Case Document 1 Filed on 03/19/19 in TXSD Page 1 of 6 ur?t A0 91 (Rev. 08l09) criminaI Complaint united states 53 ma r01 mTeias UNITED STATES DISTRICT COURT 2019 for the MAR Southern District of Texas . United States of America Elvia Yazmin RIOS Cantu, Woe: 1966, COB: Mexico 3 Case No -- 0959 Hennry CABRERA Ramos, YOB: 1991, COB: Mexico Roberto HERNANDEZ Contreras,YOB: 2000, COB: US i De?ndant?) 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 March 19, 2019 in the county of Hidalg in the Southern District of Texas the defendant(s) violated: Code Section Did knowingly and willfully conos/gfresa to export or send from the a 18 United States Code 554 United States ,fany merchandise, article, or object, to wit. approximately 10, 000 rounds of .223 ammunition, 28,000 rounds of 7.62X39mm ammunition, 1,008 7.62x39mm magazines, contrary to any law or regulation of the United States, or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment, or sale of such merchandise, article or object, prior to exportation, knowing the same to be intended for exportation contrary to any laW?or regulation of the United States. This criminal complaint is based on these facts: SEE ATTACHMENT Continued on the attached sheet. 7 Complainwyr Nicholas J. llq, HSI Special Agent Printed name and title Date: 3/19/2019 A signature City and state: McAllen, Texas tt cker, U.S. Magistrate Judge Printed name and title Case Document 1 Filed on 03/19/19 Page 2 of 6 ATTACHMENT A 1, Nicholas 11g, am a Special Agent of the United States Homeland Security Investigations (HSI), and have knowledge of the following facts. The facts related in this attachment do not re?ect the totality of information known to me or other agents/officers, merely the amount needed to establish probable cause. I do not rely upon facts not set forth herein in reaching my conclusion that a complaint should be issued, nor do I request that this Court rely upon any facts not set forth herein in reviewing this attachment in support of the complaint. - I. On March 19, 2019, Homeland Security Investigations McAllen, Texas (HSI McAllen), received information that a speci?c (subject) vehicle travelling from Bexar County would be transporting a large amount of ammunition to Hidalgo County with the intent of clandestinely smuggling the ammunition into Mexico. HSI McAllen and HSI Task Force Of?cers (TFOs) located and surveilled the subject vehicle as it travelled into Hidalgo County proceeding to a residence located at 416 30th Street, Hidalgo, Texas 78557. II. HSI Agents conducted surveillance of the residence, observing several males taking cardboard boxes ?om the subject vehicle and placing the boxes in the residence and into other vehicles parked at the residence. The subject vehicle was observed leaving the residence, proceeding north, exiting Hidalgo County. 111. HSI Agents observed an adult male, identified as Roberto HERNANDEZ Contreras, carry several boxes from the residence and enter a blue Town Country (MX A-94-THP-8). HERNANDEZ was then seen, removing the contents of the boxes and concealing objects within the interior paneling of the IV. HSI Agents observed HERNANDEZ drive the from the residence to the Hidalgo, Texas Port of Entry (POE) whereas US. Customs and Border Protection of?cers (CBPOs) conducted an outbound inspection of the as it attempted to exit the United States and into Mexico. CBPOs searched the locating approximately 224 ri?e magazines (7.62x39) concealed within the interior paneling. Case Document 1 Filed on 03/19/19 in TXSD Page 3 of 6 VI. VII. ATTACHMENT A HSI Agents conducted a post Miranda interview of HERNANDEZ at the Hidalgo POE. HERNANDEZ stated he owned the HERNANDEZ admitted he traveled from Reynosa, Mexico into the United States to proCure ri?e magazines which were to be smuggled from the United States into Mexico. HERNANDEZ stated he arranged with Hennry CABRERA Ramos to meet at the residence located at 416 30th Street, Hidalgo, Texas 78557. At the residence CABRERA . directed HERNANDEZ to several boxes of magazines stored within the residence, a grey minivan, and a silver sedan. HERNANDEZ proceeded to conceal the magazines within the interior panels of the HERNANDEZ stated he was to receive monetary payment from a coconspirator in Reynosa, Mexico. HERNANDEZ stated he had smuggled magazines from the United States into Mexico on several occasions for monetary gain. HERNANDEZ admitted he was aware it was illegal to smuggle ri?e magazines and defense articles from the United States into Mexico. HSI Agents and a uniformed Hidalgo Police Department of?cer approached the residence at 416 30th Street, Hidalgo, Texas 78557 . At the residence, HSI Agents encountered Elvia RIOS Cantu and CABRERA. RIOS granted HSI Agents consent to search the property and the vehicles parked at the residence. A