Case Document 1 Filed 08/19f16 Page (Kev ll/l l) (,?riminal Complaint UNITED TES DISTRICT COURT for the .7 - Northern District of California United States of America ?Oscar Vladimir Escalante, case No' a/k/a "Cuddy," a/k/a "l-ioggy" 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 August 16, 2016 in the county of Contra in the ?Northern District of California ,the det?endantts) violated: Code Section Offense Description 21 U.S.C. 846 Conspiracy to mfr, distribute, possess with intent to distribute heroin, cocaine, methamphetamine, aiprazolam and 100 or more marijuana plants 21 U.S.C. 841(a)(1), Manufacture, distribution, possession with intent to distribute heroin, cocaine, methamphetamine, aiprazolam and 100 or more marijuana plants 21 U.S.C. 843(b) Illegal use of a communications facility 18 U.S.C. 922(0) Possession and transfer of a machine gun 18 U.S.C. 1956(h) Conspiracy to launder drug proceeds This criminal complaint is based on these facts: See attached affidavit of DEA TFO Jarred Pereira. I 6% (Approved as to form: AUSA Frank Riebli) Continued on. the attached sheet. rred Pereira, DEA TFO Printed name and title Sworn to before me and signed in my presence. Oakland, CA Hon. Kandis A. Westmore, U.S, Magistrate Judge? Printed and rifle Judge ?5 signature City and state: Case Document 1-1 Filed 08/191416 Page 1 of 62 AFFIDAVIT OF TASK FORCE OFFICER JARRED PEREIRA IN SUPPORT OF COMPLAINTS AND SEARCH WARRANTS I, Jarred Pereira, a Task Force Of?cer with the Drug Enforcement Administration (DEA), being duly sworn, depose and state: I. INTRODUCTION I 1. I make this af?davit in support of an application for a criminal complaint charging the following persons (collectively, the ?Target Subjects?) with conspiring to manufacture, distribute and possess with the intent to distribute marijuana, methamphetamine, heroin, cocaine and alprazolam in violation of 21 U.S.C. 846, and with the manufacture, distribution and possession with the intent to distribute those same substances, in violation of 21 U.S.C. 841(a)(1) and and with illegal use ofa communication?s device, in violation of 21 U.S.C. 843(b), and with conspiracy to launder drug proceeds, in violation of 18 U.S.C. 1956(h), and charging four of the persons below with possession of a machine gun, in violation of18 U.S.C. 922(0): a. OSCAR Vladimir Escalante, a/k/a ?Cuddy?, a/k/a ?Hoggy?; b. MELINA Patricia BScalante; 0. Claudia d. Jorge GOMEZ, a/k/a ?George?; e. David a/k/a ?Chepp,? a/k/a ?Carlos?; f. Alfredo Guadalupe Ortiz, a/k/a Julian Marc REAYOUNG, a/k/a ?Marcus?; h. Christian Victor VANLEER, a/k/a ?Buggy,? a/k/a ?Buggy i. Michael Anthony VICOCHEA, a/k/a ?Mikey?, a/k/a ?Money Mike?; j. Ignacio Gonzalez, a/k/a k. Daniel 1. Adam Mustafa In. Louis Case Document 1-1 Filed Page 2 of 62 n. Joel 0. Sean Constantine Chin, alk/a p. James Hinkle, a/k/a and in support of an application for a warrant to search the following locations, described more particularly in Attachments A (collectively, the ?Target Locations?), for the items specified in Attachments B: Northern District of California Locations Target Location A: 5 643 Arcadia Cir, Discovery Bay, CA 94505; Target Location B: 680 14th St. Apt# 101, Oakland, CA 94602; Target Location C: 221 Alta Vista, Daly City, CA 94014; Target Location D: 406 St, Antioch, CA 94509; Target Location E: 3572 Yacht Dr, Discovery Bay, CA 94514; Target Location F: 91 Dorchester Ave, San Leandro, CA 94577; Target Location G: 504 E. 10th Street in Oakland, CA Target Location H: 5240 Mission Street in San Francisco, CA 94112 Target Location I: 5242 Mission Street in San Francisco, CA 94112 Eastern District of California Locations1 Target Location J: 1520 Joseph Menusa in Tracy, CA Target Location K: 2830 Reyes Lane in Tracy, CA Target Location L: 238 Avenue Castro, Delano, CA 93215; Target Location M: 281 Knight St, Shafter, CA 93263; Target Location N: 822 S. Monroe, Stockton, CA 95206; Vehicles Target Vehicle 1: a black 2002 Chevrolet Tahoe, CA I Target Vehicle 2: a silver 2004 Dodge Caravan, CA I I am submitting a separate search warrant application in the Eastern District of California. Therefore, I am not asking this Court for authorization to search these locations. Case Document 1-1 Filed 08/1946 Page 3 of 62 and any computers, cell phones, or other digital media devices found therein or in the Target Subjects? possession at the time of their respective arrests, and to seize certain items that are fruits, evidence, and instrumentalities of violations of 21 U.S.C. 846, 841(a)(1) and 843(b) and 18 U.S.C. 922(0) and 1956(h). This search shall include all rooms and garages or storage spaces, attached or unattached, that are associated with the Target Locations, and any containers, locked or unlocked, located within or attached to the Target Locations. 2. The statements contained in this af?davit are based on my own investigation, my training and experience as a law enforcement agent, information provided to me by or through other law enforcement agents, investigators and individuals with knowledge of this matter, and through my review of documents related to this investigation. This af?davit Summarizes such information in order to show that there is probable cause to believe that the persons listed above have violated 21 U.S.C. 841(a)(1), 843(b) and 846 and 18 U.S.C. 922(0), and that the items listed in Attachment will be found in the Target Locations. This af?davit does not purport to set forth all of the evidence gathered to date in this investigation, or to name all of the persons who participated in these crimes. II. AGENT BACKGROUND 3. I, Jarred Pereira, am a sworn Peace Of?cer for the State of California, and have been so employed since April of 2012. I received formal training at the Police Of?cers Standards and Training (POST) approved Law Enforcement Training Center (LETC) Basic Police Academy in Pittsburg, CA. Currently, I am employed by the San Ramon Police Department as a Detective, and am a deputized Task Force Of?cer (TFO) with the United States Department of Justice, Drug Enforcement Administration (DEA). As a TFO, I am currently assigned to the Oakland Resident Of?ce as a member of the Tactical Diversion Squad. 4. The formal training I received at the LETC Basic Police Academy consisted of comprehensive, formalized instruction in, among other things: basic dug investigations, drug identi?cation and detection, interdiction, familiarization with state drug laws, ?nancial Case Document 1-1 Filed 08/1946 Page 4 of 62 investigations, identi?cation and seizure of drug related assets, organized crime investigations, physical and electronic surveillance, and evidence handling. 5. During the course of my law enforcement career, I have been involved in investigations of numerous criminal offenses, including those offenses related to this current investigation. As a Peace Of?cer for the State of California, I have participated in no less than 50 investigations involving the possession of, the sale of, and/or the tranSportation of cocaine, heroin, ecstasy, methamphetamine, marijuana, and/or prescription drugs. As a TFO for the DEA, I have participated in no less than 15 investigations of illicit drug traf?cking organizations, ranging from street level dealers to major dealers. These subjects of these investigations have been involved in the distribution and possession with intent to distribute controlled substances, conspiracies to do the same, money laundering and conspiracies to launder drug proceeds. These investigations have made use of numerous investigative techniques, including: con?dential informants; undercover agents; the analysis of pen registers, trap and trace, and toll records; physical surveillance; electronic surveillance, including tracking the physical locations of vehicles and cellular telephones, the use of pole?mounted cameras and wiretaps; and, the execution of search warrants. These investigations have resulted in numerous state and federal prosecutions, as well as the seizure of illegal drugs and drug proceeds. 6. have worked with approximately 10 informants/cooperators and approximately 3 undercover agents and have monitored meetings and consensual telephone conversations with drug dealers involving informants and undercover agents. I have participated in dozens hours of surveillance of drug traffickers. While conducting surveillance, I have observed drug transactions, counter-surveillance techniques, and the methods that drug traf?ckers use to conduct clandestine meetings. 7. I have participated in three Organized Crime Drug Enforcement Task Force (OCDETF) investigations. OCDETF is a task force comprised of multiple law enforcement agencies which jointly investigate drug traf?cking organizations. 8. I have been involved in the execution of no less than 30 state and federal drug- Case Document 1-1 Filed 08/1916 Page 5 of 62 related search warrants, parole searches, and probation searches. As a result, I have encountered and become familiar with the various tools, methods, trends, paraphernalia, and related articles that drug traf?ckers and traf?cking organizations use to import, conceal, manufacture, and distribute controlled substances. I am familiar with the appearance of heroin, cocaine, methamphetamine, marijuana, ecstasy, and other controlled substances. I am also familiar with some of the code words, slang and other terminology that drug traf?ckers use to communicate with each other concerning drugs, drug dealing, handling of drug proceeds and guns. 9. I have interviewed no less than 100 drug dealers, users, and con?dential informants and have discussed with them the lifestyle, appearances, and habits of drug dealers and users, the use and meaning of coded language and the concealment of assets. I have become familiar with the manner in which drug traf?ckers smuggle, transport, store, and distribute drugs, as well how they collect and launder drug proceeds. I am also familiar with the ways drug traf?ckers use telephones (including cell phones), pagers, false or ?ctitious identities, friends? and relatives? identities and other means to facilitate their illegal activities and thwart law enforcement investigations. 10. have also had discussions with other law enforcement of?cers and cooperating individuals about the packaging and preparation of drugs, methods of operation, and security measures which drug dealers often employ, as well as the methods drug dealers use to conceal, tranSport and launder drug proceeds. I have reviewed investigative reports and other documents regarding the methods drug traf?ckers use to transport and distribute drugs, to communicate with each other and to collect, launder and hide the proceeds of their illegal activities. I have also become familiar with the types of documents, including ?nancial records, telephone records, utility records, ?pay?owe sheets,? and other records, that evidence drug traf?cking and help identify those involved in drug traf?cking and the laundering of drug proceeds. RELEVANT STATUTES ll. 21 U.S.C. 846 makes it unlawful for a person to attempt or con3pire to Case Document 1-1 Filed 08/191?16 Page 6 of 62 i manufacture, distribute, or possess with intent to distribute controlled substances. 12. 21 U.S.C. 841(a)(1) makes it unlawful for a person to knowingly or intentionally manufacture, distribute, diSpense, or possess with intent to manufacture, distribute, or dispense, controlled substances, including heroin, methamphetamine, cocaine, marijuana and alprazolam. 13. 21 U.S.C. 843 makes it unlawful to use a communications facility, including a cellular telephone, to facilitate a violation of Title 21. 14. 18 U.S.C. 922(0) makes it unlawful to possess a machine gun. 15. 18 U.S.C. 1956(h) makes it unlawful to conspire to launder the proceeds of certain unlawful activities, including drug traf?cking. IV. FACTS ESTABLISHING PROBABLE CAUSE A. Overview of Investigation 16. This investigation has focused on a drug traf?cking organization (DTO) that OSCAR Operates. Based on the evidence obtained so far, I believe that OSCAR and others in his organization distribute large quantities of heroin, cocaine, methamphetamine, marijuana and prescription pills both in. California and in other states. I further believe that DTO maintains marijuana grow houses and stash houses in numerous locations from Delano, California to San Francisco, California, and that he uses these locations to manufacture, process and store marijuana, and store and distribute other drugs. I further believe that OSCAR works with an annorer who modi?es firearms for the DTO to make them fully automatic, and that OSCAR and others possess these weapons, as well as other ?rearms to protect themselves and the several grow and stash houses. This investigation has involved agents and officers from the Drug Enforcement Administration the Bureau of Alcohol, Tobacco, Firearms, and Explosives the Internal Revenue Service the Oakland Police Department the San Ramon Police Department and the Marin County Sheriff 5 Department Agents have used federal wiretaps, physical and electronic surveillance Case Document 1-1 Filed Page 7 of 62 (including GPS trackers and pole?mounted cameras), undercover purchases of drugs, search warrants, con?dential informants and other means to investigate DTO and its activities. Based on the information I have learned through the course of this investigation, I believe that the Target Subjects and their respective roles are as follows: a. OSCAR Vladimir Escalante, a/k/a ?Cuddy,? a/k/a ?Hoggy?: OSCAR is the leader of this DTO. He oversees the cultivation and distribution operations, maintains connections with the persons who supply heroin and methamphetamine to the DTO and oversees the acquisition and distribution of those drugs, manages the ?nances and controls the acquisition of ?rearms and the distribution of those ?rearms among the members. Though OSCAR has not been validated as a gang member, others in his DTO are validated Norte?o gang members, they frequently-refer to him as ?carnal,? and he has on occasion concluded phone calls with the salutation ?Norte.? I know from my training and experience that, among Nortefios, the term ?carnal? is a term of respect and often refers to a person with higher stature within the gang. On May 23, 2015, OSCAR was shot during an altercation in San Francisco?s Mission District. He is now con?ned to a wheelchair. current Department of Motor Vehicle address is 5643 Arcadia Circle in Discovery Bay, CA 94505 (Target Premises A). b. MELINA Patricia Escalante: MELINA wife. MELINA assists OSCAR in laundering the proceeds of his drug business by allowing him use of her bank accounts, by making cash withdrawals at his request and paying associates. MELINA has also assisted the drug operation directly by providing trimming tools to workers in one of marijuana grow houses. MELINA resides at Target Premises A with OSCAR. 0. Claudia MUNOZ: MUNOZ is girlfriend and possibly the mother of one of his children. MUNOZ appears to assist OSCAR by managing the utilities and rental agreements for his marijuana grow houses, and by allowing OSCAR to use her bank account to launder drug proceeds and to use her residence Target Location to meet with associates and store contraband. Munoz?s current DMV address is Target Location C. She Case Document 1-1 Filed 08/119446 Page 8 of 62 may also have used her access to county computers through her workplace to obtain information for OSCAR to aid his Operation. d. Jorge GOMEZ: GOMEZ is one of most trusted associates, and assists OSCAR in managing and maintaining at least four marijuana grow houses in the Bay Area. current DMV address is 5317 Cypress Ave in El Cerrito, CA 94530. However, agents know from wire intercepts that GOMEZ was evicted from this residence and is in the process of ?nding a new place to live. e. David VIGIL, a/k/a ?Chepp,? a/k/a ?Carlos?: VIGIL is one of partners, and is one of the persons who supplies methamphetamine and possibly heroin to the DTO. VIGIL also oversees the marijuana cultivation Operation at one of grow houses in Delano, California (Target Location L). VIGIL resides at Target Location M. f. Alfredo Guadalupe Ortiz, a/k/a i believe PEP is brother and brother-in-law. PEP assists OSCAR in Operating marijuana grow houses in Oakland, Antioch, Discovery Bay and Tracy, California. PEP has prior felony convictions for assault with a semi?automatic firearm and assault with a deadly weapon on a peace of?cer, for which he received a 9?year state prison sentence. The California Department of Corrections and Rehabilitation validated PEP as a member of a Nortei'io street gang. PEP was with OSCAR when OSCAR was shot in 2015 and was involved in the altercation that led to shooting. current DMV address is 1540 Joseph Menusa Lane in Tracy, CA 95377, but I believe based on recent surveillance that PEP resides at Target Location or at least maintains I a marijuana grow there. g. Julian Marc REAYOUNG: I believe that REAYOUNG was one of associates and someone who distributed heroin, methamphetamine and marijuana for OSCAR in other states, including Arkansas and Mississippi. former DMV address is was 4016 Meadow Lake St. in Antioch, CA 94531, though agents believe that REAYOUNG has not resided at that address since approximately April 2016. 