Case 3:19-cr-00373-SI Document 1 Filed 05/09/19 Page 1 of 11 AO 91 (Rev. 11/11) Criminal Complaint United States Distoict Couia.- forthe r £, Northern District of California may-9 20)3 United States of America V. Case No. RAKESH ROSHAN a 19 Defendcmt(s) CRIMINAL COMPLAINT I, the complainant in this case, state thatthe following is trueto the bestof myknowledge andbelief. On orabout tbe date(s) of Northern 01/26/19 to 02/10/2019 District of California inthe county of San Francisco , the defendant(s) violated: Offense Description Code Section 21 U.S.C.§ 841(a)(1), (b)(1)(B) Possession with intent to distribute controlled substance 21 U.S.C. § 846 Conspiracy to possess with intent to distribute controlled substance This criminal complaint is based on these facts: Please see attached affidavitof HSI Special Agent Ricardo Haro. S2f Continued on the attached sheet. A Approved as to form ^-" AUSA Comphainant's signature \ iS\ SA Ricardo Haro { Printed name and title Sworn to before me and signed in my presence. Date: 5"-^ -^1% Judge's signature City andstate: ^ C/?- ^ 1^ Printed name and title in the Case 3:19-cr-00373-SI Doc 1 ument Filed 05/09/flg Page20f11 AFFIDAVIT IN SUPPORT OF RICARDO HARO IN SUPPORT OF CRIMINAL I, Ricardo Haro, Special Agent with the Department of Homeland Security do swear and af?rm as follows: I. INTRODUCTION AND PURPOSE FOR AFFIDAVIT 1. This af?davit is made in support of a criminal and arrest warrant against RAKESH ROSHAN for conspiracy to possess withtintent to distribute a controlled substance, speci?cally, methamphetamine, in violation of 21 U.S.C. 84l(a)(1) and 21 U.S.C. 846. The statements contained in this af?davit are based on my experience, knowledge and training as a Special Agent of the investigation into ROSHAN and the information provided to me by other law enforceinent of?cers. Because this af?davit is being submitted for the limited purpose of fecuring an arrest warrant, I have not included each and every fact known to me concerning this investigation. I have set forth only the facts that I believe are necessary to establish probable cause that ROSHAN violated Title 21, United States Sections 84l(a)(1), - 841(b)(l)(B) and 846. II. AGENT BACKGROUND 2. I am an ?investigative or law enforcement of?cer of the United States? Within the meaning of Title 18, United States Code, Section 2510(7), that is, an of?cer of the United States who is empowered by law to conduct investigaticins of, and to make arrests for, o??enses enumerated in Title 18, United States Code, Section 2516. 3. I have been employed as a Special Agent for the De artment of Homeland Security, Homeland Security Investigations (HSI), since2015. As an HSI Special. Agent, I am a customs of?cer within the meaning of Title 19, United States Code, Sections Case 3:19-cr-00373-SI Document 1 Filed 05/09/1 1 A Page 3 of 11 1401(1), and 1589a. Pursuant to Title 19, United States Code, Sections 482 and 1582, and various federal regulations, I am thus empowered to border search items being imported into the United States from outside the United States. 4. I am currently assigned to the of?ce of the Resident Agent in Charge, San Francisco International Airport (SFIA). I have successfully completed the Criminal Investigator Training Program and the Homeland Security Investigations Special Agent Training program at the Federal Law Enforcement Training Center (F LETC) in Brunswiclc, Georgia. During my training at FLETC, I received instruction in varied topics, includingfederal criminal statutes, rules of criminal procedure and evidence, and investigative techniques. 5. Prior to this position, I was employed as a US. Immigration and Customs Enforcement (ICE) Immigration Enforcement Agent, assigned to San Francisco Field . Of?ce for ?ve years. As part of my training as an ICE agent, I received instruction in preventing the illegal traf?cking of people, narcOtics, and centrabaifd into the United . 1 States. I received instruction in di??erent techmques and concealment methods that are used to smuggle persons, prohibited goods, illegal drugs, and other ontraband into the United States. . 6. I have participated in local and federal search warrants and arrests involving narcotics traf?cking. I am responsible for enforcing federal criminal statutes, including violations of Title 18 and Title 21 of the United States Code. I have participated in narcotics investigations involving the seizure of, among other things, MDMA, methamphetamine, cocaine, narcotic analogues, ?rearms, and currency. Case Document 1 Filed 05/09/ 9 Page have had discussions with other law enforcement of??cers and agents about the production and packaging of illegal narcotics, the methods,? used to sell narcotics, and security measures utilized by individuals involved in the distribution of illegal narcotics. I have examined customer and supplier lists commonly referred to as ?pay/owe? sheets, and other documentation and indicia associated with the distribution of illegal narcotics. I have. become familiar with the methods used by drug traf?ckers to import, transport, and distribute drugs, and the methods used by drug traf?ckers to communicate with each other in furtherance of their illegal activities. APPLICABLE LAW 8. Under Title 21, United States Code, Section 841 except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally to manufacture, distribute, or dispense, or possess witli intent to manufacture, distribute, or dispense, a controlled substance, to wit: inethamphetamine, a Schedule I substance. 