HSI Agents conducted a post-Miranda advisement interview with RIOS. RIOS stated she received monetary payment to store large quantities! of ammunition and magazines at the residence on behalf of a coconspirator in Reynosa, Mexico. RIOS stated she knew the ammunition and magazines were concealed within vehicles to be smuggled into Mexico. RIOS stated she knew smuggling the ammunition and magazines into Mexico was illegal. XI. XII. Case Document 1 Filed on 03/19/19 in TXSD Page 4 of 6 ATTACHMENT A HSI Agents located approximately 3,000 rounds of 7 .26x39 ammunition within the bedroom of RIOS. CABRERA stated he owned the grey 2004 Mercury Monterey (MX A94-THP-8) parked within the driveway of the residence. CABRERA granted HSI Agents consent to search the Mercury. Concealed within the Mercury HSI Agents located approximately 10,000 rounds of .223 ammunition and approximately 2,000 rounds of 7.62x39 rounds of ammunition. I HSI Agents conducted a post Miranda interview of CABRERA at the residence. CABRERA stated his intention was to load the Mercury with ammunition and magazines to be smuggled into Mexico. CABRERA stated he smuggled ammunition and magazines from the United States into Mexico on several occasions for monetary compensation. CABRERA admitted he was aware it was illegal to smuggle ammunition and defense articles from the United States into Mexico. CABRERA directed HSI Agents to a silver 2008 Saturn Aura (TX BXKOS 73) parked between the Mercury and the residence. CABRERA stated the Saturn belonged to RIO. Through the Windows of the Saturn HSI agents observed boxes imprinted with ?Wolf - 7.62x3 9? and 30RD Magazine?. CABRERA stated he placed the boxes within the unlocked Saturn. HSI Agents found approximately 784 ri?e magazines (7 .62x39) and approximately 23,000 rounds of 7.62x39 ammunition Within the Saturn. According to the U.S. Department of State, Of?ce of Defense Trade Controls Compliance (DTCC) ammunition andri?e magazines are determined to being defense articles described on the United States Munitions List (USML) and regulated for export pursuant to the Arms Export Control Act (Title 22 United States Code 2778). Case Document 1 Filed on 03/19/19 in TXSD Page 6 of 6 257 (Rev. 9/ 92) PER 18 U.S.C. 3170 le? 01962-444? DEFENDANT INFORMATION RELATIVE TO A CRIMINAL ACTION IN U.S. DISTRICT COURT BY COMPLAINT INFORMATION INDICTMENT OFFENSE CHARGED 18 United ?gt?i??s rl 1 Smuggling afghan . aid} tide? my FILED Minor MAR 2 2019 Misdemeanor David J. Bradley, Clerk] Ml Fel?my Place of offense U.S.C. Citation Hidalgo, Texas 18 USC 554 PROCEEDING Name of Complainant Agency, or Person Title, if any) Special Agent Nicholas J. I Homeland Security Investigations (HSI) person is awaiting trial in another Federal or State Court, give name of court this person/proceeding is transferred from another district per 20 21 40. Show District I this is a reprosecution of charges previously dismissed which were dismissed on motion of: SHOW U.S. Att?y Defense DOCKET NO. this prosecution relates to a pending case involving this same defendant El prior proceedings or appearance(s) before U.S. Magistrate Judge MAGISTRATE regarding this defendant were JUDGE CASE NO. recorded under Name and Of?ce of Person Furnishing Information on THIS FORM LSpecial Agent Nicholas J. I IU.S. Att?y IOther U.S. Agency Name of Asst. U.S. Att?y (if assigned) I I Name of District Court, and/or Judge/Magistrate Judge Location (City) Southern District of Texas/ McAllen, Texas DEFENDANT U.S. vs. 1 Elvia RIOS Cantu I Address 1 Reynosa, Mexico (Optional unless a juvenile) LJ Male Ill Alien I30 Female Birth Date (if applicable) DEFENDANT IS NOTIN CUSTODY Has not been arrested, pending outcome of this proceeding If not detained, give date any prior summons was served on above charges I Is a Fugitive 3) Is on Bail or Release ?om (show District) IS IN CUSTODY 4) On this charge 5) On another conviction 6) l] Awaiting nial on other charges Fed?l If answer to (6) is ?Yes,? show name of institution State Has detainer Yes 1:61; been ?led? No ?led 3/19/2019 M0. Day Year 33$ng .l 3/19/2019 1 Or . . . if Anesting Agency Warrant were not Federal Mo. Day Year DATE TRANSFERRED TO U.S. CUSTODY ADDITIONAL INFORMATION OR COMMENTS El This report amends A0 257 previously submitted Did knowingly and willfully conspired and intended to export or send from the United States, any merchandise, article, or object, to wit: approximately 10,000 rounds of .223 ammunition, 28,000 rounds of 7.62X39mm ammunition, 1,008 7.62x39mm magazines, contrary to any law or regulation of the United States, or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment, or sale of such merchandise, article or object, prior to exportation, knowing the same to be intended for exportation contrary to any law or regulation of the United States.