11. Christian Victor VANLEER, a/k/a ?Buggy,? a/k/a ?Buggy - Case Document 1-1 Filed 08/1916 Page 9 of 62 VANLEER distributes heroin, cocaine, alprazolam and possibly other drugs for DTO. He also allows the DTO to use his Oakland apartment as a location to stash those drugs prior to distribution. current DMV address is 3416 Seminary Ave. in Oakland, CA 94605. However, I know from this investigation that VANLEER also resides at Target Location B. girlfriend?s most recent DMV address is Target Location B. I believe this woman is girlfriend based on social media posts on her sight showing a picture of VANLEER with the caption ?Love of my life? and intimate photos of them together and from surveillance in which I have seen them together. 1 know that drug dealers often use their friends? or girlfriends? residences to store contraband in order to avoid having the contraband linked to them. On December 9, 2015, a Con?dential Source purchased 1,000 alprazolam pills from VANLEER. The CS wore a concealed video camera during that transaction. The video shows the CS enter the building and enter the ?rst door on the left at the top of the stairs. VANLEER was inside. On August 16, 2016, a surveillance team con?rmed that the ?rst door on the left at the t0p of the stairs is Apartment 101. Based on these facts, I believe the December 9, 2015 controlled purchase took place inside Target Location B. Agents have also seen VANLEER enter and leave the building in which Target Location is located on numerous occasions during this investigation, and on August 12, 2016, I saw VANLEER use a key to enter the building. According to Oakland Police Department?s Gang Unit, VAN LEER has known ties to the City? gang in Oakland, and a Norte?o Street gang. An undercover agent purchased drugs from VANLEER outside Target Location on 3 occasions. i. Michael Anthony VICOCHEA, a/k/a ?Mikey,? a/k/a ?Money Mike?: VICOCHEA is one of primary mid?level distributors of methamphetamine and heroin. He also operates a marijuana grow house at Target Location K. VICOCHEA has been intercepted in conversations with OSCAR in which he discusses obtaining ?rearms for OSCAR, and in which he discusses testing one of automatic weapons with another member of the DTO. VICOCHEA has a prior felony conviction for assault on a person with a firearm in violation of California Penal Code 245(a)(2). In 201 l, the California Department of Case Document 1-1 Filed 08/194165 Page 10 of 62 Corrections and Rehabilitation validated VICOCHEA as a member of an East Side Oakland Nortefio street gang. current DMV address is 1450 Thrush Street, Unit 15 in San Leandro, CA 94578, but agents know from surveillance that he resides at Target Location K. j. Ignacio Gonzalez, a/k/a PELON is brother-in-law and one of associates. PELON collects money from persons whom OSCAR supplies with drugs, and manages a marijuana grow house at Target Location D. current DMV address is 562 Burkett Ave. in Stockton, CA 95205. However, agents conducting physical surveillance and monitoring a pole camera have seen PELON come and go from Target Location almost every day since approximately May 6, 2016. PELON has prior felony convictions for assault with a deadly weapon, not ?rearm] great bodily injury likely (Cal. Penal Code Aug. 16, 2005), possession/purchase of controlled substance for sale (Cal. Health Safety Code 11351, Oct. 19, 2008). k. Daniel DANIEL is a street?level dealer for the DTO who appears to report directly to VANLEER and VICOCHEA. The UC has purchased heroin from MEDINA on two occasions and attempted to purchase heroin on two additional occasions on both of the latter occasions, the substance MEDINA sold was so diluted that tests indicated that it did not contain any controlled substance. current DMV address is Target Location F. During an undercover (UC) buy on April 7, 2016, MEDINA was seen leaving from this location just prior to the buy, and returning to this location immediately after. 1. Adam Mustafa ABDELWAHHAB: ABDELWAHHAB is the armorer. He modifies weapons for OSCAR to make them fully automatic and may also manufacture silencers for weapons. He has also been intercepted providing OSCAR advice on how to Operate a marijuana grow. current DMV- address is 70 Desoto St. in San Francisco, CA 94127. m. Louis Ramirez, a/k/a LOUIE is one of associates who assists in the operation of one of marijuana grows, helps OSCAR manufacture concentrated cannabis assists OSCAR in the distribution of marijuana and concentrated 10 Case Document 1-1 Filed 08/1946 Page 11 of 62 cannabis and occasionally works at front company, ?Gift 2 Gab,? located at 5242 Mission Street in San Francisco, CA 941 12, Target Location I. current DMV address is 310 Arballo Drive, Apt. 2C in San Francisco, CA 94132. n. Joel SALCEDO: SALCEDO is one of the suppliers of heroin and methamphetamine. OSCAR also gave SALCEDO at least one automatic weapon. SALCEDO hasla prior felony conviction for assault with a deadly weapon. The California Department of 1 Corrections and Rehabilitation validated af?liation with the Mexican National gang during his prison term. current DMV address is Target Location N. 0. Sean Constantine Chin, a/k/a MIAMI is a partner of OSCAR in a marijuana grow at Target Location and may distribute drugs out of state for the DTO. current address is 136 Lawlor Ct in Bay Point, CA 94565. p. James I-Iinkle, a/k/a BIG JIM is one of associates who resides and works in the marijuana grow house at Target Location L. BIG JIM also transports marijuana plants for the DTO and was arrested in Arkansas on December 2, 2015 (along with REAYOUNG) while in possession of large quantities of heroin, methamphetamine, marijuana and two pistols. BIG current DMV address is PO Box 779 in Tehachipi, CA. B. OSCAR Operates a Drug Traf?cking Organization 16. As stated above, OSCAR operates a DTO with numerous members, including suppliers (like SALCEDO and VIGIL), mid?level distributors (like VICOCHEA and VANLEER) and many lower?level associates. DTO manufactures and distributes drugs and launders the proceeds of those drug sales. The existence of the organization was stated explicitly during a call on January 20, 2016, between GOMEZ and one of lower-level associates. During that consensually-recorded call, GOMEZ said: [B]ro, this isn?t like school, this isn?t like school, your mom, or your homies. This is a whole other world that you?re walking into. I ?ve already talked to you about this. So when you tell somebody, hey on Tuesday ?I?m gonna be there,? that means Tuesday you are either going to call them Monday and be like, er, Sunday be like, ?you know what, I don?t think I?m going to be able to make ?til like Thursday. Well let me call you on Wednesday and see where I?m at . . . 11 Case Document 1-1 Filed 08/1946 Page 12 of 62 See bro, you gotta communicate. You gotta communicate better. Like I said this isn?t a school . . . [O]n Monday when you found out you should?ve thought, ?Hey you know what, I better go to the payphone and shoot Cuddy and Jorge a call and let them know everything?s cool, but I?m gonna need a few more days out here. That way Jorge doesn?t drive . . you know Cuddy came out here too, right? And you know his legs, he went back after that, kid, with me, Cuddy and Marcus. We all came down here. Then when you didn?t show up, he went back, and I stayed. And he called me and said ?just come back.? . . . All you gotta do is communicate better bro. We are not like the school or a fucking You don?t gotta come with no bullshit lies or we . . . we ain?t got time. There is so much other stuff going on bro that we don?t got time to pay attention to what you got going on. That?s what, you are a grown man. That?s where you are supposed to take care of your business. I can?t do it for you. You gotta do it for yourself, and for you to tell about what you got going on. That?s like for a grown man you don?t do that. Every grown man, every grown man has problems, bro. Do you get it? Do you think, does Marcus call me crying about his shit? That nigga is. about to go serve probably like 20, bro. Are you kidding? And you don?t hear him crying to nobody. So see you gotta be a man, bro. . . . [M]aybe this isn?t the world you want to be in. My world is different. I already told you, bro, and I thought maybe you were ready, but this is different. This isn?t like that Long Beach fucking turf shit that you were saying. That?s some bullshit, too. You know what I mean. You seen the people. You were sitting at the table. Those some real niggas, bro. 17. Based on my training and experience and my knowledge of the facts of this investigation, I believe that in this call, GOMEZ was trying to impress upon the lower?level associate that the associate was joining a large-scale criminal organization. I believe that statements that ?this isn?t like school, your mom, or your homies? and ?Those some real niggas, bro? meant that organization was serious and that the associate needed to act more professionally. I further believe that when GOMEZ told the associate that he should have ?[shot] Cuddy and Jorge? a call, he was referring to himself and OSCAR (?Cuddy?) this is continued by his description, ?you know his legs,? which I believe refers to the fact that OSCAR is still in a wheelchair following his shooting in May 2015, and the dif?culty he faced in making a long trip. I also believe that reference to ?Marcus? going to serve ?like 20,? was a reference to arrest in Arkansas with large quantities of marijuana, heroin, methamphetamine and two pistols (discussed below), and the fact that he was facing a long prison term as a result. C. December 2, 2015 DrugSeizure 18. On December 2, 2015, tr00pers from the Arkansas State Police stOpped 12 Case Document 1-1 Filed 08/191-16 Page 13 of 62 REAYOUNG and BIG JIM in a car on Highway 40 near Lonoke, Arkansas. During a consent search of the car, the tr00pers found a hidden compartment containing approximately 8 pounds of suspected marijuana, approximately 3.5 pounds of suspected methamphetamine and approximately 2.2 pounds of suspected heroin, as well as two pistols. REAYOUNG was charged in Lonoke County and released on bail. 19. Bank surveillance photos show that on December 30, 2015, REAYOUNG made four large cash deposits totaling $30,000 to and brother?s bank accounts from the same Wells Fargo Bank branch in Memphis, TN. REAYOUNG structured those deposits into amounts of $9,000, $9,000, $7,750 and $4,250. He made two deposits in the morning one to account and one to brother?s account, and two in the late afternoon, to the same two accounts. 20. On August 11, 2016, OSCAR and VICOCHEA discussed another associate who had been caught at the airport in Mississippi with approximately 44 pounds of marijuana. OSCAR was trying to determine whether the person had been charged federally or in state court. When VICOCHEA said that the associate?s bail wasonly $50,000, OSCAR remarked ?Look at Marcus with all that shit. $30,000 bail.? VICOCHEA and OSCAR agreed that bail was relatively low in other states, compared to California. I believe reference to ?Marcus? was a reference to arrest in December 2015. D. SALCEDO Supplies Heroin and Methamphetamine to the DTO. 21. As stated above, I believe, based on intercepted communications and surveillance, that SALCEDO supplies heroin and methamphetamine to DTO. 22. On May 12, 2016, OSCAR and had the following text message exchange: VICOCHEA: Tex me Joes number OSCAR: Naw cuz OSCAR: I ain?t finna be giving my lines, cuz l3 Case 4:16-cr-003v8-2-HSG Document 1-1 Filed 08/19116 Page 14 of 62 VICOCHEA: Come on blood OSCAR: Hahahaha. OSCAR: 2098709073 Joe Stockton 23. I believe, based on my training and experience and my knowledge of the facts of this investigation, that in this exchange, VICOCHEA was asking OSCAR for the contact information for SALCEDO, whom they called ?Joe? or ?Joe? from ?Stockton.?2 I believe that reSponse, ain?t ?nna be giving my lines,? meant that he was not going to give VICOCHEA the ability to contact his ?line,? or drug source of supply. I believe that drug dealers often try to keep their sources of supply secret from their other associates so that those associates cannot go around them to get a supply of drugs. It is a way of ensuring - superiority over the others in a distribution organization. I further believe that next responses, ?Hahahaha? and then a message with one of telephone numbers, indicated that he was just kidding and that he was willing to give VICOCHEA the ability to contact SALCEDO directly. 24. On May 14, 2016, OSCAR told SALCEDO that he (OSCAR) wanted the ?twenty??ve, five,? the ?fucking black girl.? I know that drug traf?ckers often use phrases with the words ?black? or ?brown? in them to refer to heroin, in part because tar heroin is a dark brown or black substance. I also know that the wholesale price of a kilogram of heroin in Northern California is approximately $25,000. Based on my training and experience and my knowledge of the facts of this investigation, I believe that, in this call, OSCAR was asking SALCEDO fora kilogram of heroin. SALCEDO responded ?Okay, let me get it right now.? OSCAR replied, ?Don?t get it just yet. Let me make sure that my boy is gonna go half with me. . . . Let me call you back in thirty minutes. Don?t bring that bitch yet.? I believe that when OSCAR said he wanted to ?make sure that my boy is gonna go half with me,? and bring that bitch yet,? he meant that he did not want SALCEDO to deliver the heroin until OSCAR had 2 It is also possible that they typed ?Joel? into their respective phones, but that auto-correct changed it to ?Joe.? 14 Case Document 1-1 Filed 08/1946 Page 15 of 62 con?rmed that another co?conspirator was going to contribute half of the $25,500 purchase price. Agents did not intercept any further calls that day indicating that OSCAR and SALCEDO met to complete a drug transaction. 