Case 3:22-cr-00328-FAB Document 1 Filed 07/13/22 Page 1 of 1

AO 91 (Rev. 11/1 1) Criminal Complaint

UNITED STATES DISTRICT COURT

for the

District of Puerto Rico

United States of America

V.
)
[1] FRANCISCO RJVERA-RJVERA
[2] SANTIAGO RAMIREZ CaseNo.22-S^C^)
[3] TEDDY VERGARA-LOPEZ
[4] JONATHAN CASTRO-RIVERA

Defendants)

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 July 11,2022 in the county of in the

District of Puerto Rico , the defendants) violated:

Code Section Offense Description

21 U.S.C. §846, and Conspiracy To Possess With Intent to Distribute 5 kilograms or More of a
21 U.S.C. §841(a)(l) & (b)(l)(A)(ii) Mixture or Substance Containing a Detectable Amount of Cocaine, a Scheduled
n Narcotic Drug Controlled Substance.

This criminal complaint is based on these facts:

See attached affidavit.

The United States requests that defendants be detained.
Approved by AUSA Manuel Muniz-Lorenzi

Continued on the attached sheet.

FRANCISCO J Digitally signed by FRANCISCO J
GREGORY
GREGORY Date: 2022.07.13 10:34:54-04'00'

Complainant's signature

Special Agent Francisco Gregory

Printed name and title
T^v
i0^"... . . / <7' -i^^f<
C^ ^ r r> pursuant to FRCP 4.1 at I <^ • c ^ , by telephone, this t -5 of July 2022, in San Juan, Puerto Rico

Date: % ZoZ^

City and state: San Juan, Puerto Rico Hon, Marcos Lopez U.S. Magistrate Judge
Printed name and title
 Case 3:22-cr-00328-FAB Document 1-1 Filed 07/13/22 Page 1 of 10

AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT

I, Francisco Gregory, being first duly sworn, do hereby depose and state that:

INTRODUCTION AND AGENT BACKGROUND

1. I am a Special Agent with Homeland Security Investigations ("HSI") and have been

since August of 2018. I am currently assigned to the Organized Crime Drug Enforcement Task

Force ("OCDETF") Caribbean Corridor Strike Force ("CCSF"). I was previously employed as a

Financial Fraud analyst with the Banco Popular of Puerto Rico for approximately two years.

2. I graduated from the twelve week "Criminal Investigator Training Program and

the sixteen week "Homeland Security Investigations Special Agent Training Academy ,

conducted at the Federal Law Enforcement Training Center in Glynco, Georgia. I have received

training and have participated in criminal investigations, including investigations relating to the

reentry of previously removed aliens, narcotics smuggling, financial investigations, aiding and

harboring of aliens smuggled into the U.S. jurisdictions, production of child pornography, among

others.

3. I have participated in narcotics investigations as the case agent. I have debriefed

defendants, witnesses, and informants who had personal knowledge of major narcotics

trafficking organizations. Additionally, I have participated in many aspects of narcotics

investigations including conducting physical surveillance, writing, and executing search

warrants, and conducting arrests. I have testified in Judicial proceedings for violations of laws

concerning controlled substances.

 Case 3:22-cr-00328-FAB Document 1-1 Filed 07/13/22 Page 2 of 10

4. Based on my training, experience, and information from other investigators, I am

familiar with narcotics' traffickers' methods of operation including the distribution, storage, and

transportation of narcotics, and the collection of money proceeds of narcotics trafficking.

5. I am also familiar with methods employed by large narcotics organizations to

thwart detection by law enforcement, including the use of vague and coded language, debit

callings cards, cellular telephone technology, counter surveillance, false and fictitious identities,

encrypted mobile applications and encoded communications.

6. I have received instruction and training and have participated in investigations

involving drug trafficking organizations and the laundering of drug proceeds. I have used a variety

of investigative techniques including interviews of informants and cooperating witnesses; physical

surveillance; controlled drug purchases; consensual monitoring and recording oftelephonic and

non-telephonlc communications; analyzing telephone pen register and caller identification system

data; and search and arrest warrants that have led to seizures of narcotics, firearms, and other

contraband.

7. Because this Affidavit Is submitted for the limited purpose of establishing

probable cause, I have not included all ds of every aspect of this investigation. I have set forth

only the facts that I believe are necessary to establish probable cause of the commission of

federal crimes or offenses. I am thoroughly familiar with the information contained in this

Affidavit, either through personal investigation or discussions with other law enforcement

officers involved in the investigation.

8. This affidavit is submitted in support of a criminal complaint charging Teddy

VERGARA-Lopez, Santiago RAMIREZ, Jonathan CASTRO-Rivera, and Francisco RIVERA-

Rivera for : (1) Conspiracy to Import a Controlled Substance into the United States in violation
 Case 3:22-cr-00328-FAB Document 1-1 Filed 07/13/22 Page 3 of 10

of 21 U.S.C §§ 952(a), 960(a)(l) and (b)(l)(B)(ii), 963; (2) Importation of a Controlled Substance

into the United States in violation of 21 U.S.C. §§ 952(a), 960(a)(l) and (b)(l)(B)(ii), and 18

U.S.C. § 2; (3) Conspiracy to Posses with Intent to Distribute a Controlled Substance in violation

of 21 U.S.C. § 841(a)(l) & (b)(l)(A)(ii), and 846; and (4) Possession with Intent to Distribute a

Controlled Substance in Violation of 21 U.S.C § 841(a)(l) & (b)(l)(A)(ti).

