APR I 9 2017 - WAVY-TV · PDF filenuo in the united states district cour f forthe eastern...

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IN THE UNITED STATES DISTRICT COUR f

FOR THE EASTERN DISTRICT OF VIRGINM

APR I 9 2017

UNITED STATES OF AMERICA

V.

JUAN RIVERA-GUTIERREZ,a/k/a "Franky"a/k/a "El Gordo"

(Counts 1,4-9, 11-12)

and

PEDRO PABON, JR.,a/k/a "Tony"

(Counts 1-3, 10)

Defendants.

CLEHK, U.S. DiSTRiCT COURTKOR'-OlK. VA

Norfolk Division

UNDER SEAL

CRIMINAL NO. 2:17cr

21U.S.C. §846Conspiracy to Distribute Cocaine(Count 1)

21 U.S.C. §§ 841(a)(1) and (b)(1)(C)Distribution of Cocaine

(Counts 2-10)

18 U.S.C. § 924(c)(1)(A)Possession of Firearms During and Relationto a Drug Trafficking Crime(Count 11)

26 U.S.C. § 5861(d)Possession of an Unregistered NationalFirearms Act Firearm (Silencer)(Count 12)

18 U.S.C. § 924(d), 21 U.S.C. § 853,28 U.S.C. §2461Criminal Forfeiture

INDICTMENT

April 2017 Term - at Norfolk, Virginia

THE GRAND JURY CHARGES THAT;

COUNT ONE

(Conspiracy to Distribute Cocaine)

Beginning on a date unknown, but no later than September 2013, and continuing

thereafter until in or about April 2017, within the Eastern District of Virginia and elsewhere, the

defendants, JUAN RIVERA-GUTIERREZ, a/k/a "Franky," a/k/a "El Gordo," and PEDRO

Case 2:17-cr-00060-AWA-DEM Document 1 Filed 04/19/17 of 13 PageID# 1

PABON, JR., a/k/a "Tony," did unlawfully, knowingly, and intentionally combine, conspire,

confederate, and agree with each other and with other persons, both known and unknown to the

grand jury, to commit the following offense: unlawfully, knowingly and intentionally

manufacture, distribute, and possess with intent to distribute, five hundred (500) grams or more

of a mixture and substance containing a detectable amount of cocaine, a Schedule II controlled

substance, in violation ofTitle 21, United States Code, Sections 841(a)(1) and (b)(1)(B).

Ways, Manner, and Means of the Conspiracy

1. It was part of the conspiracy for JUAN RIVERA-GUTIERREZ and PEDRO

PABON, JR. to serve as suppliers ofwholesale quantities of cocaine in the Hampton Roads area.


PABON, JR. to traffic wholesale amounts of cocaine from New York, North Carolina, and

Florida to the Hampton Roads area ofVirginia and to West Virginia for resale.


PABON, JR. to use code language for cocaine, like "fire," "motors," and "cheese."

4. It was part of the conspiracy for JUAN RIVERA-GUTIERREZ to sell firearms

along with cocaine.

OVERT ACTS

In furtherance of the conspiracy and to accomplish the objective thereof, the following

overt acts were committed in the Eastern District ofVirginia and elsewhere:

1, On or about May 29, 2014, in Virginia Beach, Virginia, PEDRO PABON, JR. sold

approximately one ounce of cocaine for approximately $1,260 in United States currency to a

confidential informant ("CI-1").

2, On or about September 3, 2014, in Virginia Beach, Virginia, PEDRO PABON, JR.


negotiated a sale of cocaine with CI-1.

3. On or about September 25, 2014, in Virginia Beach, Virginia, PEDRO PABON,

JR. sold approximately one ounce of cocaine for approximately $1,250 in United States currency

to CI-1.

4. On or about December 3, 2015, in Virginia Beach, Virginia, PEDRO PABON, JR.

met with CI-1 in the parking lot of a Food Lion grocery store where PABON was employed ("the

Food Lion"). PABON provided advice to CI-1 on how to add cutting agents to cocaine to increase

profits. PABON suggested adding a cutting agent to cocaine known as "Aroma," a product

commonly used as a carpet cleaner.

5. On or about December 7,2015, in Chesapeake, Virginia, PEDRO PABON, JR. met

with CI-1 to advise him/her that JUAN RIVERA-GUTIERREZ was ready to deal wholesale

amounts ofcocaine directly to him/her. PABON indicated that the quality of the cocaine was so

good that it was referred to as "fire," and he instructed CI-1 to refer to "motors" when discussing

ounces ofcocaine with RIVERA-GUTIERREZ.