25. Two days later however, on May 16, 2016, agents intercepted calls indicating that SALCEDO suppliedOSCAR a kilogram of heroin and two pounds of methamphetamine. Below is an excerpt of that call: OSCAR: Yeah, I?m not even headed to the City. SALCDEO: Ugh, he at work right now. I think, but let me ?nd out. See if he could make a call and make that happen right now. OSCAR: Okay, and how about and the other one? The other shit? a: OSCAR: Is that available? SALCEDO: Okay, which one? Ice? OSCAR: Yeah, the window? SALCEDO: Oh, for the car? Yeah, yeahlocal number on that. OSCAR: Okay, so ?ve of those. SALCEDO: Need ?ve of ?em? OSCAR: Yeah, ?ve and one. 26. At approximately 1:15 pm, SALCEDO called OSCAR and said: SALCEDO: Hey, the, the house windows won?t be ready until the afternoon, cause he forgot his phone and uh dude, dude forgot his phone and the son answered. So, we got to wait until dude gets back home and so, uh the windows aren?t ready until the afternoon, but the oth the, the other shit is ready like in a little bit. . . . You want to wait until everything is ready at once? 27. Based on my training and experience and my knowledge of the facts of this investigation, I believe that in these two calls, OSCAR was ordering two kinds of drugs from SALCEDO. I believe that he originally was asking about a meeting to get the heroin he had Case Document 1-1 Filed 08/19116 Page 16 of 62 ordered two days earlier but not received, and then asked about methamphetamine (?the other one? and ?the other shit?), which SALCEDO referred to as ?ice,? and which OSCAR referred to as a ?window.? I know that the terms ?ice? and ?window? are common slang or code for methamphetamine. I believe that the fact that SALCEDO initially referred to it as ?for the car? and then in the second call as ?house windows? con?rms that he and OSCAR were not talking about actual windows, but instead were using the word as code for a drug, most likely methamphetamine. I further believe that request for ??ve of those? and then ??ve and one? meant that he was ordering ?ve quantities most likely pounds of methamphetamine and one kilogram of heroin, based on his order from two days earlier. I further believe that SALCEDO agreed to supply the drugs, but was obtaining them from different sources and that while the methamphetamine would not be ready until the afternoon, the ?other shit,? meaning the heroin, would be ready sooner. I believe that at the end of the excerpted exchange, SALCEDO was asking OSCAR if OSCAR wanted SALCEDO to deliver the heroin ?rst and then return later with the methamphetamine, or to wait and deliver both at once. 28. OSCAR called SALCEDO at approximately 5:29 pm. to check up on the deliveries and change his order for methamphetamine. Below is an excerpt of that call: OSCAR: Y0, what?s up boy? SALCEDO: Okay, um let me see. I still have I?m still waiting on the uh, uh, 0n the windows. OSCAR: Okay, just two of them. >3 SALCEDO: Oh, just two windows? OSCAR: Yeah. 29. OSCAR called again 13 minutes later. Below is an excerpt of that call: SALCEDO: Hey, I just got word on this dude. Um, they, they ran out of, of, uh, uh, uh solid one. They got two, they got two left over, but it?s all crush. OSCAR: Ah, ?ick! l6 Case Document 1-1 Filed 08/1946 Page 17 of 62 OSCAR: Completely crushed or what? SALCEDO: Yeah, yeah that?s all they?ve got on hand right now. =11 OSCAR: How much? SALCEDO: Twenty-?ve, for you? OSCAR: But are they good? Or are they cut? SALCEDO: He said they?re good, they?re just crushed all dust. It?s all crush. OSCAR: Let me check it out. Fuck it, bring itcould work with it, I?ll work with it. 30. Based on my training and experience and my knowledge of the facts of this investigation, I believe that in these two calls, OSCAR was ?rst calling to check on the status of delivery (?what?s up and SALCEDO said he Was still waiting on the methamphetamine (?the windows?) to arrive. I believe that when OSCAR said ?just two of them,? he meant that he no longer wanted ?ve quantities, he only wanted two quantities. I further believe, based in part on the second quoted excerpt, that these quantities were pounds: I believe that when OSCAR asked ?How much,? he wanted to know what the price per quanity would be for the methamphetamine and that when SALCEDO said ?twenty??ve? he meant $2,500. I know that a pound of methamphetamine now sells for approximately $3,000 wholesale in this area. I believe that SALCEDO was offering the methamphetamine to OSCAR for $2,500 per pound both because OSCAR was a trusted or long?standing customer (?Twenty-?ve, for you?), and also because the methamphetamine was ?crushed.? I believe that when SALCEDO told OSCAR that the drugs were ?crushed,? he was indicating that the drugs were not in large, clear shards. I further believe that reaction, ?ah fuck,? indicated that he preferred to get the shards both because that was an indication of the purity of the drugs and also because it is what his customers preferred to buy from him. I believe that SALCEDO offered the drugs at a small discount for these reasons. I further believe that when OSCAR asked ?But are they good? 17 Case Document 1-1 Filed Page 18 of 62 Or are they out?? he was asking whether the methamphetamine had been diluted with other substances. I believe that response that ?they?re good, they?re just crushed,? was an attempt to assure OSCAR that the drugs had not been diluted, just that they were not in shards. Finally, I believe that response to ?let me see it,? and ?if I could work with it, I?ll work with it,? meant that he wanted to see the methamphetamine before he committed to buying it but that he was willing to accept the crushed drugs if they appeared to be high quality. I also believe that the fact that SALCEDO was going to sell OSCAR two quantities of crushed ?windows? con?rms that they weren?t really talking about windows. 31. At approximately 7:36 pm. SALCEDO sent OSCAR a text message, ?Onway,? which I believe meant that SALCEDO was on his way to deliver some or all of the drugs. At 8:15 pm, OSCAR called SALCEDO on telephone number and asked ?Yeah, did you get it?? SALCEDO reSponded, ?Ten four. I got it.? SALCEDO then told OSCAR that ?I?ll be there in six minutes.? I believe that in this exchange, SALCEDO noti?ed OSCAR that he had gotten some or all of the drugs that OSCAR had ordered and that he would arrive at location in approximately six minutes to deliver the drugs. 32. On May 23, 2106, it appears that SALCEDO returned to house to pick up money for the drugs he had dropped off the week before. 011 that date, OSCAR called MELINA and told her that SALCEDO was outside the house. OSCAR directed her to give SALCEDO the bag by the ?replace, and to go inside the room and get another bag of weed and put that in the black bag and give it to SALCEDO. I believe that in this call, OSCAR was directing MELINA to give SALCEDO both cash and marijuana (?weed?) in payment for the heroin and methamphetamine SALCEDO delivered on May 16, 2016. E. OSCAR, SALCEDO, VICOCHEA and ABDELWAHHAB are Involved with Automatic Weapons. 33. On May 13, 2016, OSCAR and VICOCHEA had the following exchange: OSCAR: Did you, did you see what?s his name? 18 Case Document 1-1 Filed 08/1946 Page 19 of 62 I said I haven?t seen him yet but I?ll probably see him in a couple hours. OSCAR: Okay, when you go see him uh, uh can you grab something that he has, that he has of mine? I?m going to tell him to give it to you. Could you bring it to me? You going to see him for sure or no? VICOCHBA: Yeah, yeah. No, urn yeah for sure, for sure. I?m going to be there for sure. 34. Based on my training and experience and my knowledge of the facts of this investigation, and in particular on the text message exchange between OSCAR and VICOCHEA from the previous day (described above), I believe that in this exchange, OSCAR was checking to see whether VICOCHEA had gone to meet up with SALCEDO (?what?s his name?) to pick up drugs from SALCEDO. I believe that OSCAR asked because he wanted VICOCHEA to pick up something else from SALCEDO. Based on calls between OSCAR, SALCEDO and VICOCHEA the next day, I believe that OSCAR was asking VICOCHEA to pick up a gun that OSCAR had given to SALCEDO (?something that he has, that he has of mine?), but which OSCAR wanted returned to him. I believe that response indicated that he had not yet met up with SALCEDO, but that he planned to soon (?in a couple hours?). 35. That evening, agents followed VICOCHEA (driving Target Vehicle 2) to SALCEDO?sresidence at Target Location N. Agents previously had identi?ed this house as residence, and the address listed with DMV. The agents maintained surveillance outside residence into the early morning of May 14, 2016. During this time, agents witnessed silver BMW (CA 7CBH121, registered to Joel Salcedo at Target Location N) constantly leaving from and arriving to the area of Target Location N. At approximately 3:00 am, TFO Jason Senna and I saw BMW return to Target Location again. Between 3:15 am. and 3:20 am, we heard the sounds of gun?re coming from the general direction of residence and backyard. 36. Later that morning, May 14, 2016, agents intercepted calls between OSCAR and SALCEDO indicating that SALCEDO and VICOCHEA had been testing an automatic weapon. l9 Case Document 1-1 Filed 08/1946 Page 20 of 62 The following is an excerpt of that call: 37. SALCEDO: OSCAR: SALCEDO: OSCAR: SALCEDO: OSCAR: SALCEDO: OSCAR: SALCEDO: OSCAR: SALCEDO: OSCAR: SALCEDO: OSCAR: SALCEDO: OSCAR: SALCEDO: OSCAR: SALCEDO: OSCAR: We tried out that baby, bro. What?s up? It?s not silencing and it?s not ektracting the shell and it?s not going fully. Even without, even without it off? Or without the, without the silencer off? Yeah Oh, you know what? I didn?t try it without the silencer off. But that shit didn?t hold nothing back though. What do you mean? That?s just?yeah that shit will st0p it from doing anything though. It?s just [Stutters] screwed in. And it didn?t stop at nothing? Hell no. Not at all, nothing? Nothing, man. Mikey was right there. Oh, okay and then, and then . . . So [Stutters] it wouldn?t fully gas either? It didn?t fully? Nope. Yup, yup I hit the throttle and it wasn?t responding. And what did you say? it was jamming. Yup, it wasn?t. It?s not spitting them out. so it but it fired? Just probably like one time? Yup, just a little clip right now. Okay, cool. Give me the clip. Based on my training and experience and my knowledge of the facts of this investigation, I believe that in this exchange, OSCAR and SALCEDO were discussing a firearm that had been modified to be fully automatic and equipped with a silencer. I believe that when SALCEDO said ?it?s not going fully? and hit the throttle and it wasn?t responding,? he meant 20 Case Document 1-1 Filed 08/191?i6 Page 21 of 62 that the gun was not ?ring fully automatic, as intended. I believe question whether ?it wasjamming,? and response that not Spitting them out,? con?rms that they were talking about a gun that was not ?ring fully automatic. I believe that when OSCAR asked if it would ?re ?without it off,? which SALCEDO clari?ed meant ?without the silencer off,? attempting to determine whether the silencer might be the cause of the problem. I believe this conversation corresponds to the agents? observations while on surveillance in the early morning hours of May 14, 2016, when they heard sounds of gun?re coming from the direction of residence, Target Location N. I further believe that when SALCEDO said, ?Mikey was right here,? he meant that VICOCHEA was with him while he tested the gun. 38. Shortly thereafter on May 14, 2016, agents intercepted a call between OSCAR and related to the gun. The following is an excerpt of that conversation: VICOCHEA: Uh, I seen Joel last night. OSCAR: Yeah, he told me. He said called me that nigga. VICOCHEA: Yeah, yeah. So he called me, he called me around nine o?clock for me to get the shit. I called him because I didn?t think he was going to come through. He called me at nine o?clock last night when I see him. I seen his outdoor, his shit, his shit like how he got it set up. OSCAR: Hold on a second, hold on. Oh, yeah, yeah. In the back? Yeah, that shit looks cool, huhnice outdoor. That shit made me want to get a house in Stockton. I?m all like need a big yard, I could do this shit? [Laughs]. OSCAR: That?s the one, that?s the one that he got raided for. He said he put it back up. OSCAR: You guys tested that thing out? Did it work? VICOCHEA: No, yeah, yeah, yeah it didn?t work. That, that shit didn?t even hit the dam shot. It didn?t even really even shoot. It jammed up like it was like one shot out of like hell of them. We just kept cocking it back and nothing, nothing would come out. Like nothing would come out. OSCAR: Because you did it, because you did it with the fully before, right? And it went cool. 21 Case Document 1-1 Filed 08/1946 Page 22 of 62 VICOCHEA: Yeah but that was like hella long ago. Yeah but that was like when you ?rst gave it to me. wasn?t no problem. OSCAR: And then now it?s like not even shooting. It wont even shoot a regular semi. VICOCHEA: No, it won?t. It?s-like, it?s like basically it?s kind of like a, it?s like a Shot. You could do it but then you gotta, you gotta like really fuck with it. I was just watching him do it. He had to because I wasn?t doing shit. That motherfucker might off me [Laughs]. VICOCHEA: And I grabbed, grabbed the shit off him. So I?m about to go see a couple people. . . . OSCAR: Yeah, I?m waiting on Joel right here at the gas station. He?s about to pull up, he?s going to bring me that shit back so I could take it back to Adam and ?x that mother fucker. Because I need that shit working, man. That shit ain?t doing nothing for me. VICOCHEA: Yeah, yeah that thing right there he couldn?t you couldn?t, you couldn?t depend . . . 39. Based on my training and experience and my knowledge of the facts of this investigation, I believe that in this conversation, OSCAR and VICOCHEA discussed both the gun that SALCEDO and VICOCHEA tested (the one that would not ?re fully automatic) and drugs that SALCEDO was going to supply to VICOCHEA. Thus, when VICOCHEA said that ?he called me around nine o?clock for me to get the shit,? I believe that he meant that SALCEDO called him at about 9:00 pm. to arrange a meeting to pick up drugs. An analysis of phone records con?rms that on May 13, 2016, at approximately 8:34 pm, phone-received a call from one of telephone numbers. I further believe that when VICOCHEA said ?he got it set up nice outdoor? and need a big yard, I could do this shit,? he meant that he admired an outdoor marijuana grow that SALCEDO had established in his backyard, and VICOCHEA thought that he might do the same thing if he had I the outdoor space that SALCEDO had. I believe that when said grabbed, grabbed the shit off him,? and ?I?m about to go see a couple people,? he was indicating that he Case Document 1-1 Filed 08/19716 Page 23 of 62 had obtained drugs from SALCEDO and that he was going to being distributing the drugs to others. I also believe that when OSCAR asked, ?You guys tested that thing out? Did it work?? he was referring to the modi?ed ?rearm he had discussed earlier with SALCEDO. I believe that responses, that didn?t even really even shoot,? jammed up? and just kept cocking it back and nothing, nothing would come out,? meant that the gun was not ?ring fully automatic. I believe that when OSCAR asked won?t even shoot a regular semi,? he was asking whether the gun would even shoot semi?automatic. I further believe that when OSCAR said he was ?waiting on Joel right here at the gas station. He?s about to pull up, he?s going to bring me that shit back so I could take it back to Adam and ?x that mother fucker,? he meant that he was waiting for SALCEDO to return the defective ?rearm to him so that he could, in turn, return it to ?Adam? who I believe is ABDELWAHHAB to have ?Adam? repair it and ensure it would ?re fully automatic. 40. At approximately 12:45 agents conducting surveillance saw OSCAR and SALCEDO meet in a Starbucks parking lot at 14804 Highway 4 in Byron, California. OSCAR arrived in his black TOyota Prius (CA 7FVL272), and SALCEDO arrived in his silver BMW (7CBI-1121). SALCEDO spoke to OSCAR through the passenger side window of Prius and then retrieved an object from the trunk of his BMW and placed it into the rear passenger seat of Prius. 41. After OSCAR met SALCEDO, agents intercepted a text message exchange between OSCAR and ABDELWAI-IHAB. The following is an excerpt of that exchange: OSCAR: Dam brutha had me in a bind with that glock OSCAR: Almost got hit up OSCAR: Glock completely failed I thought it tested it OSCAR: Niggas was shooting back OSCAR: And the fucking don?t even work ABDELWAI-IHAB: I did test it I swear . . . I let offa whole clip ABDELWAHHAB: Damn brutha that?s crazy ..I still have the shell casings Case Document 1-1 Filed 08/191165 Page 24 of 62 Are you ok OSCAR: Hell naw I?m not ok it was a failed attempt and they almost got wit me again OSCAR: I got your money tho ABDELWAHHAB: But fuck the money, where they at and where at OSCAR: I?m in disco ABDELWAHHAB: Whatever you want me to do. . .I swear down ABDELWAHHAB: You want me to head to you? ABDELWAHHAB: I think I still have a half of a case of 223. . .1 can bring those ?[00 42. Based on my training and experience and my knowledge of the facts of this investigation, I believe that in this exchange, OSCAR was expressing his disatisfaction with the ?rearm (?that glock?) he received from ABDELWAI-IHAB. I know that Glock is an Austrian ?rearms manufacturer, and I believe that OSCAR was referring to the ?rearm by name. I further believe, in an effort to make ABDELWAHHAB feel bad and encourage him to ?x it quickly, OSCAR created a fictional st01y about being involved in a shooting. I believe that when he said he ?[a]lmost got hit up? and ?[n]iggas was shooting back,? he meant that he had been in a gun battle and, because of the defective automatic weapon, he had been unable to defend himself effectively. I further believe that when he said ?it was a failed attempt and they almost got wit me again,? he meant that someone had tried to kill him again, and that he was referring to the incident on May 23, 2015 in San Francisco, where OSCAR was shot in a suspected gang diSpute. I further believe that ABDELWAHHAB originally provided OSCAR with the ?rearm, and he test??red the weapon to make sure he was providing a functioning ?rearm did test it I swear. . .I let off a whole clip?). I believe that response that he was ?down? with ?