PROBABLE CAUSE

9. During the morning of July 09, 2022, at approximately 8:00 a.m.. United States

Customs and Border Protection ("CBP") officers were conducting a routine inspection of Marine

Vessel Lyktos ("MV LYKTOS") located in San Juan, Puerto Rico, at Pier 15, to inspect the cargo

that was entering the United States. MV LYKTOS had arrived from the port of Santo Domingo,

Dominican Republic. During their inspection, CBP Officers referred three containers to the

Seaport Examination Site for further inspection.

10. During a secondary examination, a CBP K9 alerted to one of the pallets inside

container number MXRU6205231 (hereinafter referred to as "TARGET CONTAINER"),

security seal: MXRS-63719, which had a declared commodity ofChlorine. During a secondary

X-Ray inspection of this container, CBP officers discovered 7 boxes with discrepancies, that

weighed heavier than the rest of the boxes. CBP Officers opened the boxes and encountered blue

x-ray lead aprons, and inside, duffel bags with brick shaped packages. These brick shaped

packages contained a white powdery substance. The substance was tested by CBP Officers and

reacted positive to the properties of cocaine. Based on my training and experience, dru^

smuggling organizations attempt to conceal contraband from x-ray machines by covering

contraband in lead to deter detection by x-ray machines. The total weight of the seized cocaine

is 178.6 kilograms. There were no other discrepancies found in the inspection of the remaining

boxes inside the TARGET CONTAINER.

 Case 3:22-cr-00328-FAB Document 1-1 Filed 07/13/22 Page 4 of 10

11. Shortly after, CBP Officers contacted HSI Special Agents, who arrived on scene

at the Seaport Examination Site. Upon verifying the one of the boxes with cocaine, HSI Special

Agents and CBP Officers discovered a counterfeit or "cloned" security seal "MXRS-63719",

which is used to determine that the goods or commodity inside the containers are untampered.

EXHIBIT 1: CLONED SECURITY SEAL FOUND INSIDE ONE BOX WITH COCAINE

(TOP) & SECURITY SEAL THAT WAS PLACED IN TARGET CONTAINER,

OPENED BY CBP OFFICERS (BOTTOM)

12. Based on my training and experience, and conversations with other law

enforcement officers and sources ofinfonnation, security seals, that protect the cargo inside the

container, are often tampered with and destroyed in order to introduce and/or remove
 Case 3:22-cr-00328-FAB Document 1-1 Filed 07/13/22 Page 5 of 10

contraband, often illicit drugs, from containers. The security seals are often replaced with counterfeit

seals, to avoid law enforcement detection. Often times, when a security seal is found, "rip crews"

or a group of individuals, will attempt to clandestmely enter the ports or the yard where the

containers are located, to retrieve contraband, often times drugs, without alerting or being detected

by law enforcement.

13. HSI Special Agents then replaced the cocaine with "sham" cocaine and packaged

the container back in a similar manner as to how it was found to attempt a controlled delivery.

CBP Officers sealed the container with a CBP security seal. The boxes containing the sham were

placed In a pallet close to the middle of the container.

14. On Monday July 11, 2022, at approximately 9:00 a.m., CBP Officers and HSI

Special Agents returned the TARGET CONTAINER to Pier 15 located in San Juan, Puerto Rico

and began surveillance of the container.

15. At approximately 3:40 p.m., HSI Special Agents conducting surveillance within

the vicinity of Pier 15, observed a gray Toyota 4 Runner bearing Puerto Rico license plate GWK-

753, approach and park outside the fencing of Pier 15, where TARGET CONTAINER was

located. A black, heavy male exited the driver side of the vehicle, and walked towards the fence

where TARGET CONTAINER was located. HSI Special Agents observed the black, heavy

male, while he was looking at the TARGET CONTALNER. Shortly after, the male entered the

driver side of the gray Toyota 4 Runner and departed the vicinity of Pier 15.

16. HSI Special Agents conducted database queries and discovered that the gray

Toyota 4 Runner bearing license plate GWK-753 is registered to Santiago RAMIREZ, from

Barrio Obrero, San Juan, Puerto Rico.

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17. At approximately 9:40 P.M. HSI Special Agents observed a small white van

entering the vicinity of Pier 15, where the gray Toyota 4 Runner was previously observed. The

small white van parked near the fencing of Pier 15, where TARGET CONTABsTER was located.

HSI Special Agents conducting surveillance observed one male in dark clothing exit the small

white van and trespass into Pier 15 by jumping a fence and walking towards TARGET

CONTAINER. After short while, the male that trespassed into Pier 15, returns to the fence, and pries it

open, in order for the three other male individuals dressed in dark clothing to enter Pier 15.