6. On or about December 7, 2015, JUAN RIVERA-GUTIERREZ contacted CI-1 to

negotiate the sale of an ounce of cocaine. RIVERA-GUTIERREZ described the cocaine as un

cut and of good quality.

7. On or about December 9, 2015, JUAN RIVERA-GUTIERREZ negotiated the sale

of two ounces of cocaine with CI-1.

8. On or about December 10, 2015, in Virginia Beach, Virginia, in the Food Lion

parking lot, JUAN RIVERA-GUTIERREZ sold approximately two ounces of cocaine for

approximately $2,400 in United States currency to CI-1.

9. On or about December 13,2015, JUAN RIVERA-GUTIERREZ informed CI-1 that


he had more cocaine to sell and was willing to sell three ounces for $1,000 an ounce.

10. On or about December 16, 2015, in Virginia Beach, Virginia, in the Food Lion

parking lot, JUAN RIVERA-GUTIERREZ sold approximately three ounces ofcocaine to CI-1 for

approximately $3,000 in United States currency.

11. On or about December 18, 2015, JUAN RIVERA-GUTIERREZ contacted CI-1

and offered to sell a kilogram ofcocaine for $42,000.

12. On or about December 22,2015, PEDRO PABON, JR. told CI-1 that PABON and

RIVERA-GUTIERREZ were looking for new customers who were interested in purchasing

cocaine. PABON informed CI-1 that he could obtain kilogram amounts ofcocaine from sources

of supply in New York for approximately $34,000, and offered to provide such cocaine on an

upfront or consignment basis.

13. On or about January 13, 2016, PEDRO PABON, JR. informed CI-1 that he and

JUAN RIVERA-GUTIERREZ could procure kilogram amounts of cocaine and that it was most

profitable to purchase a kilogram and re-sell it in ounce quantities for $1,000 each.

14. On or about March 24, 2016, PEDRO PABON, JR. contacted JUAN RIVERA-

GUTIERREZ to arrange the sale ofmultiple ounces of cocaine to CI-1.

15. On or about April 12,2016, PEDRO PABON, JR. met with CI-1 to further discuss

a sale of multiple ounces of cocaine. PABON informed CI-1 that he would contact JUAN

RIVERA-GUTIERREZ later that day to organize the transaction.

16. On or about April 13, 2016, PEDRO PABON, JR. informed CI-1 that JUAN

RIVERA-GUTIERREZ had the "white stuff and would soon be ready to sell it.

17. On or about May 23, 2016, in Virginia Beach, Virginia, in the Food Lion parking

lot, JUAN RIVERA-GUTIERREZ sold approximately three ounces of cocaine to CI-1 for



18. On or about June 8,2016, JUAN RIVERA-GUTIERREZ and CI-1 had aphone call

to discuss extra cash that CI-1 had given RIVERA-GUTIERREZ during the May 23,2016, cocaine

transaction. RIVERA-GUTIERREZ informed CI-1 that he/she would be compensated with extra

cocaine during the next drug transaction.

19. On or about June 10, 2016, in Virginia Beach, Virginia, in the Food Lion parking

lot, JUAN RIVERA-GUTIERREZ distributed approximately one ounce of cocaine to CI-1.

20. On or about July 5, 2016, JUAN RIVERA-GUTIERREZ informed CI-1 that a

complete "motor," referring to a kilogram of cocaine, could be purchased from him for $36,000.

21. On or about July 20, 2016, PEDRO PABON, JR. met with CI-1 in the Food Lion

parking lot and informed him/her that JUAN RIVERA-GUTIERREZ was expecting a shipment of

cocaine to sell.

22. On or about August 15, 2016, PEDRO PABON, JR. discussed future sales of

cocaine with CI-1.

23. On or about September 28,2016, JUAN RIVERA-GUTIERREZ contacted CI-1 to

discuss a new shipment of cocaine he had recently received and told CI-1 he could provide CI-1

with whatever quantity he/she needed. RIVERA-GUTIERREZ sent a photo to CI-1 of a custom

motorcycle that he had seized from a drug customer who was unable to pay a drug debt.

24. On or about October 1, 2016, JUAN RIVERA-GUTIERREZ told CI-1 that he had

been providing a kilogram ofcocaine on a weekly basis to a customer in North Carolina. Because

the customer was unable to re-pay the debt, RIVERA-GUTIERREZ claimed he had seized a

custom motorcycle and a boat as payment.

25. On or about October 13, 2016, JUAN RIVERA-GUTIERREZ negotiated the sale


of cocaine and multiple firearms with CI-1.