[w]hatever you want me to do,? and that he still had half a case of ?223,? meaning .223 caliber ammunition, the type used in style assault ri?es indicated that was willing to exact revenge on behalf if OSCAR wanted him to 24 Case Document 1-1 Filed Page 25 of 62 do so. Later that evening, agents intercepted communications between OSCAR and indicating that they met at residence, Target Location C. 43. On May 20, 2016, agents (working with the Hayward Police Department) arrested ABDELWAHHAB and executed a state search warrant on his car and residence.3 During that search, agents located six ?rearms, none of which were registered to ABDELWAHHAB. One of the ?rearms the agents recovered from the trunk of car was a Glock handgun with a ?xed silencer and an extended magazine. An ATF agent inspected the gun and determined that it appeared to have been modi?ed to shoot fully automatic. I believe that this is the same ?rearm that OSCAR, SALCEDO, and ABDELWAHHAB discussed on May 14, 2016. Agents also recovered a short?barrel 5 style assault ri?e with a modi?ed stock that enabled the gun to shoot fully automatic, a machine pistol, two other pistols and a revolver. 44. I believe that ABDELWAHHAB knows that OSCAR manages a drug traf?cking organization. On August 8, 2016, OSCAR and ABDELWAHHAB exchanged a series of text messages in which OSCAR sought and ABDELWAHHAB provided advice on how to set up an indoor marijuana grow at Target Location H. For example, OSCAR asked ?Yo what up brutha quick question it think for a 12 light big room 1 14inch exhaust would be enough?? ABDELWAI-II-IAB responded ?Yeah that?s ?ne brutha?. OSCAR also asked ?How many babies should I put in a 12by 10 room with 4 lights?? ABDELWAHHAB responded ?As many as you can . .set the lights at 600 watts?. In this discussion, I believe ?lights? refers to the high? intensity lights indoor growers use to simulate sunlight. This is con?rmed by direction to ?set the lights at 600 watts?. I further believe that ?babies? refers to juvenile marijuana plants. F. MUN OZ Assists OSCAR in Managing the DTO. 3 In order to conceal the existence of a federal investigation, agents asked Hayward PD to author a state search warrant, using information obtained during this investigation in a sealed probable cause section, to obtain authorization to conduct the search. 25 Case Document 1-1 Filed Page 26 of 62 45. OSCAR did not learn about arrest until about a month later. During a call on June 24, 2016, OSCAR told a third party that he was wondering where ?Adam? was. The third party said that his name was ?Adam Abdelwahhab.? After that call, OSCAR called MUNOZ and said that he wanted her to help him find someone. She said OSCAR said the guy?s name was ?Adam,? and he wanted to know if ?Adam? had been arrested because OSCAR couldn?t reach him. MUNOZ acknowledged and asked OSCAR for information. OSCAR said the name was ?Adam Abdelwahhab.? MUNOZ said that was ?too common.? MUNOZ said she needed more information. OSCAR said Adam lived in Hayward, was about 32 or 33 years old and worked in Walnut Creek. OSCAR said Adam may have been pulled over with a gun the day Adam left house. i 46. I believe that MUNOZ works at the Department of Child Support Services in San Francisco, and that she may have access to databases through her work there that enable her to obtain sensitive information about other persons, including arrest records. One of the telephone numbers OSCAR calls is registered. to the DCSS, and the area code and pre?x (415) 356 are the same as the area code and pre?x of other numbers listed on the DCSS website. On June 10, 2016, OSCAR called MUNOZ on her cell phone and MUNOZ told him to hold on while she spoke to a third party in the background about child support. 47. On August 17, 2016, I contacted the Butte County Department of Child Support Services (who oversee child support services for 10 counties) and spoke to a supervisor. I learned that certain employees there have access to DMV records and can search persons by name, date of birth and social security number. They can also make requests to law enforcement to obtain arrest records. The supervisor said that all case managers attend a mandatory con?dentiality course the teaches that all such searches must relate to DCSS work. 48. This is consistent with a call agents intercepted on May 9, 2016, in which OSCAR asked MUNOZ to set up a payment plan on the utilities for one of marijuana grow houses. OSCAR told her the account number and the name, ?Sylvester Young.? He then gave her the address Target Location E. She asked him for the last four digits of Young?s social 26 Case Document 1-1 Filed 08/191165 Page 27 of 62 security number and OSCAR said he did not have it. He added, ?That was the old, the old man, remember I told you to look up the other day?? She reSponded, ?Yeah.? OSCAR and MUN OZ spoke again a short time later and MUNOZ told OSCAR that would not talk to her, that ?Sylvester Young? himself had to call, and that OSCAR might have a man call and pretend to be Young. MUNOZ then gave OSCAR Young?s social security number. OSCAR then called pretending to be Sylvester Young and got the payment amount and instructions to get the power turned back on. OSCAR then contacted a different associate and directed him to go pay the utility bill for that house. OSCAR sent the associate the name, ?Sylvester young,? and the address, ?3572 yacht dr? by text message. 49. MUNOZ also keeps track of and pays bills on marijuana grow houses and his front business, ?Gift 2 Gab.? As discussed above, MUNOZ assisted OSCAR in getting the power turned back on at Target Location E. And on June 1, 2016, OSCAR called MUNOZ (on her work telephone number) and asked if she had sent out the rent check. She apologized and said she had not. OSCAR reminded her that they needed to mail it every month and that he had told her this before. She asked for his tax ID and log?in for the bank account, and he said he would send it. About 10 minutes later, she sent him a text message from her cell phone that said ?Need Tax ID #Log in for bank account.? That afternoon, she sent another text message asking ?Baby call me with that info please?. At 7:38 pm, she texted him ?Rent was mailed today.? The next day, OSCAR called MUNOZ at her work number and asked if she was working. She said she was. During that call, OSCAR gave her the username and password for a bank account that appears to belong to ?Gift 2 Gab.? I believe that these calls indicate that MUNOZ was helping OSCAR manage the rent payments for Gift 2 Gab. 50. On June 6, 2016, OSCAR and GOMEZ discussed attempt to ?nd a new place to live. GOMEZ said his credit was ?messed up? and that was making it dif?cult to ?nd a place to rent. GOMEZ suggested setting up a fake company and trying to rent an apartment through that company. OSCAR then called MUNOZ and told her to get check stubs for GOMEZ and raise the amount and email it back. OSCAR told her to make the amount 27 Case Document 1-1 Filed Page 28 of 62 $7,000 per month. He also told her that he would give her $350, but he asked her to do the check stubs ASAP. She agreed. OSCAR then called GOMEZ and told him that he should be getting an email soon re?ecting an income of $7,000 per month. G. VIGIL Manages Marijuana Grow House in Delano and Supplies Heroin and Methamphetamine to DTO for VICOCHEA to Sell. 51. The investigation has revealed that VIGIL is second source for heroin and methamphetamine. On June 10, 2016, OSCAR and VIGIL spoke by phone about efforts to ?nd a new source of supply. During that call, VIGIL told OSCAR that a third party had ?paid me at thirty??ve? for the ?window.? VIGIL also said that the third party ?want to give me thirty-three, so that shit went down.? I believe that reference to ?window? indicates that he was talking about selling methamphetamine. I further believe that when VIGIL said the third party paid him he meant that he had received $3,500 for the methamphetamine he sold, but that the third party?s request to buy it at $3,300 (?thirty-three?) indicated to VIGIL that the price of methamphetamine was falling (?so that shit went down?). 52. During that call, OSCAR asked VIGIL ?what did she say? How come she hasn?t come through?? VIGIL responded, ?He said that it?s because it?s been slow, and he called her like the main one.? OSCAR said ?Okay, okay. It?s all good. Let?s make it happen then. So just wait, so that?s eighty?two and eighty-two ?fty each?? agreed. I believe that OSCAR was asking why had not yet obtained more drugs for the DTO and VIGIL responded that not as much supply was available (?it?s been slow?) at the moment. I further believe that OSCAR then calculated that he and VIGIL would each contribute $8,250 to the purchase of some quantity of drugs which cost $16,500. 53. During that same call, OSCAR told VIGIL that he had ?the two pounds of that shit and then I got the pound of hash and then I got the pack of weed.? VIGIL asked if he should go get it and OSCAR agreed. OSCAR said he had ?a pound of the cold water hash also.? I believe that in this portion of the call, OSCAR was offering to supply VIGIL with marijuana and concentrated cannabis for VIGIL to sell, and that OSCAR was going to trade those drugs against 28 Case Document 1-1 Filed Page 29 of 62 the other drugs he and VIGIL had discussed earlier. 54. Towards the end of the call, VIGIL asked whether OSCAR wanted VIGIL to ?take that one to that fool for Mike?? OSCAR said ?[Y]eah, please. and then he?s going to start buying with you.? I believe that, in this exchange, VIGIL asked OSCAR if he (VIGIL) should deliver a unit of drugs to a third person for ?Mike.? I believe ?Mike? is I further believe that when OSCAR said ?he?s going to start buying with you,? he meant that VICOCHEA was going to start buying from directly, and possibly that VICOCHEA was going to take over role in obtaining drugs like heroin and methamphetamine from VIGIL and then distributing them in Northern California. 55. VICOCHEA drove Target Vehicle 2 to Delano, California, to Target Location L, on June 15, 2016 and met with VIGIL. Agents observed VICOCHEA remove two white, cardboard boxes (similar to pizza boxes) from the rear area of his van and walk toward the front door of the residence. Approximately ?ve minutes later, an agent saw a red Toyota Camry arrive at Target Location L. The agent had seen this same car earlier that morning at residence, Target Location M. Agents observed VIGIL get out of the car and carry a black backpack into the house. Less than an hour later, and VIGIL left the house, got into Camry and drove away. When they left the house, VIGIL was carrying one of the cardboard boxes VICOCHEA had brought into the house. VIGIL and VICOCHEA returned to Target Location at about 1 1 am. VIGIL was carrying the same cardboard box as they got out of the car and went into the house. Fifteen minutes later, agents saw BIG JIM open the garage door and move a small pick-up truck from the garage to the driveway. VICOCHEA then backed Target Vehicle 2 into the garage and BIG JIM closed the garage door. At about 11:40 VICOCHEA drove out of the garage in Target Vehicle 2 and got onto Highway 99 heading north towards the San Francisco Bay Area. While passing through Stockton, agents terminated surveillance. Based on GPS tracker data, it appears that VICOCHEA went directly from Target Location to residence in Discovery Bay, Target Location A. 56. Between August 6, 2016 and August 14, 2016, agents have intercepted numerous 29 Case Document 1-1 Filed Page 30 of 62 calls in which VICOCHEA discussed getting rid of ?ice? so that he could get some of the ?other stuf For example, on August 9, 2016, VICOCHEA told a third party that he (VICOCHEA) was ?trying to get rid of hella this ice? and that he was going to ask the third party to network with him because he needed to ?get rid of some of this shit.? VICOCHEA said it was pro?table for sure, but he bought a little too much this time. VICOCHEA offered to give the third party a ?halt? right now. I believe that in this call, VICOCHEA was telling the third party that he had obtained much methamphetamine and that he was trying to sell it quickly so that he could get some of the ?other stuf which I believe referred to heroin. 57. On August 10, 2016, VICOCHEA asked a third palty if the third party knew anyone who needed ?zips? of the ?clear one.? The third party asked what the price was and VICOCHEA said it was ?250.? I believe that in this call, was asking if the third party knew anyone who wanted to buy ounces (?zips?) of methamphetamine (?clear one?) for $250 per ounce. That same day, VICOCHEA also called MEDINA and told MEDINA that he (VICOCHEA) had ?little clear ones? for ?250.? VICOCHEA reiterated that they were ?little zippers.? VICOCHEA said they were at a better price for MEDINA and wanted to let MEDINA know. I believe that in this call, VICOCHEA was advertising the same thing to MEDINA ounces (?little zippers?) of methamphetamine (?clear ones?) for $250. 58. On August 13, 2016, OSCAR and VICOCHEA spoke. OSCAR said VICOCHEA must be ?balling? right now. VICOCHEA said he had some money for OSCAR. OSCAR asked how much VICOCHEA had. VICOCHEA said he had sold ?three of them.? OSCAR then guessed that VICOCHEA had a ?pound and a halt? left. I believe that in this call, OSCAR was telling VICOCHEA that he knew VICOCHEA had been working hard (?balling?) to sell the methamphetamine. I further believe that statement that he had sold ?three of them,? and response that VICOCHEA still had a ?pound and a half? meant that VICOCHEA had been working to sell through four to ?ve pounds of methamphetamine. During this call, OSCAR told VICOCHEA to let OSCAR know when was ready for those ?keys.? OSCAR said ?zip here, zip there, fuck all that,? they were about to do it the 30 Case Document 1-1 Filed 08/191-16 Page 31 of 62 other way. I believe that statements meant that VICOCHEA should let OSCAR know when money together to purchase multiple kilograms of heroin. I further believe that statements about ?zip here, zip there, fuck all that? meant that they were going to start dealing in larger quantities of drugs and were not going to sell ounces any longer. 59. VIGIL not only supplies methamphetamine and possibly other drugs to the DTO, he manages grow house at Target Location L.4 For example, on April 28, 2016, VIGIL sent OSCAR a text message asking ?Yu think we could transfer tomorrow they needed, Huey,? which I believe was a request to OSCAR to transfer money to VIGIL so that VIGIL could pay bills to keep the house operating. On May 28, 2016, GOMEZ told OSCAR that BIG JIM said they had not yet changed over the third room because ?Chep? wanted to wait until they got bigger. I believe this meant that, according to BIG JIM who lives in the grow house at Target Location VIGIL (?Chep?) said they should not convert another room of the house to a marijuana grow room until the plants were larger. I further believe this demonstrates that VIGIL was managing the marijuana grow for OSCAR at Target Location L. 60. On June 5, 2016, OSCAR sent VIGIL a text message partially in Spanish and partially in English which, translated, said ?What?s going on dude? Just send me your account number and I?ll put money in for the bills.? The next day, VIGIL sent OSCAR an account number. Later that day, OSCAR sent a text message to MELINA with that account number and the name of the account holder. He told her, ?$2600 for our bills $3400 for my Delano bills $10.00 for ur acct.? A minute later he sent her: ?Let me know as soon as deposit is mAde for Delano please so Chep can take care of biz he is standby?. I believe that ?Chep? refers to VIGIL and that OSCAR was directing MELIN A to make a deposit into bank account so that VIGIL could pay the rent and utilities for the Delano grow house, Target Location L. H. VICOCHEA Also Manages One of Marijuana Grow Houses. 4 The evidence indicating that Target Location is BIG residence and that it is a grow house is discussed below. 