Case Document 33 Filed 06/07/05 Page 1 of 15 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA . SUPERSEDING INDICTMENT QUIRINO ERNESTO PAULINO CASTILLO, a/k/a ?El Don,? . LUIS EDUARDO RODRIGUEZ CORDERO S6 04 Cr. 1353 (KMW) a/k/a ?Principe,? BLADIMIR GARCIA JIMENEZ a/k/a ?Vladi,? LUIS DAVID ULLOA, a/k/a ?Junior,? JEAN PAUL ULLOA, JUAN SAMUEL RODRIGUEZ CORDERO, a/k/a ?Sammy," TIRSO CUEVAS NIN, and LIDIO ARTURO NIN TERRERO, Defendants. The Grand Jury charges: 1. From as early as September 2003, through and including in or about May 2004, QUIRINO ERNESTO PAULINO CASTILLO, a/k/a ?El Don," LUIS EDUARDO RODRIGUEZ CORDERO, a/k/a ?Principe," BLADIMIR GARCIA JIMENEZ, a/k/a ?Vladi,? LUIS DAVID ULLOA, a/k/a "Junior," JEAN PAUL ULLOA, and JUAN SAMUEL RODRIGUEZ CORDERO, a/k/a "Sammy," the defendants, and others known and unknown, unlawfully, intentionally, and knowingly, did combine, conspire, confederate, and agree together and with each other to violate the narcotics laws of the United States. 2. It was a part and an object of the conspiracy that Case Document 33 Filed 06/07/05 Page 2 of 15 QUIRINO ERNESTO PAULINO CASTILLO, a/k/a ?El Don,? LUIS EDUARDO RODRIGUEZ CORDERO, a/k/a ?Principe,? BLADIMIR GARCIA JIMENEZ, a/k/a ?Vladi,? LUIS DAVID ULLOA, a/k/a "Junior," JEAN PAUL ULLOA, and JUAN SAMUEL RODRIGUEZ CORDERO, a/k/a "Sammy," the defendants, and others known and unknown, would and did import into the United States from a place outside thereof a controlled substance, to wit, 5 kilograms and more of a mixture and substance containing a detectable amount of cocaine, in violation of Sections 812, 952 and 960(b)(1)(B) of Title 21, United States Code. 3. It was further a part and an object of the conspiracy that QUIRINO ERNESTO PAULINO CASTILLO, a/k/a ?El Don," LUIS EDUARDO RODRIGUEZ CORDERO, a/k/a ?Principe,? BLADIMIR GARCIA JIMENEZ, a/k/a ?Vladi,? LUIS DAVID ULLOA, a/k/a "Junior," JEAN PAUL ULLOA, and JUAN SAMUEL RODRIGUEZ CORDERO, a/k/a ?Sammy," the defendants, and others known and unknown, would and did distribute a controlled substance, to wit, five kilograms and more of mixtures and substances containing a detectable amount of cocaine, intending and knowing that such controlled substance would be unlawfully imported into the United States and into waters within a distance of 12 miles of the coast of the United States, in violation of Sections 959, 960(a)(3) and 960(b)(l)(B) of Title 21 of the United States Code. Overt Acts 4. In furtherance of the conspiracy and to effect the illegal objects thereof, the following overt acts, among others, Case Document 33 Filed 06/07/05 Page 3 of 15 were committed in the Southern District of New York and elsewhere: a. On or about September 23, 2003, QUIRINO ERNESTO PAULINO CASTILLO, a/k/a ?El Don," and LUIS EDUARDO RODRIGUEZ CORDERO, a/k/a ?Principe," had a telephone conversation regarding, among other things, a shipment of cocaine that was to be delivered to JUAN SAMUEL RODRIGUEZ CORDERO, a/k/a Sammy," in New York City. b. On or about September 24, 2003, LUIS DAVID ULLOA, a/k/a "Junior," and LUIS EDUARDO RODRIGUEZ CORDERO, a/k/a "Principe," had a telephone conversation regarding, among other things, a shipment of cocaine that had been delivered to a coconspirator not charged herein in New York City. c. On or about September 24, 2003, LUIS DAVID ULLOA, a/k/a "Junior," and JUAN SAMUEL RODRIGUEZ CORDERO, a/k/a "Sammy," had a telephone conversation regarding, among other things, a shipment of cocaine that had been delivered to in New York City. d. On or about September 27, 2003, LUIS DAVID ULLOA, a/k/a "Junior,? LUIS EDUARDO RODRIGUEZ CORDERO, a/k/a "Principe," and had a telephone conversation regarding, among other