9. Under Title 21, United States Code, Section 846, any person who conspires to commit any offense de?ned in this subchapter shall besubj ect to the same penalties as those prescribed for the offense, the commission of which was the object of i 10. I am familiar with the facts set forth in this Af?davii from my personal the conspiracy. IV. FACTS ESTABLISHING PROBABLE CAUSE inquiries and investigations by other law enforcement of?cers and/hr as related to me in conversation and/or through written reports, and/or from rifcords and/or documents and/or other evidence obtained as a result of this and related investigations. I Case Document 1 Filed 05/09/11 Page 5 of 11 . . . have also obtained such information from records, documents, and other evidence obtained as a result of this investigation. Unless otherwise indicated herein, I believe the information provided to me by others to be reliable. In those instanCes wherein I assert an opinion or belief with respect to the facts alleged herein, that opinion or belief is based upon my training and experience as set forth previously herein, along with my knowledge of this investigation and any other speci?c factors I submit in connection with a particular assertion. 11. I have only set forth those facts that I believe are essential to establish probable cause. The facts and opinions set forth herein are not me It to include all of the information gathered with regard to the subject identi?ed herein or ?he investigation in general; rather, these facts are meant to provide information suf?cient for the purpose of this affidavit. I Rakesh ROSHAN Flees Security Checgoint at San A_.up' ort 12. On February 1, 2019, at approximately 10:50 pm, a passenger later identi?ed as Rakesh ROSHAN (DOB: -1ed ?om a security check point at San Francisco International Airport (SFIA). When ROSHAN entered the body scanner at the security checkpoint, an anomaly was detected in his groin area, and ROSHAN was directed to a pat-down area. ROSHAN immediately turned around and ran away from the checkpoint in the direction of the parking garage, leaving his belongings behind. The Transportation Security Administration was able to identify ROSHAN based on the United States passport he presented as part of the screening process. 13. On February 6, 2019, ROSHAN boarded a ?ight from San Francisco to Australia. Case Document 1 Filed Page 6 of 11 Febru_ary 10, 2019, Outbound Inspection of Jessica Pipitolu and Sati Santoshi Sen 14. On February 10, 2019, HSI Special Agents (SAs) made arrangements to intercept and inspect Jessica Pipitolu (DOB :_'and Sati SEN (DOB: - on the jetway prior to their boarding United Airlines ?ight 863 to Sydney. Pipitolu had been identi?ed and ?agged for secondary seCurity screening by law enforcement due to her previously reported relationship to ROSHAN. Pipitolu had co? traveler Sen listed on the same reservation traveling to Sydney. Both Pipitolu and Sen also had a reservation to travel on the same ?ight the night before (February 9, 2019), but neither boarded that ?ight. 15. Research in law enforcement databases revealed that Pipitolu had stated she was girlfriend on a previous entry into the United States on January 21, 2019, when both ROSHAN and Pipitolu ?ew into SF IA from Auckland, New Zealand. Further research by revealed that Pipitolu had exhibited suspicious travel patterns, having spent only two days in the United States follong her arrival on January 21, 2019, with ROSHAN, before returning to New Zealand. Pipitolu had also just arrived into the United States accompanied by Sen on February 7, 2019, only three ays prior to her outbound ?ight scheduled on February 10, 2019, to Sydney. 16. On'February 10, 2019, at approximately 10:50 pm, United States Customs and Border Protection (CBP) Of?cers conducted outbound inspections on the jetway of United Airlines ?ight #86 of Pipitolu and Sen. An eventual body. search of Pipitolu revealed an anomaly near her groin area, which Pipitolu stated was drugs. A 1 small plastic bag containing a substance was also found inside Pipitolu?s neck pillow. Pipitolu eventually removed plastic-wrapped suspected nar otics from her Case Document 1 Filed 05/09/39 Page 7 of 11 vagina The substances recovered from Pipitolu?s person and her neck pillow tested presumptively positive for methamphetamiues, with a total weight of approximately 148 grams. Both seizures of methamphetamine were subsequently tested positive for d- Methamphetamine Hydrochloride, a Schedule II controlled substance, with a substance purity level of 100 percent 4 percent). 17. . Based on information learned during the investigation, on or about February 10, 2019, ROSHAN directed Sen and Pipitolu to smuggle methamphetamine to Australia through SF IA including to retrieve the drugs from the center console of a lime green Toyota Camry registered to ROSHAN. Search of Vehicle Registered to ROSHAN 18. Law enforcement located the lime green Toyota Camry in the San Francisco Airport parking lot on or about February 11, 2019, and executed a search warrant. The vehicle was registered to Rakesh ROSHAN. 