COURT MINUTES U.S. MAGISTRATE JUDGE ANDREA … · vs. RAFAEL RAMOS DE LA ROSA, Defendant.. JD~ 3
Transcript of COURT MINUTES U.S. MAGISTRATE JUDGE ANDREA … · vs. RAFAEL RAMOS DE LA ROSA, Defendant.. JD~ 3
COURT MINUTESU.S. MAGISTRATE JUDGE ANDREA M. SIMONTON - ATKINS TOWER - 8TH FLOOR
D A T E : 1 0 / 2 5 / 1 0 T I M E : 1 : 3 0 P . M . P A G E : 4
DEFT: RAFAEL RAMOS DE LA ROSA (J)94741-004
AUSA: RICHARD GREGORYAGENT: FBIPROCEEDING: INITIAL APPEARANCEBOND/PTD CONTESTED HRG HELD - yes / noBOND SET @:
All Standard Conditions.
CASE NO: 10-3468-SIMONTON
ATTY:VIOL: HOBBS ACT EXTORTIONRECOMMENDED BOND:CJA APPT:To be cosigned by:INTERPRETER: SPANISH
Disposition:
Surrender / or do not obtain passports / travel documents DFFFNDANT ADVISED
Rpt to PTS as directed / orphone; x*s a week/month in person
Refrain from excessive use of alcohol
x's a week/month by
DEFENDANT STATED THAT HE WILL HIRE HIS OWNATTORNEY
Q Participate in a mental health assessment and treatment
Q Random urine testing by Pretrial Services and/or treatment asdeemed necessary
Q
COURT ORDERS FDC TO PERMIT DEFENDANT TO MAKE ACOLLECT CALL TO VENEZUELA OR A LOCAL CALL TOARRANGE FOR COUNSEL
Not to encumber property.
Q Maintain or seek full - time employment/education.
□ No contact with victims / witnesses.
GOVERNMENT RECOMMENDS PRETRIAL DETENTION; DEFTREQS 10/27/10 FOR HRG.
Q No firearms.
Q May Not visit Transportation Establishments.
Q Travel extended to:
□ Home Confinement: Electronic Monitoring and/or Curfew, p a i d b y .
□ OtherNEXT COURT APPEARANCE)
REPORT RE COUNSEL:
PTD/BOND HEARING:
??£LIM/ARRAIGN. OR
STATUS CONFERENCETAPE No. 10-FX- 96 Begin:
10/27/10 10:00 AM DUTY
10/27/10 10:00 AM DUTY
REMOVAL: 11 /8 /10 10:00 AM DUTY
616 TIME IN COURT: 7mins
B.A.ft.No. U:lo:3o
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UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDA
No
UNITED STATES OF AMERICA
vs.
RAFAEL RAMOS DE LA ROSA,
Defendant.
. JD~ 3<tL9i~AUS
CRIMINAL COVER SHEET
1. Did this matter originate from a matter pending in the Northern Region of the United StatesAttorney's Office prior to October 14, 2003? Yes X No
2. Did this matter originate from a matter pending in the Central Region of the United StatesAttorney's Office prior to September 1, 2007? Yes X No
Respectfully submitted,
WIFREDO A. FERERACTING UNITED STATES ATTORNEY
BY: k£RICHARD D. GREGOIASSISTANT UNITED STATES ATTORNEYFlorida Bar No.54949599 N. E. 4th Street, 7,h FloorMiami, Florida 33132-2111TEL (305) 961-9148FAX (305) 536-7213
Case 1:10-mj-03468-AMS Document 1 Entered on FLSD Docket 10/26/2010 Page 2 of 11
AO 9I (Rev. 01/09) Criminal Complaint
United States District Courtfor the
Southern District of Florida
UNITED STATES OF AMERICA
vs.
RAFAEL RAMOS DE LA ROSA
))) Case No.))