things, a shipment of cocaine that had been delivered to in New York City. e. On or about September 27, 2003, LUIS DAVID ULLOA, a/k/a "Junior," and JEAN PAUL ULLOA had a telephone conversation regarding, among other things, a shipment of cocaine Case Document 33 Filed 06/07/05 Page 4 of 15 that had been delivered to in New York City. f. On or about October 9, 2003, QUIRINO ERNESTO PAULINO CASTILLO, a/k/a ?El Don,? and LUIS EDUARDO RODRIGUEZ CORDERO, a/k/a ?Principe," had a telephone conversation regarding, among other things, a shipment of cocaine that had been delivered to in New York City. g. On or about October 9, 2003, LUIS EDUARDO RODRIGUEZ CORDERO, a/k/a ?Principe,? BLADIMIR GARCIA JIMENEZ, ?Vladi,? and had a telephone conversation regarding, among other things, a shipment of cocaine that had been delivered to in New York City. (Title 21, United States Code, Section 963.) COUNT TWO The Grand Jury further charges: 5. From as early as September 2003, through and including in or about May 2004, QUIRINO ERNESTO PAULINO CASTILLO, a/k/a ?El Don,? LUIS EDUARDO RODRIGUEZ CORDERO, a/k/a ?Principe,? BLADIMIR GARCIA JIMENEZ, a/k/a ?Vladi,? LUIS DAVID ULLOA, a/k/a "Junior," JEAN PAUL ULLOA, and JUAN SAMUEL RODRIGUEZ a/k/a "Sammy," the defendants, and others known and unknown, unlawfully, intentionally, and knowingly, did combine, conspire, confederate, and agree together and with each other to violate the narcotics laws of the United States. 6. It was a part and an object of the conspiracy that OUIRINO ERNESTO RAULINO CASTILLO, a/k/a ?El Don,? LUIS EDUARDO RODRIGUEZ CORDERO, a/k/a ?Principe,? BLADIMIR GARCIA JIMENEZ, Case Document 33 Filed 06/07/05 Page 5 of 15 a/k/a ?Vladi,? LUIS DAVID ULLOA, a/k/a "Junior," JEAN PAUL ULLOA, and JUAN SAMUEL RODRIGUEZ CORDERO, a/k/a "Sammy," the defendants, and others known and unknown, would and did distribute and possess with intent to distribute a controlled substance, to wit, 5 kilograms and more of a mixture and substance containing a detectable amount of cocaine, in violation of Sections 812, 841(a)(1) and 84l(b)(l)(A) of Title 21, United States Code. Overt Acts 7. In furtherance of the conspiracy and to effect the illegal object thereof, the following overt acts, among others, were committed in the Southern District of New York and elsewhere: a. On or about September 23, 2003, QUIRINO ERNESTO PAULINO CASTILLO, a/k/a ?El Don,? and LUIS EDUARDO RODRIGUEZ CORDERO, a/k/a ?Principe," had a telephone conversation regarding, among other things, a shipment of cocaine that was to be delivered to JUAN SAMUEL RODRIGUEZ CORDERO, a/k/a Sammy," in New York City. b. On or about September 24, 2003, LUIS DAVID ULLOA, a/k/a "Junior," and LUIS EDUARDO RODRIGUEZ CORDERO, a/k/a "Principe," had a telephone conversation regarding, among other things, a shipment of cocaine that had been delivered to in New York City. c. On or about September 24, 2003, LUIS DAVID ULLOA, a/k/a "Junior," and JUAN SAMUEL RODRIGUEZ CORDERO, a/k/a "Sammy," had a telephone conversation regarding, among other Case Document 33 Filed 06/07/05 Page 6 of 15 things, a shipment of cocaine that had been delivered to in New York City. d. On or about September 27, 2003, LUIS DAVID ULLOA, a/k/a ?Junior," LUIS EDUARDO RODRIGUEZ CORDERO, a/k/a "El Principe," and had a telephone conversation regarding, among other things, a shipment of cocaine that had been delivered to in New York City. e. On or about September 27, 2003, LUIS DAVID ULLOA, a/k/a "Junior," and JEAN PAUL ULLOA had a telephone conversation regarding, among other things, a shipment of cocaine that had been delivered to in New York City. f. On or about October 9, 2003, QUIRINO ERNESTO PAULINO CASTILLO, a/k/a ?El Don,? and LUIS EDUARDO RODRIGUEZ CORDERO, a/k/a ?Principe,? had a telephone conversation regarding, among other things, a shipment of cocaine that had been delivered to in New York City. g. On or about October 9, 2003, LUIS EDUARDO RODRIGUEZ CORDERO, a/k/a ?Principe,? BLADIMIR GARCIA JIMENEZ, ?Vladi,? and CCul had a telephone conversation regarding, among other things, a shipment of cocaine that had been delivered to in New York City. (Title 21, United States Code, Section 846.) COUNT THREE The Grand jury further charges: 8. From as early as September 2003 up to and including in or about October 2003, in the Southern District of Case Document 33 Filed 06/07/05 Page 7 of 15 New York and elsewhere, QUIRINO ERNESTO PAULINO CASTILLO, a/k/a ?El Don," LUIS EDUARDO RODRIGUEZ CORDERO, a/k/a ?Principe,? and LUIS DAVID ULLOA, a/k/a "Junior," the defendants, along with others known and unknown, unlawfully, wilfully and knowingly did combine, conspire, confederate and agree together and with each other to violate Section and 1957(a) of Title 18, United States Code. 9. It was a part and an object of the money laundering conspiracy that QUIRINO ERNESTO PAULINO CASTILLO, a/k/a ?El Don," LUIS EDUARDO RODRIGUEZ CORDERO, a/k/a ?Principe,? and LUIS DAVID ULLOA, a/k/a "Junior," the defendants, along with others known and unknown, in an offense involving and affecting interstate and foreign commerce, knowing that the property involved in certain financial transactions, to wit, the transfer of tens of thousands of dollars in cash, represented the proceeds of some form of unlawful activity, unlawfully, wilfully, and knowingly would and did conduct and attempt to conduct such financial transactions which in fact involved the proceeds of specified unlawful activity, to wit, narcotics trafficking, knowing that the transactions were designed in whole or in part to promote the carrying on of said specified unlawful activity, in violation of Section l956(a)(l)(A)(i) of Title 18, United States Code. 10. It was further a part and an object of the money laundering conspiracy that QUIRINO ERNESTO PAULINO CASTILLO, a/k/a ?El Don,? LUIS EDUARDO RODRIGUEZ CORDERO, a/k/a ?Principe," and LUIS DAVID ULLOA, a/k/a "Junior," the defendants, along with~ Case Document 33 Filed 06/07/05 Page 8 of 15 others known and unknown, in an offense involving and affecting interstate and foreign commerce, knowing that the property involved in certain financial transactions, to wit, the transfer of tens of thousands of dollars in cash, represented the proceeds of some form of unlawful activity, unlawfully, wilfully, and knowingly would and did conduct and attempt to conduct financial transactions which in fact involved the proceeds of specified unlawful activity, to wit, narcotics trafficking, knowing that the transactions were designed in whole or in part to conceal and disguise the nature, location, source, ownership and control of the proceeds of specified unlawful activity, in violation of Section 1956(a)(l)(B)(i) of Title 18, United States Code. 11. It was further a part and an object of the money laundering conspiracy that QUIRINO ERNESTO PAULINO CASTILLO, a/k/a ?El Don,? LUIS EDUARDO RODRIGUEZ CORDERO, a/k/a ?Principe," and LUIS DAVID ULLOA, a/k/a "Junior," the defendants, along with others known and unknown, in an offense involving and affecting interstate and foreign commerce, unlawfully, wilfully and knowingly would and did engage and attempt to engage in monetary transactions in criminally derived property that was of a value greater than $10,000 and that was derived from specified unlawful activity, to wit, narcotics trafficking, in violation of Title 18, United States Code, Section 