31 Case Document 1-1 Filed 08/191165 Page 32 of 62 61. Not only does VICOCHEA distribute methamphetamine and heroin for OSCAR, he also manages one of grow houses at Target Location K. Agents intercepted a call on May 11, 2016 between OSCAR and GOMEZ in which OSCAR directed GOMEZ to go to ?Mike?s? to put in lights. OSCAR and GOMEZ also discussed zippers, plastic, light hoods, a hydroponics store, Cool Bloom, ?lters and water. I know that all of these items are things that can be used to set up an indoor marijuana grow. I believe that OSCAR was directing GOMEZ to help set up, or add to, a marijuana grow at (?Mike?s?) residence, Target Location K. I 62. Later that day, VICOCHEA and OSCAR spoke by telephone. During that call, said things were looking great and that the lights were coming on. He said they were on day 26 and that June 9 would be day 56. I believe that references to ?day 26? and ?day 56? indicated that he was keeping track of how many days his marijuana plants had been growing, and was calculating the approximate date they would be ready to harvest. I know that indoor marijuana grows can be ready for harvest every 60 to 90 days, depending on how they are grown. Indeed, on June 10, 2016, VICOCHEA told OSCAR that they were ?trimming.? OSCAR asked if they were ready and said they still needed to dry a bit. I know that, after marijuana growers harvest their marijuana plants, they dry the plants and then trim all of the excess plant material stems and leaves away from the buds. They often refer to this process as ?trimming.? Based on the substance of the conversation and the time, as well as my training and experience, I believe VICOCHEA was informing OSCAR that he had harvested plants growing at his house and that they were in the process of preparing the buds for sale. 63. I also believe, based on physical and electronic surveillance, that VICOCHEA resides at Target Location K. Agents have been using a pole?mounted camera to monitor the outside activity at Target Location since January 2016. Agents have seen come and go from that residence almost every day since then. And an administrative subpoena shows 32 Case Document 1-1 Filed 08/19/16 Page 33 of 62 that ?Michael Vicochea? is the subscriber to the utilities at Target Location K.5 And on August 13, 2016, called Round Table to order a pizza. He gave his name and his address as Target Location K. 64. OSCAR also visits Target Location K. For example, on July 11, 2016', at approximately 1:04 pm, agents monitoring the pole camera viewing Target Location saw a black Toyota Prius arrive and park in the driveway. They observed exit the residence and remove what appeared to be a wheelchair from the rear hatch area of the Prius, help OSCAR out of the driver seat and into the chair, and then push OSCAR in his wheelchair towards the front door and out of sight of the camera. 65. GPS trackers on vehicles that VICOCHEA and others drive also show the connections between the members. For example: a. On July 1, 2016, agents monitoring the pole camera saw VICOCHEA exit Target Location K, get into a black Chevrolet Tahoe (Target Vehicle 1) and drive away. A GPS tracker on that vehicle indicated that VOCOCHEA drove to the immediate area of 1 residence Target Location B. b. On July 9, 2016, agents again saw VICOCHEA leave Target Location K, get into his silver Dodge Caravan (Target Vehicle 2) and drive away. A GPS tracker on that vehicle indicated that it went to the immediate area of house Target Location F. c. On July 11, 2016, between approximately 3:00 and 4:45 pm, GPS location data indicated that Caravan (Target Vehicle 2) was in the area of residence Target Location B. d. On July 19, 2016, GPS location data indicated that both the silver Dodge Caravan (Target Vehicle 2) and the black Chevrolet Tahoe (Target Vehicle 1) were in the immediate area of residence Target Location C. c. On July 30, 2016, GPS location data indicated that the black Chevrolet 5 father?s name is also Michael Vicochea. Agents believe that the elder Mr. Vicochea also resides at Target Location K. Case Document 1-1 Filed 08/19/46 Page 34 of 62 Tahoe (Target Vehicle 1) was in the immediate area of residence - Target Location A. Later that afternoon, GPS location data indicated that Target Vehicle 1 was in Delano, in the immediate are of Target Location L. This was con?rmed through the pole camera footage at Target Location L. I. Controlled Purchases of Heroin, Cocaine, Alprazolam and a Firearm. 66. On December 21, 2015, an undercover DEA agent purchased 2,000 suspected alprazolam pills from VANLEER outside Oakland apartment, Target Location B. 67. On December 31, 2015, the UC purchased 1,000 suspected alprazolam pills and 27.3 grams of cocaine from VANLEER, also at Target Location B. 68. On January 15, 2016, the UC purchased a Beretta CX4 Storm .40 caliber handgun from one of associates. The day before that deal, OSCAR sent that associate a text message that said ?Aye young gee you selling that barretta for me in the morning right don?t forget $1,800 white boy. Just give Mikey the money you should be going back to Delano tomorrow.? The next morning, the UC met with the associate and gave the associate $1,800 and received the pistol. Based on my knowledge of the facts of this investigation, I believe that ?Mikey? refers to VICOCHEA the associate came from residence (Target Location K) to deliver the gun and then returned to that location after receiving the money. 69. On January 21, 2016, the UC purchased approximately two ounces of suSpected cocaine and 2,000 suspected alprazolam pills from VAN LEER outside Target Location B. 70. On February 16, 2016, the UC purchased 31.5 grams of heroin and 2,000 suSpected alprazolam pills from VANLEER outside Target Location B. 71. On March 11, 2016, the UC purchased 88.7 grams ofheroin from one of associates, MEDINA. The UC an'anged the deal with VANLEER, and VANLEER sent MEDINA to deliver the drugs. As with the prior deals, this deal took place outside apartment, Target Location B. Case Document 1-1 Filed 08/191115 Page 35 of 62 72. On August 10, 2016, VICOCHEA told a third party during a phone conversation that he was at ?Buggy?s house,? which he referred to as ?my little stash spot.? I believe this means that uses Target Location as a place to store drugs. 73. On March 28, 2016, the UC called VANLEER to arrange the purchase of a half pound of heroin. VANLEER directed the UC to contact MEDINA for future drug purchases. Thus on April 4, 2016, the UC contacted MEDINA and asked for a ?half which meant a half pound. The UC asked ?how much want for that? and MEDINA responded ?8500? which the UC understood to mean $8,500. I know that $8,500 is approximately the current price for a half pound of heroin. The UC asked ?Is that for a full hp cause last time we got me the 253 and that was short.? This was a reference to the prior purchase of two ?pieces? of heroin from VANLEER and MEDINA the ?pieces? should have been 25 grams each, but were less than that. MEDINA responded ?Yea we?re Guna throw in what we owe you from last time too.? Thus, on April 7, 2016, the UC met with MEDINA gave him $8,500 for a half pound of what was supposed to be heroin. However, a subsequent lab test of the substance MEDINA sold revealed that it contained caffeine, but no detectable amount of heroin. Based on physical surveillance, I know that MEDINA came from Target Location to the deal and then returned to Target Location immediately after. 74. On June 2, 2016, I sent MEDINA a text message (acting asthe UC) which said that the UC had ?85 for a half this trip,? which meant that the UC was willing to purchase another half?pound of heroin for $8,500. At the time of this communication, agents had not yet received lab test results from the prior purchase and did not know that the substance did not contain heroin. MEDINA agreed and met the UC on June 8, 2016. MEDINA gave the UC a half?pound of a brown granular substance (similar in appearance to two prior purchases, one of which did contain heroin) and the UC gave MEDINA $8,500. A subsequent lab analysis of the substance MEDINA sold revealed however that it contained caffeine, but no detectable amount of heroin. 35 Case Document 1-1 Filed 08/19/16 Page 36 of 62 J. PEP Manages a Marijuana Grow at Target Location G. 75. On May 28, 2016 at approximately 11:43 am, agents intercepted a telephone call between OSCAR and PEP in which PEP told OSCAR that he had gotten into an argument with the owner of an auto repair shop, which I believe was the ?Insurance Collision Center? located at Target Location G. According to PEP, the shop owner demanded more money from PEP, which PEP could or would not provide. PEP said that the shop owner then pulled a knife on him. PEP backed the shop owner down. PEP then told the owner that was gonna give him half the pound money right now, but I said fuck all that. I went upstairs and grabbed the rest of the pounds. He put them in the bag for me. I said I ?m out of here nigga . . OSCAR responded ?No, I feel it. Then what happened? What?d you guys leave it at?? PEP replied, just left.? Based on my training and experience and my knowledge of the facts of this investigation, I believe that in this conversation, PEP was telling OSCAR that the owner of the shop wanted more money from PEP, possibly for the use of the space to grow marijuana, and that the conversation had turned into an argument that almost involved physical violence. I believe that when PEP said he was going to give the owner ?half the pound money,? he was referring to drug proceeds he had planned to share with the shop owner. I ?irther believe that when PEP said ?fuck all that,? and that he ?went upstairs and grabbed the rest of the pounds,? he meant that he had not given the shop owner any money and had instead gone and gotten the rest of the drugs stored in the repair shOp and then left with the money and the drugs. 76. On August 10, 2016, OSCAR called VICOCHEA and told VICOCHEA to ?get that ounce ready? because one of lower-level associates had a buyer for it. OSCAR told to meet him over there by ?Pep?s? by Laney College. Based on telephone intercepts described above, I believe that OSCAR was telling that he had a buyer for an ounce of the methamphetamine that was trying to sell and that they should meet at the location where PEP maintained a marijuana grow, Target Location G. I know that Target Location is near Laney College in Oakland. A surveillance team arrived at Target Location about 45 minutes later and saw Dodge Caravan (Target Vehicle 2), 36 Case Document 1-1 Filed Page 37 of 62 gray In?nity (CA 6MUH022) and white Chevrolet van (CA SSWCOSS) all parked in front of Target Location G. Agents saw VICOCHEA leave Target Location and get into his van and drive away. GPS tracker data indicate that VICOCHEA went to residence, Target Location F. lower-level associate arrived a short time later (driving Target Vehicle 1) and went into Target Location G. then returned and re?entered Target Location G. Almost two? hours later, the associate left Target Location and leaned into Target Vehicle 1 and appeared to manipulate the center console. He then returned to Target Location G. 77. On August 16, 2016, VICOCHEA called PEP and told PEP that he was on his way over there, and a that third?party ?might take all PEP said he was not going lower than ?22 for these?. VICOCHEA told PEP he was ?about to pull up on him?. During this time, a surveillance team saw VICOCHEA arrive at Target Location driving Target Vehicle 2. VICOCHEA parked and went inside Target Location G. Within ten minutes, he came back out carrying a large trash bag, which appeared to be ?Jll. VICOCHEA then walked around the corner from the location, out of sight from agents on surveillance. Shortly thereafter, VIOCHCEA contacted the third-party and informed him that he was in ?Oakland with all 5 of them?. Based on telephone intercepts and the surveillance team?s observations, I believe that PEP supplied ?ve pounds of marijuana to VICOCHEA and that the marijuana came from Target Location G. I ?irther believe that when PEP said he wasn?t going lower than ?22 for these,? he meant that he expected at least $2,200 per pound. K. ILOUIE Helps OSCAR Obtain Concentrated Cannabis to Distribute. 78. LOUIE is one of junior associates. He works at the Gift 2 Gab store, does odd jobs for OSCAR works in grow houses and assists OSCAR in producing concentrated cannabis from the stems, leaves and other trimmings left over from the marijuana production. For example, on May 1, 2016, OSCAR and LOUIE spoke by phone and OSCAR asked if LOUIE had the ?wax.? LOUIE said he did not, that his ?guy? said it was not cured yet. 37 Case Document 1-1 Filed Page 38 of 62 I know that ?wax? is a common slang term for concentrated cannabis made by packing marijuana stems, leaves and other plant parts into a tube and passing butane through the tube to leach out a resin, which is then collected at the end of the tube. I know that this process is very dangerous and frequently results in explosions. 79. On May 10, 2016, agents intercepted two calls between OSCAR and VIGIL in i which OSCAR told VIGIL that he gets 560 grams for 10 pounds of trim, and that he had ?pounds? of wax to provide to VIGIL. I believe that OSCAR meant he would get 560 grams of ?wax? for every 10 pounds of ?shake? the stems, leaves and other extra parts of the marijuana plant that he provided to the wax manufacturer. 80. On May 16, 2016, he got it and that he was at ?the Shep,? which I believe means the Gift 2 Gab store, Target Location I. OSCAR asked how many grams and LOUIE said 360 grams. OSCAR was angry that it was only 360 grams from 9.5 pounds of ?shake.? In this exchange, I believe OSCAR was angry because he believed he had provided almost 10 pounds of shake, but gotten far less than 560 grams of wax. LOUIE told OSCAR that it did not add up to 9.5 pounds when the guy weighed it out. OSCAR asked how it looked and LOUIE said they looked nice. OSCAR told LOUIE to put it in the back so it did not smell up the shOp. In a later call, OSCAR asked LOUIE if it was in pizza boxes and LOUIE af?rmed. I believe this was a reference to the fact that wax is commonly packed in pizza-type boxes. OSCAR told LOUIE that ?Claudia? which I believe was a reference to MUNOZ was about to pull up and asked LOUIE to weigh out 150 grams. I believe this indicated that MUNOZ was going to Target Location I to pick up 150 grams ofthe wax from LOUIE. 81. LOUIE also distributes drugs for OSCAR. For example, on April 28, 2016, OSCAR and LOUIE exchanged several calls and text messages regarding money that Louie owed OSCAR for a ?half pee,? which the agents believe refers to a half pound of some drug, possibly marijuana. OSCAR then directed LOUIE to deposit the money at a Bank of America branch and gave him two account numbers to use, both in his name. On May 21, 2016, LOUIE told OSCAR that he had the ?dough? from ?Brah.? OSCAR asked if he gave LOUIE a ?rack? 38 Case Document 1-1 Filed Page 39 of 62 and LOUIE said yes. I believe that the term ?rack? means $1,000, and that LOUIE was telling OSCAR that he had $1,000 for OSCAR that one of customers had paid him. LOUIE then said he was headed to ?Tippy Tep,? which I believe is the name the members use for Target Location C, and would see OSCAR there. 82. On June 1, 2016, LOUIE asked if OSCAR had ?sherbert,? which I know refers to a strain of marijuana, and how much they were selling for. OSCAR said which I believe means $2,200, an average price for a pound of indoor-grown marijuana in this area. LOUIE said he would call back, that he had someone who wanted two or three. OSCAR told LOUIE it was going fast and that he only had about 6 left. I believe LOUIE meant that he had someone who wanted to buy two or three pounds of marijuana from OSCAR, and that OSCAR was warning that buyer would have to act fact because OSCAR had almost sold all of the marijuana he had. On August 7, 2016, OSCAR sent LOUIE two text messages also related to LOUIE distributing marijuana for OSCAR: got some pounds here I want you to sell said he might be able to dump? and ?2 of these sherbs?. 83. LOUIE went to see OSCAR later that day, August 7, 2016. When LOUIE got to neighborhood, he called OSCAR and told OSCAR to call the gate OSCAR lives in a gated community because he was there. OSCAR then called the front gate and the person at the front gate said ?Louis Ramirez? was there. OSCAR said to let him in. After LOUIE left, OSCAR called LOUIE and told him that ?Jets? would get ?the sherbert one.? OSCAR then called an Unidenti?ed Male presumably ?Jets? and said LOUIE was in the city. OSCAR gave telephone number to the UM. L. OSCAR Launders the Proceeds of His Drug Business Through Gift 2 Gab and His Own, and Others? Bank Accounts. 84. Based on facts obtained during this investigation, I believe the OSCAR owns a business called ?Gift 2 Gab? which he uses to launder the proceeds of his drug business. G2G is a clothing company and tattoo shop with locations in San Jose and San Francisco, California (Target Location 1). Based on grand jury subpoena returns, physical 39 Case Document 1-1 Filed 08/1946 Page 40 of 62 surveillance and intercepts from two periods of monitoring phones, I believe that G2G transacts very little, if any, legitimate business. A query of the California Board of Equalization database revealed that G2G was registered with BOE as of March 19, 2014. The address on file for company is 30 3rd Street in San Jose, CA, and OSCAR is listed as one of the of?cers of the entity. As of June 12, 2015, G2G had reported gross sales of$12,876. 