26. On or about October 20, 2016, in Virginia Beach, Virginia, in the Food Lion

parking lot, JUAN RIVERA-GUTIERREZ sold CI-1 approximately two ounces of cocaine for

approximately $2,000 in United States currency and five firearms with high capacity clips and a

silencer for approximately $5,000 in United States currency. RIVERA-GUTIERREZ sold a

Russian Izhmash Saiga 12 caliber shotgun, an Israeli Tavor Sar 556 caliber rifle, a DMPS Panther

223 caliber rifle, a stolen Olympic MRF AR-15 multi-caliber rifle, and a Colt M4LE 556 caliber

rifle. Additionally, RIVERA-GUITIERREZ sold a Knights Armament QD 556 caliber silencer,

which was a United States Department of Defense asset.

27. On or about November 17, 2016, in Virginia Beach, Virginia, in the Food Lion

parking lot, JUAN RIVERA-GUTIERREZ sold approximately four ounces ofcocaine to CI-1 for


28. From in or about June 10, 2016, to in or about November 17, 2016, PEDRO

PABON, JR. supplied the cocaine that JUAN RIVERA-GUTIERREZ sold to CI-1.

29. On or about December 28, 2016, JUAN RIVERA-GUTIERREZ contacted CI-1

and offered to sell him/her cocaine.

30. On or about January 17, 2017, JUAN RIVERA-GUTIERREZ negotiated a sale of

four ounces of cocaine with CI-1.

31. On or about January 18, 2017, PEDRO PABON, JR. met with CI-1 to inform

him/her that he would not know the price until he was able to examine the "batch" of cocaine.

PABON informed CI-1 that the price of an ounce of cocaine was higher since it was difficult to

traffic into Virginia. PABON described to CI-1 JUAN RIVERA-GUTIERREZ's methods for

cutting cocaine and adding adulterants to it for additional profit. PABON agreed to sell cocaine


to CI-1 for the same price he was selling it to RIVERA-GUITIERREZ,

32. On or about January 27, 2017, PEDRO PABON, JR. negotiated the sale of cocaine

with CI-1.

33. On or about January 30,2017, in Virginia Beach, Virginia, in the Food Lion parking

lot, PEDRO PABON, JR. sold approximately two ounces of cocaine to CI-1 for approximately

$2,400 in United States currency.

34. On or about March 23, 2017, in Chesapeake, Virginia, PEDRO PABON, JR.

informed CI-1 about the efforts he made the previous day to contact JUAN RIVERA-

GUTIERREZ's source of supply to obtain cocaine.

(All in violation ofTitle 21, United States Code, Section 846.)


COUNT TWO

(Distribution of Cocaine)

On or about May 29, 2014, in Virginia Beach, Virginia, within the Eastern District of

Virginia, the defendant, PEDRO PABON, JR., a/k/a "Tony," did unlawfully, knowingly and

intentionally distribute a mixture and substance containing a detectable amount of cocaine, a

schedule II controlled substance.

(In violation ofTitle 21, United States Code, Sections 841(a)(1) and (b)(1)(C).)

COUNTTHREE


On or about September 25, 2014, in Virginia Beach, Virginia, within the Eastern District

ofVirginia, the defendant, PEDRO PABON, JR., a/k/a "Tony," did unlawfully, knowingly and

intentionally distribute a mixture and substance containing a detectable amount of cocaine, a

schedule II controlled substance.


COUNT FOUR


On or about December 10, 2015, in Virginia Beach, Virginia, within the Eastem District

ofVirginia, the defendant, JUAN RIVERA-GUTIERREZ, a/k/a "Franky," a/k/a "El Gordo," did

unlawfully, knowingly and intentionally distribute a mixture and substance containing a

detectable amount ofcocaine, a schedule II controlled substance.


8


COUNT FIVE


On or about December 16, 2015, in Virginia Beach, Virginia, within the Eastern District



detectable amount of cocaine, a schedule II controlled substance.

(In violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).)