/o- sv^o-J^sDefendant
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 ofi2/i7/2oo9-io/24/2oioin the county of Miami-Dade in the Southern District ofFlorida , the defendant violated Title 18 U. S. C. § 1951 and 1952 . an offense described as follows:
Conspiracy to and attempt to interfere with interstate and foreign commerce under color of official right and bywrongful use of fear of economic harm, in violation of Title 18, United States Code, Section 1951(a) and Interstateand foreign travel and use of facilities, including e-mail, to promote, manage and carry on the unlawful activity ofextortion, in violation of Title 18, United States Code, Section 1952.
This criminal complaint is based on these facts:See Attachment A
D Continued on the attached sheet.
Sworn to before me and signed in my presence.
Date: /o/z r//aCity and state: Miami, Florida
Complainant's signature
Special Agent Daniel J. Johns, FBIPrinted name and title
<hw^t7&KjJudge s signature
Andrea M. Simonton, Magistrate JudgePrinted name and title
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1, Daniel J. Johns, being duly sworn, depose and state as follows:
1. I am a Special Agent of the Federal Bureau of Investigation ("FBI") assigned to
the Miami, Florida Field Division. I have been a Special Agent with the FBI for approximately
three years and have been assigned to the Miami Division for all three years, during which time I
have specialized in investigations involving counterterrorism, drug trafficking, and smuggling. I
have personally been involved in the investigation of Rafael Ramos and others for conspiracy to
interfere with interstate commerce under color of official right and wrongful use of fear of
economic harm.
2. This affidavit is provided for the limited purpose of establishing probable cause to
support the attached criminal complaint against Rafael Ramos. I have not included all details of
all aspects of this investigation, but rather have set forth only those facts that I believe are
necessary to establish probable cause. The information in this affidavit is based upon my
personal knowledge as well as information I have obtained from other law enforcement agents
and officers, including cooperating witnesses, consensually recorded conversations, and from a
review of documentary materials.
VIOLATIONS OF LAW
3. The facts and circumstances set forth below in this affidavit demonstrate that there is
probable cause to believe that Rafael Ramos De La Rosa (hereinafter referred to as "Ramos")
has committed the following offenses:
a. Conspiracy to and attempt to interfere with interstate and foreign commerce under
color of official right and by wrongful use of fear of economic harm, in violation of Title 18,
United States Code. Section 1951(a)
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b. Interstate and foreign travel and use of facilities, including e-mail, to promote,
manage and carry on the unlawful activity of extortion, in violation of Title 18, United States
Code. Section 1952.
FACTS AND CIRCUMSTANCES SUPPORTING PROBABLE CAUSE
4. Tomas Andres Vasquez Estrella (hereinafter referred to as "Vasquez") was the
previous owner of Venezuela based securities firm Uno Valores. In early December 2009,
Vasquez left Venezuela for the United Slates due to a relationship he had with Venezuelan
citizen, Eligio Cedeno. Cedeno had fled Venezuela because he had been put in jail by the
Chavez regime. He was subsequently released by a Venezuelan Judge. That Judge was then
jailed for releasing him. Cedeno is currently in the United States and applying for political
asylum in the United States.
5. From or about December 17, 2009 Vasquez learned Uno Valores was taken over by
the Comision Nacional De Valores (CNV). CNV is the Venezuelan securities commission.
Overseeing the receivership of Uno Valores for CNV was Tomas Sanchez Mejias (hereinafter
referred to as "Sanchez"). Sanchez then was responsible for the appointment of Ramos to
coordinate the receivership on his behalf.
6. On December 17, 2009 to approximately April 2010, Vasquez maintained consistent
contact with Ramos regarding Uno Valores. These conversations pertained to business-related
conversations.
7. In or about April 2010, Vasquez personally met with Ramos. Vasquez met Ramos at
the Ritz Carlton I lotel in Coconut Grove, Florida. Also present at the meeting was Vasquez's
uncle Rolando Araujo (hereinafter referred to as "Araujo"). Araujo is a Director of Uno
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Valores. At the end of the meeting, Ramos told Vasquez that he( Vasquez) needed to speak to
Araujo as he(Araujo) had something to tell him. Ramos left the meeting and Araujo told
Vasquez that he(Vasquez) needed to give Ramos and Sanchez two million dollars. After
Vasquez spoke with Araujo, the two million dollars was reduced to one and a half million
dollars. This money was for Sanchez and Ramos to write a good report on behalf of Uno
Valores. If Vasquez refused to pay, Sanchez would write a bad report on the company and it
would be subsequently liquidated and Vasquez's reputation would be ruined in Venezuela and he
could be charged criminally.