1 19. Among other items found in the Toyota Camry werethree invoices for parcels that were shipped on January 27, 2019. All three invoices showed the parcels had been shipped on January 27, 2019, out of Rocklin, CA. The partic 1 ars of each parcel are as follows: A) Tracking CI 558 133 450 US Shipped to recipient in New Zealand. Customs declaration: Harmonium. Intercepted by CBB in San Francisco, CA on January 30, 2019, containing a white substance, which tested presumptively positive for approximately 1,780 gram cf methamphetamine hydrochloride. (?Parcel B) Tracking EP 849 871 115 US - Shipped to recipient in Australia. Case Document 1 Filed 05/09/;2\ Page 8 of 11 Customs declaratidn: Flatscreen TV. Intercepted by CBP on January 30, 2019, in San Francisco CA, containing a white substance, which tested presumptively positive for approximately 509 grams of methamphetamine. (?Parcel C) Tracking EP 849 871 132 US Shipped to recipient in Fiji. Customs declaration: T?shirts, purse, powered tang, powered oa eel. Intercepted by Fijian law enforcement, and which tested presumptively positive for 500 grams of methamphetamine. (?Parcel 20. On January 26, 2019, closed circuit television (CCTV) footage from a postal facility, located in Sacramento, CA, shows an individual rese ?bling ROSHAN entering the store carrying parcels at approximately 4:36 pm. and receipts show that the transactions were completedfor Parcels 1, 2, and 3 and were all shipped ?rm the same store. 21. Also found in the vehicle, were multiple portable electronic weight scales, plastic wrapping, a hammer, a "burner" phone, and a plastic-wrappe cylinder-shaped bundle of a green leafy-substance; packaged in a similar fashion to the methamphetamine Pipitolu concealed in her. i 22. Investigation revealed that an IP address utilized to track Parcel. 1 and Parcel 3, was registered to Rakesh ROSHAN. 23. Investigation revealed that an IP address utilized to tr ck Parcel 3 was registered to Rock ROSHAN, whom I believe refers to Rakesh ROSHAN. Case 3:19-cr-gg373-SI Document 1 Filed Page 9 of 11 Search Warrant Executed on acebook Account 24. On March 16, 2019, a federal search warrant was exe?cuted on Facebook account. In his Facebook account, ROSHAN had hundreds of messages with multiple people, referencing cocaine, methamphetamine, ?dope,? payments for previous drug sales, upcoming shipments, and prices for different amounts of drugs. I observed . several pictures of green leafy substances, substances, and white powdery substances, which based on my training and experience, I believe to ?be marijuana, methamphetamine, and cocaine. .1 also observed several pictures of stacks of American and foreign currency, which based on the contexts of the conversatijns involving those pictures, I believe to be proceeds of drug sales. This Facebook account also had multiple pictures of wire transfer receipts, as well as screenshots of hotel resei'vations and ?ight schedules. 25. On February 6, 2019, in a Facebook messenger conversation between ROSHAN and an individual identi?ed on acebook as ?Christine KUMAR states to ROSHAN ?Same status, not changing,? to which ROSHAN replies: ?sent (sic) me the numbers.? KUMAR then sends ROSHAN a picture of two tracking numbers queried in the United States Postal Service online tracking system matching Parcels 1 and 2 described above. 26. Additional Facebook messages between KUMAR and ROSHAN I believe were also regarding these packages read as follows: KUMAR: ?so this shipment giving up wat, coz one is rel ased, only second one left to released from customs.? ROSHAN: ?Customs busted that one.? Case 3:19-cr-O 373-SI Document 1 Filed 0509/ng Page 10 of 11 KUMAR: ?What a bad month for us man.? 27. Facebook messages between ROSHAN and on February 10, 2019 read as follows: 1 KUMAR: ?Status not changed. Same. Just reached Fiji.? (As; stated in paragraph 19, Parcel 3, destined for Fiji, was intercepted by Fijian law nforcement and tested positive for methamphetamine) ROSHAN: ?Did the NZ one? KUMAR: ?No. Same status.? 1 The following day, KUMAR messages ROSHAN stating: 'ji is fucked man. . . lost.? 1T V. CONCLUSION 28. Based on the aforementioned facts and information, there is probable cause is probable cause to believe that on or about January 26, 2019 and continuing to on or about February 10, 2019, ROSHAN conspired with at least one other person, to possess with intent to distribute a controlled substance (methamphetamine), and the weight of the methamphetamine exceeded 5 grams or more of methamphetamine, its salts, isomers, and salts of its isomers, or 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers, in violation of Title 21, United States Code Sections 841(a), and 846. Case 3:19-cr-O 373-SI Documentl Filed 05/09/19 Fa e11 a .0 declare under penalty of perjury under the laws of the Unit ?d States that the foregoing is true and correct to the best of my knowledge and belie? \ll l\j- Ricardo Illa-Wm Agent US. Department of Homeland Security Immigration and Customs Enforcement Subscribed and sworn before me on: Date HON. SALLIEKIM U.S. MAGISTRATE JVDGE 10