COUNT SIX


On or about May 23, 2016, in Virginia Beach, Virginia, within the Eastern District of

Virginia, the defendant, JUAN RIVERA-GUTIERREZ, dJkJdi "Franky," a/k/a "El Gordo," did




COUNT SEVEN

(Distribution ofCocaine)

On or about June 10, 2016, in Virginia Beach, Virginia, within the Eastern District of

Virginia, the defendant, JUAN RIVERA-GUTIERREZ, a/k/a "Franky," a/k/a "El Gordo," did





COUNT EIGHT

(Distribution ofCocaine)

On or about October 20, 2016, in Virginia Beach, Virginia, within the Eastern District of





COUNT NINE


On or about November 17, 2016, in Virginia Beach, Virginia, within the Eastern District





COUNT TEN


On or about January 30, 2017, in Virginia Beach, Virginia, within the Eastern District of





10


COUNT ELEVEN

(Possession of Firearms During and Relation to a Drug Trafficking Crime)

On or about October 20, 2016, in Virginia Beach, Virginia, within the Eastern District of

Virginia, the defendant, JUAN RIVERA-GUTIERREZ, a/k/a "Franky," ayTi/a "El Gordo," did

knowingly and unlawfully possess one or more firearms in furtherance of, and use and carry one

or more firearms during and in relation to, a drug trafficking crime for which he may be

prosecuted in a court of the United States, including but not limited to the drug trafficking crime

alleged in Count Eight of this Indictment, which description of said drug trafficking crime is re-

alleged and incorporated by reference as if set forth in full herein.

(In violation of Title 18, United States Code, Section 924(c)(1)(A).)

COUNT TWELVE

(Possession of Unregistered Silencer)

On or about October 20,2016, in Virginia Beach, Virginia, within the Eastern District of


knowingly possess a firearm that was required to have been registered in the National Firearms

Registration and Transfer Record, to wit: a Knights Armament QD 556 caliber silencer; and was

not registered to the defendant in the National Firearms Registration and Transfer Record.

(In violation ofTitle 26, United States Code, Section 5861(d).)

11


CRIMINAL FORFEITURE

THE GRAND JURY FURTHER ALLEGES AND FINDS PROBABLE CAUSE THAT:

1. The defendants, JUAN RIVERA-GUTIERREZ, a/k/a "Franky," a/k/a "El Gordo,"

and PEDRO PABON, JR., a/k/a "Tony," if convicted of any ofthe violations alleged in this

Indictment, shall forfeit to the United States, as part of the sentencing pursuant to Federal Rule of

Criminal Procedure 32.2, any firearm or ammunition involved in or used in the violation.

2. The defendants, JUAN RIVERA-GUTIERREZ, "Franky," Msi "El Gordo,"

and PEDRO PABON, JR., a/k/a "Tony," if convicted of any of the violations alleged in counts

one through ten of this Indictment, shall forfeit to the United States, as part of the sentencing

pursuant to Federal Rule of Criminal Procedure 32.2, and in addition to the property set forth in

paragraph one above:

a. Any property constituting, or derived from, any proceeds the defendant obtained,

directly or indirectly, as the result of the violation; and

b. Any property used, or intended to be used, in any manner or part, to commit, or to

facilitate the commission of, the violation.

3. If any property that is subject to forfeiture above, as a result of any act or

omission of the defendants, (a) cannot be located upon the exercise of due diligence, (b) has been

transferred to, sold to, or deposited with a third party, (c) has been placed beyond the jurisdiction

of the Court, (d) has been substantially diminished in value, or (e) has been commingled with

other property that cannot be divided without difficulty, it is the intention of the United States to

seek forfeiture ofany other property of the defendants, as subject to forfeiture under Title 21,

United States Code, Section 853(p).

(In accordance with 18 U.S.C. §§ 924(d) by 28 U.S.C. § 2461, and 21 U.S.C. § 853.)

12


United States v. Rivera-Gutierrez et. al.

2:17cr(^0

Sealed Pursuant to thec-Caovernment Act of 2002

A TRUE BILL:

REDACTED COPY

FOREPERSON

Dana J. Boente

UNITED STATES ATTORNEY

John F. Butler

Special Assistant United States AttorneyAndrew C. Bosse

Assistant United States AttorneyAttorneys for the United StatesUnited States Attorney's Office101 West Main Street, Suite 6000Norfolk, VA 23510Office Number: 757-441-6331

Email Address: [email protected]@usdoj .gov

13


JS 45 (11/2002)

Criminal Case Cover Sheet

REDACTED

U.S. District Court

Place of Offense: Under Seal: Yes ^ No • Judge Assigned:

Citv: EDVA Superseding Indictment: Yes Criminal Number: 2:17cr^^

County/Parish: Same Defendant:

New Defendant:

Magistrate Judge Case Number: Arraignment Date:

Search Warrant Case Number:

R 20/R 40 from District of

Defendant Information;

Juvenile: Yes • No 13 FBI#

Defendant Name: JUAN RIVERA-GUTIERREZ Alias Name(s): "Franky" and "El Gordo"

Address; Chesapeake, VA

Employment: Norfolk, VA

Birth Date; 1982 SS#:xxx/xx//3087 Sex; Race: Nationality: Place of Birth:

Height: Weight: Hair: Eyes: Scars/Tattoos;

Interpreter: Yes • No 0 List Language and/or dialect:

Location Status:

Arrest Date:

• Already in Federal Custody as of: in:

• Already in State Custody • On Pretrial Release • Not in Custody

^ Arrest Warrant Requested • Fugitive • Summons Requested

•Arrest Warrant Pending • Detention Sought • Bond

Defense Counsel Information:

Name: D Court Appointed

Address: D Retained

Telephone: n Public Defender

•office of Federal Public Defendershould not be appointed due to conflictof interest

• CJA attomev: should not be appointed due to conflictof interest

U.S. Attorney Information:

SAUSA: John F.Butler Telephone No. 757-441-6331 Bar#: 72788

Complainant Agency. Address & Phone Number or Person & Title:

Drug Enforcement Administration - 200 Granby Street, Suite 435, Norfolk, VA 23510 (757) 314-2200

U.S.C. Citations:

Code/Section Description of Offense Charged Count(s) Capital/Felony/Misd/Petty

Set 1 21 U.S.C. § 846 Conspiracy to Distribute Cocaine 1 Felony

Case 2:17-cr-00060-AWA-DEM Document 1-1 Filed 04/19/17 Page 1 of 4 PageID# 14

Defendant's Name: Juan Rivera-Gutierrez

District Court Case Number (To be filled in by Deputy Clerk): 2:17cr

U.S.C. Citations (continued)


Set 2

21U.S.C. §§ 841(a)(1) &(b)(1)(C) Distribution of Cocaine 4-9 Felony

Set 3 18 U.S.C. § 924(c)(1)(A)

Possession of Firearms During andRelation to a Drug TraffickingCrime 11 Felony

Set 4 26 U.S.C. § 5861(d)

Possession ofan UnregisteredNational Firearms Act Firearm

(Silencer) 12 Felony

Set 5

Set 6

Set?

Set 8

Set 9

Set 10

Set 11

Set 12

Set 13

Set 14

Set 15

Set 16

Set 17

Set 18

Set 19

Set 20

Set 21

Set 22

Set 23

Set 24


REDACTED

Criminal Case Cover Sheet U.S. District Court

Place of Offense: Under Seal: Yes IS No • Judge Assigned:

Citv; EDVA Superseding Indictment: Yes Criminal Number: 2:17cr

County/Parish: Same Defendant:

New Defendant:

Magistrate Judge Case Number: Arraignment Date:

Search Warrant Case Number:

R 20/R 40 from District of

Defendant Information:

Juvenile: Yes • No E! FBI#

Defendant Name: PEDRO PABON, JR. Alias Name(s): "Tony"

Address: Virginia Beach, VA

Employment:

Birth Date: 1974 SS#: xxx/xx/1181 Sex: Race: Nationality: Place of Birth:

Height: Weight: Hair: Eyes: Scars/Tattoos:

Interpreter: Yes • No ^ List Language and/or dialect:

Location Status:

Arrest Date:

n Already in Federal Custody as of; in:

D Already in State Custody • On Pretrial Release • Not in Custody

Kl Arrest Warrant Requested • Fugitive • Summons Requested

•Arrest Warrant Pending • Detention Sought • Bond

Defense Counsel Information:

Name: D CourtAppointed

Address: D Retained

Telephone: • Public Defender

•Office of Federal Public Defender should not be appointed due to conflict of interest

•CJ A attorney: should not be appointed due to conflict of interest

U.S. Attorney Information;

SAUSA; John F. Butler Telephone No. 757-441-6331 Bar #: 72788

Complainant Agency. Address & Phone Number or Person & Title:

Drug Enforcement Administration - 200 Granby Street, Suite 435, Norfolk, VA 23510 (757) 314-2200

U.S.C. Citations:


Set 1 21 U.S.C. § 846 Conspiracy to Distribute Cocaine 1 Felony


Defendant's Name: Pedro Pabon, Jr.

District Court Case Number (To be filled in by Deputy Clerk); 2:17cr

U.S.C. Citations (continued)


Set 2

21 U.S.C. §§ 841(a)(1) &(b)(1)(C) Distribution ofCocaine 2,3,10 Felony

Set 3

Set 4

Set 5

Set 6

Set?

Set 8

Set 9

Set 10

Set 11

Set 12

Set 13

Set 14

Set 15

Set 16

Set 17

Set 18

Set 19

Set 20

Set 21

Set 22

Set 23

Set 24

Set 25

Set 26

Set 27


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