85. Agents have also intercepted numerous calls between OSCAR, LOUIE and another associate, indicating a casual approach to managing the shop as a regular business. For example, on April 30, 2016, agents intercepted a call in which LOUIE told OSCAR, at 11:36 am, that he was about to Open up the store. I believe LOUIE was referring to the G2G store in San Francisco Target Location I. On May 26, 2016, OSCAR and another assocaite spoke by telephone at about 10:41 am. During that call, the associate said he was driving to the store. On June 19, 2016 at approximately 11:26 am, agents intercepted a call from a third party to OSCAR in which the third party said he had been waiting all morning for the door to be opened but that there was no one there. OSCAR then called LOUIE and asked where the keys to the store were, and that ?Miguel? was waiting outside to get into the store. LOUIE said that another associate had the keys. OSCAR then called that associate and told him that Miguel was waiting. OSCAR told the associate to give Miguel the keys so there would not be any problems after that. 86. In addition, on August 16, 2016, at approximately 2:00 pm, two law enforcement of?cers acting in an undercover capacity went to 62G to purchase something. They found the business?s front door locked and it did not appear that anyone was inside. There were no hours posted on the door. 87. In addition, on April 30, 2016, in the same series of calls in which LOUIE said he was going to Open up the G2G store around 11:30 am, LOUIE told OSCAR that he had $1,260 to give to OSCAR. OSCAR told LOUIE ?Yo leave that $260 owe in the drawer please thank 11 Sir?. I believe this was a reference to putting $260 that LOUIE owed OSCAR for drugs into the cash register at G2G. Indeed, OSCAR and LOUIE Spoke after that and OSCAR told LOUIE to send a text message with the amount he was leaving, so OSCAR would know. LOUIE texted: 40 Case Document 1-1 Filed 08/19/426 Page 41 of 62 ?1260 i got more but this is what i got on me so a rack and ur 260 i owe then called another associate and asked if LOUIE had left money. When the associate con?rmed, OSCAR told the associate to take it and put it with the $500 that the associate owed OSCAR. OSCAR added that if the associate gave OSCAR $500, that would cover the which I believe refers to a quarter pound of drugs, and then the associate would only owe OSCAR for the ?two zips.? I know that ?zip? is a common slang term to refer to an ounce lof drugs, commonly marijuana or cocaine. OSCAR also said that the money was not out of the register, it was out of pocket. OSCAR said he was paying a third party named ?Ernie? with ?trees? and he was paying out of his pocket, not the register. I know that ?trees? is a common slang term for marijuana. I believe that this call indicates that OSCAR was paying possibly an employee or a person supplying merchandize to the store with marijuana, and thathe was not paying that person with cash taken from the store?s cash register. Agents intercepted a text message from OSCAR to Emie on June 20, 2016, in which OSCAR said ?What up Ernie this is Oscar I have some tree here for you for what we owe you that?s why Louie was calling you?. This text message also indicates that OSCAR is paying either an employer or a person who supplies merchandize to the store with ?tree,? or, marijuana. 88. The bank records for G2G Show account activity inconsistent with a retail store. For example, there are no payroll checks or business checks to other entities, such as suppliers of merchandize the store might sell. There are very few deposits from credit card companies, indicating that G2G does few credit card transactions. This is unusual for any retail business, in particular a business with an online presence. Instead, the account records show large cash deposits made out of state, followed by cash withdrawals in the San Francisco Bay Area. For example, on March 28, 2016, a $9,500 cash deposit was made into business account at 21 Wells Fargo branch located in Memphis, TN. After this deposit and also on March 28, 2016 cash withdrawals of $5,000 and $4,500 were made from business account at a Wells Fargo branch located in Brentwood, CA. This is inconsistent with a business with physical storefronts in San Jose and San Francisco. 41 Case Document 1-1 Filed 08/1946 Page 42 of 62 89. bank accounts show multiple cash deposits from locations in other states, followed by cash withdrawals in the greater Bay Area. For example, On October 23, 2015, a $9,300 cash deposit was made into account at a Wells Fargo branch located in Memphis, TN. On October 26, 2015, a $6,500 cash deposit was made into account at a Wells Fargo branch in Miramar, FL. On October 27, 2015, an $11,100 cash deposit was made into account at a Wells Fargo branch in Memphis, TN. On October 28, 2015, a cash withdrawal of $8,000 was made from account at a Wells Fargo branch in Tracy, CA. 90. On December 16, 2015, a $6,000 cash deposit was made into account at a Wells Fargo branch in Tuscaloosa, AL. Based on bank surveillance photos, I believe that VICOCHEA made that deposit. Also on December 16, 2015, a cash deposit of$l,100 was made into account at a Wells Fargo branch in Miramar, FL. Finally, on December 16, 2015, a cash deposit of $3,000 was made into account at a Wells Fargo branch in Hollywood, FL. 011 December 17, 2015, a cash withdrawal of $8,000 was made from account at a Wells Fargo branch in Santa Clara, CA. 91. On February 12, 2016, a $9,000 deposit was made into Wells Fargo account at a Wells Fargo branch in Tuscaloosa, AL. Based on bank surveillance photos, I believe that VICOCHEA made that deposit. That day, someone made a $9,000 deposit to Wells Fargo account also from a Wells Fargo branch in Tuscaloosa, AL. Agents have not yet obtained surveillance photos from that deposit, but it is on the same day and in the same city, and in the same amount, as the $9,000 deposit VICOCHEA made to account. 92. The activity in accounts is consistent with ?funneling.? ?Funneling? is the money laundering technique of depositing large sums of cash in a state or area outside of the account holder?s state of residence or area, followed by withdrawals of that cash, or some part of it, from the bank account in the account holder?s state or area residence. Funneling occurs through a ?funnel account.? The purpose of Tunneling through a funnel account is to move large amounts of currency involved in illegal activities over large geographical distances without the risk, time, and effort involved in physically transporting the currency over that distance. Use of 42 Case Document 1-1 Filed 08/191165 Page 43 of 62 a funnel account permits drug traf?ckers and others involved in illicit activities to access illicit money almost immediately. Funneling avoids the traditional, slower, and riskier method of moving cash through US. mail, commercial shipping companies, or human couriers. Funneling can occur anonymously. Drug traf?ckers will typically provide their bank account number to a co?conspirator or customer located across the country. These co?conspirators or customers will then deposit their cash payment to the traf?cker into that bank account at their local bank branch in their state. The co?conspirator or customer will often keep the cash deposits below $10,000.01 so as to avoid triggering the bank?s obligation to ?le a Currency Transaction Report. This prevents the individual making the deposit from having to provide personal identi?cation to the bank branch. Once a deposit is completed, the traf?cker will have nearly immediate access to payment and can withdraw it at a bank branch near his or her residence. This practice allows the traf?cker to conduct transactions quickly and with little risk of law enforcement interdiction. 93. It appears that OSCAR also uses bank accounts to receive, store and distribute money for his drug distribution business. For example, on June 24, 2016, OSCAR called MELINA and told her to go to the-bank and ?grab that out.? She asked if he needed her to ?grab it out,? because it might look ?hot.? He then clari?ed that she needed to grab ?7,000? because ?Mike? needed to be paid. Earlier that day, OSCAR had contacted VICOCHEA and asked VICOCHEA to come by house that evening so he could get some money. Based on my training and experience and my knowledge of the facts of this investigation, I believe that OSCAR was directing MELTNA to withdraw $7,000 from her account in order to pay VICOCHEA. About four hours later, NIELTNA called OSCAR and said she wasn?t sure if OSCAR wanted her to take that out or leave it in for a couple more days. OSCAR told her to take it out. I believe that MELTNA was again warning OSCAR that the bank might View it as suspicious if she withdrew so much cash soon after it was deposited into her account. 94. On February 12, 2016, a cash deposit of $9,000 was made into Wells Fargo account at a Wells Fargo branch located at 1427 Greensboro Avenue in Tuscaloosa, AL. VICOCHEA made that deposit. On February 16, 2016, a cash withdrawal of $5,000 was made 43 Case Document 1-1 Filed 08/19u6 Page 44 of 62 from account at a Wells Fargo branch located at 1 1 15 2"d Street in Brentwood, CA. 95. On March 28, 2016, a cash deposit of $9,500 was made into Wells Fargo account at a Wells Fargo branch in Memphis, TN. That same day, a $9,938 deposit was made to the same account from a different Wells Fargo branch also located in Memphis. Thus, a total of $19,438 was deposited to accounts on March 28, 2016 in two separate transactions. Bank surveillance photographs indicate that VICOCHEA made both deposits. VICOCHEA also made a $9,500 deposit into account that same day from a different Wells Fargo branch in Memphis, TN. V. Additional Facts Regarding the Target Locations A. Target Location 96. I believe that Target Location is one of marijuana grow houses, and that MIAMI is partner-investor in the Operation at that house. I believe that PELON helps operate that grow and the LOUIE works there as well. 97. On May 2, 2016, OSCAR told an associate that PELON was buying ?lters and blowers to ?nish up the house in Antioch. I believe the terms ??lters? and ?blowers? refer to the ventilation system that marijuana growers use to decrease the signature smell of a marijuana grow from the indoor air before that air is vented to the outside. I further believe that when OSCAR said the equipment was to ?nish up the house in Antioch, he was referring to Target Location D. 98. On May 30, 2016, OSCAR called PELON and asked what PELON was doing. PELON said he was cleaning the baby room because the ?clones? were ?lthy. I believe the words ?baby? and ?clones? refer to juvenile marijuana plants. OSCAR asked how the ?kush? was looking and if it was drying, and PELON af?rmed. OSCAR asked if they would be ready that day or the mm, and PELON said they were still moist. I know that ?kush? is a strain of marijuana. I believe that these questions referred to harvested marijuana plants that were drying a step towards processing them for sale. Finally, OSCAR told PELON that he wanted PELON Case Document 1-1 Filed Page 45 of 62 to check on the ?other spot.? OSCAR told PELON to count the babies there. PELON said 16 had died. OSCAR asked him to count how many were still alive. PELON called back about 10 minutes later and said there were 127 still alive. 99. On August 6, 2016, OSCAR called VICOCHEA and asked VICOCHEA to take ?the truck? to house because OSCAR had to carry all the ?dOpe? over there. At about 1:50 pm, agents saw the black Chevrolet Tahoe (Target Vehicle 1) backed into the garage at I Target Location D. A gold BMW sedan registered to MIAMI was parked in front of the residence. The agents saw MIAMI exit Target Location and get into the passenger side of the BMW. MIAMI then got out and got back into the car on the driver?s side. VICOCHEA then drove the Tahoe out of the garage. PELON got into the Tahoe with VICOCHEA and the two drove away. VICOCHEA and PELON returned Target Location less than an hour later and VICOCHEA again backed the Tahoe into the garage. 100. Around this time, OSCAR called and asked where VICOCHEA was. VICOCHEA said he was still there and that he needed three more bags. OSCAR asked if VICOCHEA was at ?the spot.? af?rmed. VICOCHEA said he might have to do two loads, that the truck was ?ill. OSCAR asked how much the charged at the dump or whether VICOCHEA dumped it somewhere else. VICOCHEA said he dumped it somewhere else. OSCAR said there was house garbage in there, and that MIAMI was dumb because if they found it, they would come back over there. I believe that OSCAR was checking on and asking about efforts to dispose of marijuana?related materials from the house. I believe that his statement about house garbage being mixed in meant that he was concerned that if someone especially law enforcement found the garbage and sifted through it, they would be able to ?gure out where the marijuana grow was. 101. Later that day, OSCAR called MIAMI and told him to give ?Mike? money to ?dump the shit.? MIAMI agreed and said he also had to pay an extra $100 on the rent because it was overdue. MIAMI said it was $2,450. OSCAR said he would drop it in the account right now so MIAMI could pay the rent. Case Document 1-1 Filed Page 46 of 62 102. On August 9; 2016, OSCAR and PELON exchanged calls and text messages that I believe related to a marijuana harvest and dissatisfaction with the amount of marijuana PELON had produced for OSCAR to sell. OSCAR asked what the count upstairs was. PELON said 8. OSCAR said it was ?hella short.? OSCAR then sent PELON a text message: ?Darn bro you hella let me down wit this crop?. weren?t feeding them that?s why this shit hella short that?s why those 2 plants dried up?. OSCAR and PELON then argued about whether PELON had done a good job, with OSCAR eventually saying ?Bro know the plants talk to a nigga were letting them cus they still had water I know this is what I do?. B. Target Location 103. On August 10, 2016, VICOCHEA called MEDINA and told MEDINA that ?Cuddy? and ?Pep? wanted to grab a from MEDINA. VICOCHEA also told MEDINA that he (VICOCHEA) he had some ?trees,? ?3 Ps? for MEDINA. I believe that in this call, VICOCHEA was telling MEDINA that OSCAR (?Cuddy?) and PEP wanted to pick up $1,000 in drug proceeds from MEDINA. I further believe that VICOCHEA was letting MEDINA - know that he (VICOCHEA) had three pounds of marijuana for MEDINA. 104. On August ll, 2016, VANLEER called VICOCHEA and said that he (VANLEER) was at the ?main house.? Agents conducting surveillance reported that, at the time of this call, VANLEER was at residence, Target Location F. VICOCHEA said he had ?two of ?sherbert? and that they smelled good. VICOCHEA said he got them for $1,800 and was going to sell them to MEDINA for ?two bands.? VICOCHEA asked VAN LEER not to tell MEDINA about the price difference. I believe that in this call, told VANLEER that he had two pounds (?two of marij uana (?sherbert?), which he was going to give to MEDINA to distribute. I believe was going to charge MEDINA $2,000 (?two bands?) per pound. I ?irther believe that VICOCHEA did not want VANLEER to tell MEDINA about the price difference because VICOCHEA did not want MEDINA to know that VICOCHEA was not only going to collect some of the drug proceeds after MEDINA sold the 46 Case Document 1-1 Filed Page 47 of 62 marijuana, VICOCHEA was in?ating the price he charged MEDINA for the drugs up front. 105. On August 13, 2016, a third party called VICOCHEA and asked could sell him something. VICOCI-IEA asked what the third party was trying to get and he said ?the 150.? VICOCHEA told the third party to go straight to ?him? and that VICOCHEA would. call ?him,? VICOCHEA then called MEDINA and told MEDINA that one of his friends wanted to buy an ?8-ball? from MEDINA. MEDINA agreed. I know that ?8?ball? is a common slang term for 1/8 of an ounce approximately 3.5 grams. I believe that VICOCHEA directed his friend to MEDINA to buy the small quantity of drugs because VICOCHEA does not deal in amounts that small. C. Target Location 106. Based on wire intercepts, I believe that OSCAR recently rented the Space next to his Gift 2 Gab store in San Francisco (Target Location I), and that he is constructing a marijuana g'row there. The address of the new space is 5240 Mission Street in San Francisco Target Location H. 107. On June 18, 2016, a surveillance team saw members of the DTO, including OSCAR and GOMEZ, moving sheetrock, insulation foam and other materials into Target Location H. The team saw that Target Location H, labeled ?Harrison Benavente Tax Services,? had brown paper covering all the windows, and the front door-was open. silver Dodge Ram (CA 88521 17) and Target Vehicle 1 were parked out front. 