Exhibit 2 PIER 15 PERIMETER FENCE FORCED OPEN

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18. Subsequently, HSI Special Agents observed the four individuals dressed in dark

clothing approach and open TARGET CONTAINER. HSI Special Agents observed three

individuals inside the TARGET CONTAINER. HSI Special Agents observed one of the four

individuals outside the container, watching his surroundings, in what appeared to be, looking out

for law enforcement presence. HSI Special Agents immediately arrived on scene and announcing

their presence, detained the four individuals dressed in dark clothing.

19. HSI Special Agents noticed that the TARGET CONTAFNER, had been tampered

with on the inside. Several boxes inside the container were damaged. Agents noticed that several

boxes found near the end of the container were removed from the pallets and opened. Even

though the boxes were opened, Agents did not find Chlorine bottles removed from any of the

opened/tampered boxes.

Exhibit 3 INSIDE OF TARGET CONTAINER WITH OPENED BOXES CONTAINING

CHLORINE
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Exhibit 4 TARGET CONTAINER OPENED WITH BOLT CUTTERS (RED BOX)

20. The four male individuals were identified as Teddy VERGARA-Lopez, Francisco

RIVERA-Rivera, Jonathan CASTRO-Rivera and Santiago-RAMIREZ. The four individuals

were transported to HSI facilities for interview.

21. RAMIREZ was advised of his Miranda Rights in his native language, Spanish.

During the interview, RAMIREZ waived his Miranda Rights and voluntarily admitted his

participation in this drug smuggling venture. Additionally, RAMIREZ admitted that he verified

the status of the container at approximately 3:40 p.m., and that he was driving the gray Toyota 4

Runner that HSI Special Agents had observed. RAMIREZ also stated that he was driving the

white small van that was seen entering the vicinity of Pier 15 on July 11, 2022, at night, with the

other three individuals.

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22. HSI Special Agents received consent to examine several mobile devices that

belonged to the four individuals. There were also some mobile devices that were abandoned by

the individuals. HSI Special Agents conducted a physical examination of the abandoned devices.

The examination revealed that the abandoned devices were being used by Santiago RAMIREZ

and Francisco RIVERA-Rivera.

23. A physical examination of a device belonging to Teddy VERGARA-Lopez

revealed communications with Francisco RIVERA-Rivera on July 10, 2022, via WhatsApp,

asking why Francisco RIVERA-Rivera has not notified VERGARA-Lopez of anything yet. The

examination also revealed that RIVERA-Rivera stated that he would contact VERGARA-Lopez

tomorrow. Additionally, there is a picture sent by RIVERA-Rivera to VERGARA-Lopez, of

what appeared to be a vacuum sealed, brick shaped package, consistent with the appearance of a

brick or kilogram of drugs.

24. A physical examination of a device belonging to Francisco RIVERA-Rivera

revealed communication between the devices belonging to Santiago RAMIREZ and Teddy

VERGARA-Lopez.

25. A physical examination of a device belonging to Santiago RAMIREZ revealed

communications with Francisco RIVERA-Rivera on Saturday, July 09, 2022, discussing via

WhatsApp the status of the TARGET CONTAINER.

26. A physical examination of a device belonging to Santiago RAMIREZ revealed

communications with Jonathan CASTRO-Rlvera. On July 11,2022, there were several calls

made by RAMIREZ to CASTRO-Rivera, from approximately 3:49 p.m. (shortly after HSI

Special Agents observed RAMIREZ departing the Pier 15 yard while he was observing the

TARGET CONTAINER.).
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27. Another call was made at approximately 7:50 p.m. The third and last call was

made at 9:21 p.m. (minutes before HSI Special Agents observed the white small van being

driven by RAMIREZ, along with VERGARA-Lopez, RIVERA-Rlvera, and CASTRO-Rivera).

CONCLUSION

28. I believe there is probable cause to believe that RAMGtEZ, RIVERA-Rivera,

CASTRO-Rlvera and VERGARA-Lopez committed a federal felony offense violation of: (1)

Conspiracy to Import a Controlled Substance into the United States in violation of 21 U.S.C §§

952(a), 960(a)(l) and (b)(l)(B)(ii), 963; (2) Importation of a Controlled Substance into the

United States in violation of 21 U.S.C. §§ 952(a), 960(a)(l) and (b)(l)(B)(ii), and 18 U.S.C. § 2;

(3) Conspiracy to Possess with Intent to Distribute a Controlled Substance in violation of 21

U.S.C. § 84l(a)(l) & (b)(I)(A)(ii), and 846; and (4) Possession with Intent to Distribute a

Controlled Substance in Violation of 21 U.S.C § 841(a)(l) & (b)(l)(A)(ii).

Respectfully submitted,
FRANCISCO J Digitally signed by FRANCISCO J
GREGORY
Date: 2022.07.13 09:34:10 -04'00'

Francisco Gregory
Special Agent
Homeland Security Investigations

^worn in accordance with the requirements of Fed. R. Crim. P. 4.1 by telephone at

[O.'.Q.Cp 7PM on July V^, 2022 in San Juan, Puerto Rico.

^€3^1^^^^^—. ---_._,
Honorable Marcos Ldpez
/ UNITED STATES MAGISTRATE JUDGE