then move it to a stash house. 9) On August 21, 2016, QUILES had a telephone conversation during which he stated in substance that he was "waiting for a person because we are going to Show him a piece, a sample.? Based on Special Agent Assenmacher's training and experience, he believes that QUILES was in New York City to provide a small portion of narcotics to a prospective customer. Small portions are referred to as samples, and are common for high- level narcotics traf?ckers. 10) On the evening of August 22, 2016, a review of court?authorized location information for cellphones being used by QUILES and AYALA, showed that their cellphones traveled to the vicinity of 4 Sassi Drive, Croton~onuthe~Hudson, New York. On the morning of August 23, 2016, QUILES and AYALA met at 4 Sassi Drive, Croton?on?the?Hudson, New York. QUILES had telephone conversations with an I Page 6 of 6 CRIMINAL COURT OF THE CITY OF NEW YORK COUNTY OF NEW YORK THE PEOPLE OF THE STATE OF NEW YORK FELONY ?against? 1. Fernando Quiles (M 47), ADA James Hanley 2. Jorge Ayala (M 33), 212?815?0173 Defendants. individual that identi?ed himself as a truck driver, and QUILES and the driver coordinated to meet with each other. Special Agent Assenmacher observed a tractor?trailer appear at 4 Sassi Drive, after which, the tractor detached the trailer and left it at the location. AYALA drove away from the location. A search of car resulted in the recovery of: a food?saver machine (used to package seal), plastic packaging materials, rubber bands, keys to 4 Sassi Drive, garage door opener to 4 Sassi Drive, and a device/ key for the trailer at 4 Sassi Drive. Special Agent Assenmacher recognized the above-items to be narcotics paraphernalia, used for the packaging of narcotics. QUILES was apprehended in the vicinity of the trailer. Special Narcotics Search Warrant Numbers 1048/2016 and 1049/2016 (issued by Justice Biben) were executed at 4 Sassi Drive and the trailer, respectively. A search of 4 Sassi Drive, a private, one?family home with no furniture inside, resulted in the recovery of a narcotics ledger book (containing names and sums of money), tools, a scale, rubber bands, and tape. A search of the trailer, resulted in the recovery of a large quantity of heroin from inside an axle. I believe the substance is what it is alleged to be based upon: my professional training as a police officer in the identification of drugs, my prior experience as a police officer making drug arrests and a field test of the substance which confirmed that the substance is in fact what it is alleged to be, and that it weighed in excess of eight (8) ounces. False statements made in this written instrument are punishable as a class A misdemeanor pursuant to section 210.45 of the Penal Law, and as other crimes. ?1 iAf/? Investig/Kr/Joseph Cruz Date Time