108. On August 8, 2016, OSCAR called a roofer and told him that he (OSCAR) needed some work done in San Francisco at 5240 Mission Street. OSCAR said he needed two holes. The roofer asked what size and OSCAR said The roofer said he might be able to make it between 4 and 5 pm. Immediately after this call, OSCAR had the text message exchange with ABDELWAHHAB (described above) in which OSCAR asked whether a 14?inch exhaust would be large enough for a 12?light big room, and about the number of ?babies? he could ?t in a 4-1ight room. 47 Case Document 1-1 Filed 08/19?6 Page 48 of 62 109. OSCAR then called GOMEZ and told him that he might haveto let the roofer in later, around 5 pm. OSCAR then repeated to GOMEZ some of the information ABDELWAHHAB had provided, about the proper height of the lights ?at the store? and to set them at 600 watts. OSCAR reminded GOMEZ to let the roofer in, saying he wanted to ?get that running.? GOMEZ agreed. D. Target Location 110. On July 10, 2016, TFO Pereira checked the GPS location of silver Dodge Caravan (Target Vehicle 2). At this time, the vehicle was in the area of Target Location J. 111. On July 12, 2016 and July 16, 2016, an agent observed In?nity sedan (CA 6MUH022) parked in the driveway at Target Location J. 112. On July 25, 2016, agents served with an administrative subpoena regarding Target Location J. According to reSponse, PEP is the subscriber to the utilities at Target Location J. The phone number PEP listed with is the same one PEP has used in intercepted calls related to the operations. E. Target Location 113. In addition to the facts stated above, the following facts support probable cause to believe that there will be evidence of violations of2l U.S.C. 846, 843(b) and 841(a)(1) at Target Location K. On June 12, 2016, agents intercepted calls indicating that VICOCI-IEA was going to bring 9 pounds of marijuana to OSCAR for OSCAR to sell to MIAMI. Agents monitoring a pole camera saw VICOCHEA leave Target Location in his Dodge Caravan (Target Vehicle 2) carrying a black garbage bag that appeared half full. About 20 minutes later, agents observed VICOCHEA arrive at residence, Target Location A. VICOCHEA got out of the van carrying the same garbage bag and walked up the driveway, out of sight. A. half?hour later, VICOCHEA left residence empty?handed and left. About 10 minutes later, MIAMI and another person arrived at residence. When they exited 4s Case Document 1-1 Filed Page 49 of 62 residence an hour later, MIAMI was carrying a large ?Rubbermaid? type container, which he put in the trunk of the car he and his companion were driving. F. Target Location 114. On March 22, 2016, OSCAR, GOMEZ and REAYOUNG traveled to Mexico, I believe to meet up with an associate who had been deported just days earlier. That associate had been caught in a marijuana grow house in Tracy and convicted of cultivating marijuana. Based on pole camera surveillance and cell phone location data, I believe that the trio met at residence at Target Location K. From there, they traveled to Target Lecation L, where they stayed for two to three hours before continuing south. Over the next two days, cell phone traveled around the United States/Mexico border and Tijuana, Mexico. They. ?nally returned to Target Location in the early morning of March 25, 2016. 115. On May 3, 2016, at about 5:04 pm. GOMEZ called OSCAR. During that call OSCAR asked GOMEZ where ?Big Jim? was. GOMEZ told OSCAR that ?Big Jim? wasn?t going to make it until midnight because he was in Tehachapi. OSCAR con?rmed that ?Big Jim? had not made it to Delano yet, and told GOMEZ to make sure that ?Big Jim? went to the ?arches? for 150 ?little small cuttys.? OSCAR told GOMEZ not to forget the 28 that were already there. GOMEZ con?rmed ?Big Jim? would do that. Later that night, agents observed Toyota Tundra truck registered to BIG JIM arrive at Target Location and pull into the garage. The Tundra left about an hour later, at about 10:03 pm. At the agents? request, a California Highway Patrol of?cer stopped the truck for speeding on Highway 99 as it traveled north away from Delano. The of?cer identi?ed the driver as BIG JIM and found approximately 40 marijuana clones inside BIG truck. BIG JIM said he was going to deliver the plants to the Tracy, California area. The of?cer cited BIG JIM for the vehicle code violation and released him. The next morning, OSCAR called GOMEZ and told GOMEZ to tell ?Jim? to ?get his ?Jcking white boy ass out here now.? Later that day, agents monitoring a pole camera observed BIG Toyota Tundra arrive at Target Location E. Agents conducting surveillance drove 49 Case Document 1-1 Filed Page 50 of 62 by Target Location and con?rmed that the Tundra was the same one the surveillance team had seen at the Delano house the previous evening, and which the CHP stopped for speeding. 116. On August 6, 2016, OSCAR and BIG JIM spoke by telephone. BIG JIM said that a third party had taken some ?stuff? and told BIG JIM that OSCAR said it was ok for the third party to get rid of it for OSCAR. OSCAR was angry and asked how much the third party took. BIG JIM said two full ones from the big room and one from the backpack. OSCAR told BIG JIM that BIG JIM was a ?fucking idiot.? OSCAR told BIG JIM that this had been the worst crop ever, that BIG JIM had only grown 9 pounds total 6 from the ?rst time and 3 that the third party took this time. I believe that in this call, BIG JIM informed OSCAR that another person had lied to BIG JIM and told BIG JIM that OSCAR had approved that person taking three pounds of marijuana to sell for OSCAR. I believe that OSCAR was angry because he had not authorized that person to take the three pounds of marijuana, because the house had not produced very much marijuana, and that the third person had taken all of the marijuana from the most recent crop, leaving little to none for OSCAR to sell. 117. OSCAR then called VIGIL and told VIGIL to try to get ?22? for those, which I believe means $2,200 per pound of marijuana that VIGIL distributed for OSCAR. OSCAR further said that he had not made any money on the house, that it was only about 10 pounds total. OSCAR also said that now people were stealing from him (OSCAR). VIGIL denied having anything to do with the missing drugs. . OSCAR said he hoped VIGIL was on board because he (OSCAR) wasn?t playing. OSCAR then called GOMEZ and told him that he was halfway done with Delano which I believe was a reference to Target Location and said it was the worst crop ever. 118. Also on August 6, 2016, OSCAR called MUNOZ and told her that he was driving and needed her to look up a couple of repair places in Delano. She asked if it was for that day and OSCAR said it was, as soon as possible. MUNOZ asked what she should tell the repair place, if she should just say that the AC went out. OSCAR told her to send him a couple listings and he would call. I believe that OSCAR was asking MUNOZ to ?nd an air conditioning repair 50 Case Document 1-1 Filed 08/19/16 Page 51 of 62 place in Delano to service the air conditioner at Target Location L. OSCAR then called two air Conditioner repair places and told them that his address was ?238 Avenida Castro? in Delano Target Location L. One said he could make it by about 5. OSCAR then called BIG JIM and told him that the AC guy was going to be there at 5 pm. and that BIG JIM had to put all the weed away. OSCAR said he didn?t want anything smelling like weed and wanted the place to be completely clean. I believe OSCAR was directing BIG JIM to hide all traces of the marijuana grow from the air conditioner repair person. I know that marijuana growers attempt to keep their grow locations secret in order to protect themselves against robberies and law enforcement investigations. In that same call, BIG JIM informed OSCAR that ?Arch Guy? who I believe is VIGIL came back and dropped ?those three? off. I believe this was a reference to the three pounds of marijuana that OSCAR believed one of workers had taken from Target Location L, and that BIG JIM was informing OSCAR that VIGIL had returned that marijuana to Target Location L. The rest of that day, OSCAR and BIG JIM traded phone calls about BIG efforts to hide evidence of the marijuana grow there. Ultimately, BIG JIM cleaned some rooms with bleach and closed other rooms off to prevent the repair person for seeing inside them. 119. On August 15, 2016, BIG JIM called OSCAR and said he was ?ahnost there,? that he had passed Merced a half hour earlier. I believe this indicates that BIG JIM was traveling up to the Discovery Bay area from Delano. OSCAR told BIG JIM to go ?over there,? where they went last time and asked if BIG JIM remembered. I believe this was a reference to BIG prior visit to Target Location E. BIG JIM called again at about 2:14 pm. and said he was at a gas station up the street. OSCAR then called an Unidenti?ed Male and told him to ?bring down all the clones? because ?he? was going to pick them up in about 10 minutes. I believe that the word ?clones? referred to new marijuana plants. BIG JIM then called OSCAR and said he was in the driveway, and OSCAR called the UM and said that ?Jim? was in the driveway and that the UM should open the garage to let ?Jim? in. OSCAR said ?Jim? had just driven up from Bakersfield. BIG JIM then called OSCAR and OSCAR told BIG JIM there should be 58 sherberts and 3 gorilla glues. I believe this refers to 61 marijuana plants, 58 of 51 Case Document 1-1 Filed 08/19/46 Page 52 of 62 which were the ?sherbert? strain and 3 of which were the ?gorilla glue? strain. At direction, BIG JIM left to get boxes to hold the marijuana plants and then returned to Target Location E. Agents monitoring the pole camera viewing Target Location saw a truck matching BIG truck leave from and return to Target Location during the same times as these calls. 120. The next day, OSCAR and BIG JIM Spoke by phone and BIG JIM told OSCAR that he made it back and that everything was ok. BIG JIM said he put the babies in the coolest room in the house. OSCAR said he would go ?down there? on Thursday and take down the rest of the babies. Based on these calls and the agents observations, I believe that BIG JIM traveled from Target Location to Target Location to pick up ?clones,? meaning new marijuana plants, to use in Target Location L. G. Target Vehicle 1 121. In addition to the facts stated above, the following facts show that OSCAR uses Target Vehicle 1 as part of his criminal operations. 122. On January 21, 2016, Antioch PD stopped Target Vehicle 1 for a vehicle code violation. The of?cer who stopped Target Vehicle 1 identi?ed the driver (from his Mexican ID) as Jacinto Lopez Gonzalez. Gonzalez stated that his current address was 5643 Arcadia Circle in Discovery Bay (Target Location A). LOpez Gonzalez was arrested on September 29, 2015 in a marijuana grow house in Tracy, California. Before the police executed that search warrant, they conducted surveillance and saw cars registered to OSCAR at the house on two different occasions (August 18, 2015 and September 22, 2015). They also discovered that MUNOZ was the subscriber to the utilities for that house. When they executed the search warrant, they found over 230 growing marijuana plants and 39 clones. They also found a U?Haul rental receipt with the name ?Oscar Escalante? on it and the email address claudiarnunole@gmail.corn, numerous receipts from a store called ?The Hydr0ponic Connection? listing ?Oscar? as the customer, and a Comoast receipt in the name ?Claudia Munoz.? Lopez?Gonzalez was deported on or about 52 Case Document 1-1 Filed Page 53 of 62 March 21, 2016, after serving a shortjail sentence following a conviction in San Joaquin arising out of his involvement with that marijuana grow. 123. A registration check of Target Vehicle 1 on January 28, 2016 showed that the registered owner was Oscar V. Escalante at 5643 Arcadia Circle in Discovery Bay, CA 94505 (Target Location A). Agents re?checked the registration on February 28, 2016, and found that the registration information had changed and was then registered to Oscar V. Escalante at 3572 Yacht Drive in Discovery Bay, CA 94514 (Target Location E). Since the January 21, 2016 car st0p, agents have seen numerous members of DTO driving Target Vehicle 1, including RBAYOUNG, VICOCHEA, LOUIE and at least two others. 124. Agents have also used a OPS-tracker to follow Target Vehicle 1?s movements. Its recent movements include the following: a. On July 9, 2016, at approximately 10:20 location data for Target Vehicle 1 indicated that Target Vehicle 1 was in the immediate area of 3572 Yacht Drive in Discovery Bay Target Location E. As stated above, I believe OSCAR uses this residence as a marijuana grow site. Agents monitoring the pole camera for that location also saw Target Vehicle 1 in the driveway at Target Location on July 13, 2016 at approximately 10:30 am. b. On July 30, 3016, at approximately 8:30 the Target Vehicle 1?s location data indicated that the Target Vehicle 1 was in the immediate area of residence in Discovery Bay Target Location A. At approximately 12:15 location data indicated that the Target Vehicle 1 was in the immediate area of Target Location the grow house BIG JIM tends for OSCAR. Agents monitoring a pole camera con?rmed that the Target Vehicle 1 was at the Delano grow house. Agents saw the Target Vehicle I arrive at Target Location and saw BIG JIM meet the vehicle at the passenger side door. Shortly after that, BIG JIM walked toward the front door of the residence carrying what appeared to be a white rectangular container with both hands. This was consistent with the kind of packaging the members have used to transport concentrated cannabis in the past. At approximately 8:54 according to pole camera video, the Target Vehicle 1 left Target Location L. At 53 Case Document 1-1 Filed 08/19/45 Page 54 of 62 approximately 11:56 pm, the Target Vehicle I arrived at residence in Tracy Target Location K. H. Target Vehicle 2 125. In addition to the facts stated above, the following facts Show that VICOCHEA uses Target Vehicle 2 as part of his criminal operations. 126. A registration check of Target Vehicle 2 indicates that the van is registered to Michael Anthony Vicochea at 1579 1651h Avenue, Apt# 10 in San Leandro, CA 94578. As indicated above, VICOCHEA and his father share the same name, and both reside at Target Location K. 127. Agents have used a GPS trackers to follow Target Vehicle 2?s movements. . Those movements include the following: a. On'May 14, 2016 at approximately 5:00 pm. the evening after VICOCHEA and SALCEDO tested the malfunctioning automatic weapon at Stockton residence, and after I believe VICOCHEA picked up drugs from SALCEDO agents checked the GPS location of Target Vehicle 2. At this time, Target Vehicle 2 was in the area of Target Location F. DEA SA Anthony Guzman responded to Target Location and saw Target Vehicle 2 parked approximately 100 yards from the residence. b. On August 12, 2016 at approximately 3:00 pm, GPS data indicated that Target Vehicle 2 was in the area of Target Location B. I responded to Target Location and saw Target Vehicle 2 parked in the side parking lot associated with the apartment complex. Just prior, agents intercepted a conversation between VICOCHEA and VANLEER where they were discussing a of that had misplaced inside Target Location B. VICOCHEA informed VANLEER the was inside a ?Target bagpicked up from ?Cuddy? the other day. I believe a refers to a pound of drugs, and that VICOCHEA meant OSCAR (?Cuddy?) had given him that pound a few days earlier. Video surveillance from a gas Station in Tracy, CA shows that on August 6, 2016, VICOCHEA met black Toyota 54 Ca'se Document 1-1 Filed 08/19/1-6 Page 55 of 62 Prius, and afterwards was holding an item wrapped in a red and white grocery bag consistent with a ?Target? shOpping bag. VI. Knowledge About Drug Traf?ckers Generally 128. Based on my training and experience, my participation in this and other drug traf?cking investigations and consultation with other experienced law enforcement of?cers, 1 know the following information about persons engaged in drug traf?cking: a. These persons often maintain documents pertaining to the possession, importation, exportation, and/or distribution of controlled substances and illegal proceeds, including invoices, shipping labels, tracking numbers, boxes, and envelopes at their residences, Stash houses, and/or in their vehicles where they are available for reference and concealed from law enforcement; b. Drug traf?ckers commonly store drugs and drug paraphernalia, including pipes, syringes, and rolling papers, in their residences, stash houses, and/or vehicles in order to have ready access to the drugs and/0r paraphernalia in order to conduct their drug traf?cking business or to use those drugs personally; c. Drug traf?ckers attempt to mask the distinct odors of particular drugs through the use of heat sealing and/or canning devices and/or aromatic substances such as laundry