1957(a). THE MEANS AND METHODS OF THE CONSPIRACY 12. Among the means and methods by which QUIRINO ERNESTO PAULINO CASTILLO, a/k/a ?El Don,? LUIS EDUARDO RODRIGUEZ Case 1:04-cr-01353i-KMW Document 33 Filed 06/07/05 Page 9 of 15 CORDERO, a/k/a ?Principe," LUIS DAVID ULLOA, a/k/a "Junior," the defendants, and their co?conspirators would and did carry out the conspiracy were the following: a. Narcotics were imported from the Dominican Republic into and sold in the United States, including in New York City. b. The proceeds from those sales were then collected in the United States and delivered to representatives of the organization in among other places, New York City. c. These drug proceeds were then repatriated back to the Dominican Republic by, among other means, wire transferring the proceeds to various bank accounts in the Dominican Republic. d. Once the money had been received via wire transfer, the drug proceeds were withdrawn by the account holder or his/her representative. e. The proceeds were then delivered by the account holder or his/her representative to the individual who owned the narcotics which had been sold, including to, among others, QUIRINO ERNESTO PAULINO CASTILLO, a/k/a ?El Don,? LUIS EDUARDO RODRIGUEZ CORDERO, a/k/a ?Principe," and LUIS DAVID ULLOA, a/k/a "Junior." f. The proceeds were often exchanged in face to face meetings occurring in parking lots or bus terminals at which duffle bags containing hundreds of thousands of dollars in drug proceeds were exchanged. Case Document 33 Filed 06/07/05 Page 10 of 15 Overt Acts 13. In furtherance of the conspiracy and to effect the illegal objects thereof, the following overt acts, among others, were committed in the Southern District of New York and elsewhere: a. On or about September 12, 2003, QUIRINO ERNESTO PAULINO CASTILLO, a/k/a "El Don," and LUIS DAVID ULLOA, a/k/a "Junior,' had a telephone conversation regarding, among other things, making arrangements for a delivery of narcotics proceeds. b. On or about October 15, 2003, QUIRINO ERNESTO PAULINO CASTILLO, a/k/a ?El Don,? and LUIS EDUARDO RODRIGUEZ CORDERO, a/k/a ?Principe," had a telephone conversation regarding, among other things, making arrangements for a delivery of narcotics proceeds the following day. c. On or about October 16, 2003, in the Dominican Republic, QUIRINO ERNESTO PAULINO CASTILLO, a/k/a ?El Don,? accompanied by LUIS EDUARDO RODRIGUEZ CORDERO, a/k/a ?Principe,? received a bag containing approximately $500,000 in narcotics proceeds from LUIS DAVID ULLOA, a/k/a ?Junior.? (Title 18, United States Code, Section COUNT FOUR 14. In or about December 2004, in the Dominican Republic and elsewhere, QUIRINO ERNESTO PAULINO CASTILLO, a/k/a ?El Don,? TIRSO CUEVAS NIN, and LIDIO ARTURO NIN TERRERO, the defendants, and others known and unknown, unlawfully, 10 Case Document 33 Filed 06/07/05 Page 11 of 15 intentionally, and knowingly combined, conspired, confederated, and agreed together and with each other to violate the narcotics laws of the United States. 15. It was a part and an object of the conspiracy that QUIRINO ERNESTO PAULINO CASTILLO, a/k/a ?El Don,? TIRSO CUEVAS NIN, and LIDIO ARTURO NIN TERRERO, the defendants, and others known and unknown, would and did import into the United States from a place outside thereof a controlled substance, to wit, 5 kilograms and more of a mixture and substance containing a detectable amount of cocaine, in violation of Sections 812, 952 and 960(b)(l)(B) of Title 21, United States Code. 16. It was further a part and an object of the conspiracy that QUIRINO ERNESTO PAULINO CASTILLO, a/k/a ?El Don,? TIRSO CUEVAS NIN, and LIDIO ARTURO NIN TERRERO, the defendants, and others known