soap, dryer sheets, air fresheners, or axle grease; d. Drug traf?ckers often dilute, or ?cut,? drugs in order to maximize the volume of drugs they have to sell, and thus their pro?ts. Drug traf?ckers use various substances to dilute drugs, including mannitol, mannite, lactose, Vitamin 12, and MSM. Drug traf?ckers use equipment, such as scales, Sifters, hammers, grinders, razor blades, glass panes, mirrors and kilo 0r pound presses as part of the dilution or ?cutting? process. Once the drug has been ?cut,? drug traf?ckers usually will repackage it, often in smaller quantities, using masking agents, tape, heat sealers and heat sealed bags, Ziplocs bags, paper bindles, and/or other containers for redistribution. It is common for drug traf?ckers to maintain such equipment and supplies in their 55 Case Document 1-1 Filed 08/191165 Page 56 of 62 residences, stash houses; e. Drug traffickers keep books, receipts, notes, ledgers and other forms of records speci?cally relating to their drug distribution activities. Because drug traf?ckers often ?front? drugs to their customers that is, sell the drugs on credit or receive drugs from their suppliers on credit, such documentation is necessary to keep track of the amounts paid and owed with respect to their customers and suppliers. These ledgers are more commonly known as ?pay/owe sheets? and may be as simple as notations on miscellaneous pieces of paper or may be recorded more formally in notebooks or even computer spreadsheets, and are frequently encoded in order to protect those involved. Drug traf?ckers often keep such records on their person or in their residences, stash houses, and/or vehicles; f. Drug traf?cking is a cash business. Customers pay for drugs with cash and dealers commonly purchase drugs from their suppliers with cash. Drug traf?ckers commonly keep large sums of currency, ?nancial instruments, precious metals, jeWelry, and other items of value which represent either the proceeds from drug sales or are intended for the purchase controlled substances. When drug traf?ckers amass such wealth, they often attempt to legitimize that wealth or otherwise conceal it and its origin from discovery by law enforcement. To accomplish this, drug traf?ckers often use different techniques, including the use of foreign and domestic banks and their attendant services, including savings and checking accounts, securities, cashier?s checks, money drafts and letters of credit to exchange drug proceeds into money that appears to come from a legitimate source. Drug traf?ckers also purchase real estate or vehicles, and establish shell corporations and business fronts that they use to launder drug proceeds. Drug traf?ckers often utilize ?ctitious or ?straw?holder? owners to conceal the true ownership, vehicles, or other valuable items purchased with the proceeds of illicit drug sales. In addition, drug traf?ckers often use wire transfers, cashier?s checks, and money orders to pay for drugs or other costs relating to their distribution business. Drug traf?ckers often keep these items of value, and records relating to them, on their person or in their residences, stash houses, and/or vehicles where they are concealed from law enforcement and readily available. 56 Case Document 1-1 Filed Page 57 of 62 g. Drug traf?ckers go to great to hide and secure the drugs, drug proceeds, other items of value and records relating to their drug business. This is to safeguard those items against robbery and keep them from law enforcement. These secure locations typically include safes, vaults, or other locked containers, as well as Specially constructed concealed compartments such as those often found in vehicles used speci?cally to facilitate drug traf?cking. Other methods of concealment include the burial of such items underground, the use . of locked vehicles, trailers, out buildings, sheds, and/or exterior closets, the use of natural Spaces within walls, furniture, vehicles, and other areas, and the use of sealed cans and canning machines; 11. Drug traf?ckers often use the United States Postal Service or commercial express mail delivery companies, such as FedEx or UPS, to ship drugs and money to various points within the United States. They do so, at least in part, due to the convenience of the service and the availability of related internet and phone tracking services, speed of delivery, and to reduce their risk of arrest during the tranSportation of drugs from one place to another. They often use hand-written airbills, drOp the packages near closing time, pay for such services in cash and utilize false or nominee names, addresses, and/or telephone numbers when using such services in order to further insulate themselves from detection by law enforcement. Drug traf?ckers frequently maintain records relating to their use of these services, such as receipts, cepies of airbills, empty and/or previously used boxes, packing tape, packing popcorn/?ller and other packaging materials, and package tracking records printed from the intemet, at their residences, stash houses, and/or in their vehicles where they are available for reference. i. Drug traf?cking is a business that involves numerous co?conSpirators, from lower?level dealers to higher?level suppliers, as well as associates to process, package and deliver the drugs and persons to launder the drug proceeds. These persons frequently maintain listings of names, aliases, telephone numbers, pager numbers, facsimile numbers, physical addresses, and email addresses, sometimes encoded and sometimes not encoded, for the purpose of contacting their suppliers, customers, transporters, and others involved in their illicit drug 57 a Case Document 1-1 Filed 08/19/45 Page 58 of 62 distribution activities. These records are typically maintained on their person or in their residences, stash houses, and/or vehicles, so they are readily available in order to ef?ciently conduct their drug traf?cking business. Moreover, such records are often stored electronically within the memory of telephones, computers, and/or personal digital assistants such as iPhone and Blackberry devices; j. Drug traf?ckers often use cellular telephones, satellite telephones, pagers and text messaging devices, voicemail or answering machine systems, telephone calling cards, computers, email, and/or personal digital assistants such as iPhone and Blackberrydevices in order to communicate with their suppliers, customers, tranSporters, and others involved in their illicit drug distribution activities. Drug traf?ckers often keep these items on their person or in their residences, stash houses, businesses, and/or vehicles where they are readily available; k. Drug traf?ckers often travel by car, bus, train, or airplane, both domestically and to and/or within foreign countries, in connection with their illegal activities in order to meet with co-conspirators, conduct drug transactions, or to transport drugs or drug proceeds. Documents relating to such travel, such as calendars, travel itineraries, maps, airline ticket and baggage stubs, frequent use club membership information and records associated with airlines, rental car companies, and/or hotels, airline, hotel and rental car receipts, credit card bills and receipts, photographs, videos, passports, and visas, are often maintained by drug traf?ckers in their residences, stash houses, and/or vehicles where they are readily available for use or reference; Drug traf?ckers frequently possess ?rearms, ammunition, silencers, explosives, incendiary devices, and other dangerous weapons to protect their pro?ts, supply of drugs, and persons from others who might attempt to forcibly take such items and/or harm them during transactions. Such weapons, which are often stolen or otherwise possessed illegally, are typically maintained on their person or in their residences, stash houses, and/or vehicles where they are concealed from law enforcement and readily available; m. Drug traf?ckers often utilize two way radios, police scanners, video 58 Case Document 1-1 Filed Page 59 of 62 surveillance systems, and other counter surveillance equipment to prevent detection by law enforcement, and that such items are typically maintained at their residences, stash houses, and/or in their vehicles. 11. Drug traf?ckers frequently take, or cause to be taken, photographs and/or videos of themselves, their criminal associates, their real and personal property, their weapons, and their drugs, and that such items are often stored on their person, in their residences, and/or vehicles; 0. During the course of a search it is not uncommon to ?nd items of personal property that tend to identify the person(s) in residence occupancy, control, or ownership of the place being searched vehicle, such as cancelled mail, deeds, leases, titles, registration information, rental agreements, photographs, videos, diaries, utility and telephone bills, tax documentation, travel documents, statements, passports, driver?s licenses and/or identi?cation cards, immigration documentation, birth certi?cates, and keys. 129. I know that drug traf?ckers often use their vehicles to transport contraband including drugs, drug proceeds and ?rearms and other evidence of their activities. I know that following a drug traf?cker?s movements can facilitate surveillance and enable agents to follow a subject without exposing themselves to the subject they are following. This in turn enables agents to observe a drug traf?cker?s meetings with other associates and learn about new locations where a DTO stores drugs, money, ?reanns and other items related to the manufacture and distribution of controlled substances. VII CONCLUSION 130. Based on the foregoing, it is my opinion that there is probable cause to believe that the Target Subjects have violated Title 21, United States Code, sections 841, 843(b) and 846 and Title 18, United States Code, sections 922(0) and 1956(h), and that the Target Locations and Target Vehicles will contain evidence of these violations. I further believe, based on the number of suSpected marijuana grow houses that OSCAR and his associates 59 Case Document 1-1 Filed 08/1936 Page 60 of 62 operate, based on telephone calls about the numbers Of plants and pounds Of processed marijuana those houses were producing, the fact that they appear to have had at least one harvest (in June) and appear to have continued Operating those grow houses, that this conspiracy involves at least 100 marijuana plants and that each Of the persons listed above, for the reasons stated herein, reasonably anticipated that this conspiracy involved that many marijuana plants. Therefore, I request that the Court issue warrants authorizing agents to search the Target Locations and the Target Vehicles, and to issue complaints for the following criminal violations: OSCAR 21 use. 846, 841(a)(1) and 21 use. 841(b)(1)(B) 21 use. 843(6) 18 use. 922(6) 18 use. 1956(h) MELINA 21 use. 846, 841(a)(1) and 21 use. 21 use. 843(6) 18 use. 1956(6) MUNOZ 21 use. 846, 841(a)(1) and 21 use. 21 use. 843(6) 18 use. 1956(6) GOMEZ 21 use. 846, 841(a)(1) and 21 use. 21 use. 843(6) VIGIL 21 use. 846, and 21 use. 843(6) PEP 21 use. 846, 841(a)(1) and 21 use. 841(b)(1)(B) 21 use. 843(6) REAYOUNG 21 use. 846, 841(a)(1) and 21 use. 15 841(6)(1)(13) 21 use. 843(6) 18 use. 1956(6) VANLEER 21 use. 846, 841(a)(1) and 21 use. 21 use. 843(6) VICOCHEA 21 use. 846, 841(a)(1) and 21 use. 21 use. 843(6) 61') I31. PELON MEDINA Case Document 1-1 Filed Page 61 of 62 18 U.S.C. 922(0) 18 U.S.C. 195601) 21 U.S.C. 846, 841(a)(1) and (3. 21 US. 841(b)(1)(B) 21 U.S.C. 843(b) 21 use. 846, 841(a)(1) and 21 U.S.C. 841(b)(1)(B) 21 U.S.C. 843(b) ABDELWAHHAB 21 U.S.C. 846, 841(a)(1) and LOUIE SALCEDO MIAMI BIG JIM 21 use. 841(b)(1)(B) 21 U.S.C. 843(b) 18 U.S.C. 922(6) 21 U.S.C. 846, 841(a)(1) and 21 U.S.C. 841(b)(1)(B) 21 U.S.C. 843(b) 21 use. 846, 84l(a)(1) and 21 U.S.C. 841(b)(1)(B) 21 U.S.C. 843(b) 18 U.S.C. 922(6) 21 use. 846, 841(a)(1) and 21 use. 8 841(b)(1)(B) 21 U.S.C. 843(b) 21 U.S.C. 846, 84l(a)(1) and 21 U.S.C. 843(b) Since this investigation is continuing, disclosure of the complaint, the search and seizure warrants, this af?davit, and/or this application and the attachments thereto will jeopardize the progress of the investigation and potentially endanger the agents and con?dential sources working on the investigation. It may also cause the Target Subjects to flee and/or destroy evidence of their crimes. Accordingly, I request that the Court seal the application, this af?davit, the complaint, the warrants and the supporting papers, except that the Clerk of the Court be 61 Case Document 1-1 Filed 08/191426 Page 62 of 62 directed to provide copies of these documents to the United States Attorney?s Of?ce and/or the Drug Enforcement Administration for use in connection with this case. I declare under penalty of perjury that the above is true and correct to the best of my knowledge. DEA Task Force aired Pereira h?f?i? Subscribed and sworn to before me this day of August, 2016 in Oakland, Califomia. A. WESTMORE United States Magistrate Judge 62 r'x Case gas, 7? -- 'Ied Page 1 Of 2 AC 257 (Rev. 6/78) DEFENDANT INFORMATION REL TION - IN US. DISTRICT COURT BY: COMPLAINT El INFORMATION El INDICTMENT Name of District Court, end/or Judge/Magistrate Location?- f. IN NORTHERN DISTRICT OF CALIF RNIA I OFFENSE CHARGED SUPERSED OAKLAND DIVISIONE z, 21 use sections 846, 841(a)(l)and Petty 21 U.S.C.sections 84l(a)(l)and =2 21 U.S.C.section843{b) Mmor A 2) U.S.C. section 922(0) Misma- . . 21 U.S.C.section 1956(h) El meanm . Oscaeradimir Escalante em" DISTRICT COURT NUMBER PENALTY: See attached DEFENDANT PROCEEDING i3 NOTIN CUSTODY Has not been arrested. pending outcome this proceeding. 1) If not detained give date any prior summons was served on above Charges Name of Complaintant Agency, or Person Title, if any) DEA TFO Jarred Pereira {1 person is awaiting trial in another Federal or State Court, 2) Is a Fugitive give name of court 3) ls on Ball or Release from (show District) this person/proceeding is transferred from another district CI per (circle one) 20, 21, or 40. Show District IS IN CUSTODY 4) On this Charge this is a reprosecution Of charges previously dismissed 5) On another conviction which were dismissed on motion SHOW Federal State of: DOCKET NO. 6) Awaiting trial on other Charges US. ATTORNEY DEFENSE '1 {f answer to (6) is "Yes", show name Of institution this prosecution relates tO a . If "Yes" pending case involving this same Has detaIner Yes give date defendant MAGISTRATE been ?led? N0 . ?led CASE NO. MD prior proceedings or appearance(s) DATE OF . Ont ay ear before US. Magistrate regarding this ARREST deafendant were recorded under if Arresting Agency Warrant were not Name and Office of Person DATE TRANSFERRED Month/Day/Year Furnishing Information on this form Brian J. Stretch TO US CUSTODY US. Attorney Other US. Agency Name Of Assistant US. I: This report amends A0 257 previously submitted Attorney (if assigned) Frank Riebli ADDITIONAL INFORMATION OR COMMENTS PROCESS: SUMMONS NO WARRANT Bail Amount: No bail If Summons, complete following: [3 Arraignment lnit?alAppearance Defendant Address: Where defendant previoust apprehended on complaint, no new summons or warrant needed, since Magistrate has scheduled arraignment Date/Time: - Before Judge: Comments: Case Document 1-2 Filed 08/19/16 Page 2 of 2 21 U.S.C. 846, 841 21 U.S.C. 841(a)(1) and 21 U.S.C. 843(b) 18 U.S.C. 922(0) 18 U.S.C. 1956(h) PENALTY SHEET 1) and Conspiracy to Manufacture, Distribute and Possess With Intent to Distribute Heroin, Methamphetamine, Cocaine, Alprazolam and 100 or More Marijuana Plants Minimum 5 years prison Maximum 40 years Minimum 4 years supervised release following incarceration Maximum lifetime supervised release Maximum $5,000,000 fine $100 special assessment Forfeiture Denial of federal bene?ts Manufacture, Distribution and Possession With Intent to Distribute Heroin, Methamphetamine, Cocaine, Alprazolam and 100 or More Marijuana Plants Minimum 5 years prison Maximum 40 years Minimum 4 years supervised release following incarceration Maximum lifetime supervised release Maximum $5,000,000 fine $100 special assessment Forfeiture Denial of federal benefits Illegal Use of a Communication Facility Maximum 4 years Maximum 3 years supervised release Maximum $250,000 fine $100 special assessment Forfeiture Possession and Transfer of a Machine Gun Maximum 10 years Maximum 3 years supervised release Maximum $250,000 fine $100 special assessment Conspiracy to Launder Drug Proceeds Maximum 20 years prison Maximum 3 years supervised release following incarceration Maximum $500,000 fine, or twice the value of the property involved, whichever is greater $100 special assessment