and unknown, would and did distribute a controlled substance, to wit, five kilograms and more of mixtures and substances containing a detectable amount of cocaine, intending and knowing that such controlled substance would be unlawfully imported into the United States and into waters within a distance of 12 miles of the coast of the United States, in violation of Sections 959, 960(a)(3) and 960(b)(l)(B) of Title 21 of the United States Code. Overt Acts 17. In furtherance of the conspiracy and to effect the illegal objects thereof, the following overt acts, among others, were committed: ll Case Document 33 Filed 06/07/05 Page 12 of 15 a. On or about December 18, 2004, OUIRINO ERNESTO PAULINO CASTILLO, a/k/a ?El Don," the defendant, had a telephone conversation in which he discussed, among other things, a shipment of approximately 1300 kilograms of cocaine. b. On or about December 18, 2004, in the Dominican Republic, TIRSO CUEVAS NIN and LIDIO ARTURO NIN TERRERO drove a vehicle containing approximately 1300 kilograms of cocaine. (Title 21, United States Code, Section 963). COUNT FIVE The Grand Jury further charges: 18. In or about December 2004, in the Dominican Republic and elsewhere, QUIRINO ERNESTO PAULINO CASTILLO, a/k/a ?El Don,? TIRSO CUEVAS NIN, and LIDIO ARTURO NIN TERRERO, the defendants, unlawfully, intentionally, and knowingly did distribute a controlled substance, to wit, five kilograms and more of mixtures and substances containing a detectable amount of cocaine, intending and knowing that such controlled substance would be unlawfully imported into the United States and into waters within a distance of 12 miles of the coast of the United States. (Title 21, United States Code, Sections 952, 959(a)(1), and 960(a)(3) and Title 18, United States Code, Section 2). 12 Case Document 33 Filed 06/07/05 Page 13 of 15 FORFEITURE ALLEGATION 19. As a result of committing one or more of the controlled substance offenses alleged in Counts One and Two of this Indictment, QUIRINO ERNESTO PAULINO CASTILLO, a/k/a ?El Don," LUIS EDUARDO RODRIGUEZ CORDERO, a/k/a ?Principe,? BLADIMIR GARCIA JIMENEZ, a/k/a ?Vladi,? LUIS DAVID ULLOA, a/k/a "Junior," JEAN PAUL ULLOA, and JUAN SAMUEL RODRIGUEZ CORDERO, a/k/a "Sammy," the defendants, shall forfeit to the United States, pursuant to 21 U.S.C. ?853, any and all property constituting and derived from any proceeds the said defendants obtained directly or indirectly as a result of the said violation and any and all property used or intended to be used to facilitate the commission of the Violations alleged in Counts One and Two of this Indictment, including, but not limited to, the following: a. MONEY JUDGEMENT. Approximately $7,000,000 in U.S. currency, representing the amount of proceeds obtained as a result of the offense(s), for which the defendants are jointly and severally liable with any and all co-conspirators. Substitute Asset Provision 15. If any of the above?described forfeitable property, as a result of any act or omission of the defendants: cannot be located upon the exercise of due diligence; has been transferred or sold to, or deposited with, a third party; has been placed beyond the jurisdiction of the court; has been substantially diminished in value; or has been commingled with other property which cannot be 13 Case Document 33 Filed 06/07/05 Page 14 of 15 divided without difficulty; it is the intention of the United States, pursuant to 21 U.S.C. 853(p), to seek forfeiture of any other property of said defendant up to the value of the above forfeitable property. (Title 21, United States Code, Section 853) J) DAVID N. KELLEY United States Attorney__ l4 Case Document 33 Filed 06/07/05 Page 15 of 15