8. On May 24, 2010, Vasquez and Araujo again met Ramos to speak about Uno Valores.
This meeting took place at the Novecento Restaurant in Miami, Florida. The conversation was
about Uno Valores and its daily operations. At the end of the meeting, Ramos told Vasquez that
they needed to resolve what Vasquez had spoken to Araujo about, the $1,500,000.00 payment.
The payment discussions were left open.
9. During the course of investigation by the FBI, two (2) search warrants were issued by
the United States District Court in Miami. The first search warrant was issued by Magistrate
Judge Edwin G. Torres on September 9, 2010, authorizing the search of the Google e-mail
account [email protected] for the period December 1, 2009 until September 19, 2010.
The second search warrant was issued by Magistrate Judge Robert L. Dube on September 21,
2010, authorizing the search of the Google e-mail account rafahramos@gmai 1 .com for the period
December 1, 2009 until September 21, 2010. The results of those search warrants are referred to
in the below facts.
10. Recorded telephone and personal conversations referred to in this affidavit were in
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Spanish and have been translated by a certified FBI translator.
11. On June 10. 2010, Vasquez received a telephone call from Ramos. Ramos requested
that Vasquez meet him at the Warwick Hotel in New York for breakfast. Vasquez flew from
Miami to New York to meet with Ramos for breakfast. At the end of the meeting. Ramos asked
Vasquez why he(Vasquez) had not paid the money to Sanchez and him(Ramos). Ramos advised
Vasquez that Sanchez was going to be good to him by writing a positive report for Uno Valores.
Ramos advised Vasquez that he had sent Araujo the instructions on how to send the money.
12. On August 1, 2010, Araujo spoke telephonically with Vasquez and said that he needed
to send a $50,000 check to Adriana Grillet. Araujo provided a telephone number to call once
the check was drawn so that someone could come pick it up. After the $50,000 check was drawn
then the remainder of the one and a half million was still to be sent.
13. On August 2, 2010, Vasquez spoke telephonically with Araujo. Araujo advised that
he needed to send the money. Vasquez was also contacted by Ramos who stated that he needed
the check as well as the remainder of the money sent to him. Ramos provided Vasquez bank
account information as to where the money should be sent.
14. On August 2, 2010, RAMOS sent an email to ARAUJO directing ARAUJO to have
VASQUEZ deposit funds into the account of Bank of America, Jodshad Jewels Investments
LLC, 3440 Hollywood Blvd, Suite 415, Hollywood. FL 33021, Account number: 229028072396,
ABA number: 026009593.
15. On April 14, 2010. [email protected] sent RAMOS an E-mail with the
following information: BANK OF AMERICA; ABA: 026009593; ACC: 229028072396;
BENEF: JODSHAD JEWELS INVESTMENTS LLC; ADDRESS: 3440 HOLLYWOOD BLVD
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SUITE 415, HOLLYWOOD, FL 33021. Captioned E-mail was discovered pursuant to a search
warrant issued by the Southern District of Florida on September 21, 2010, for Ramos' e-mail
account [email protected].
16. A search of Florida Department of State, Division of Corporations reveals Jodshad
Jewels Investments LLC to be a registered limited liability corporation in the State of Florida.
Jodshad Investments LLC is registered with the following: Address: 3440 Hollywood Blvd,
fourth floor, Suite 415, Hollywood, Fl 33021; Registered Agents: Menujin Shadah and Herman
Shadah.
17. On April 28, 2010, RAMOS sent an e-mail to [email protected] requesting
him to make two transfers equaling $150,000.00 into the bank accounts owned by RAMOS.
18. On April 28, 2010, RAMOS sent a second e-mail to menuiinshadah@ vahoo.es
requesting him to make one transfer of $150,000.00 into one bank account owned by RAMOS.
RAMOS also advised in the e-mail that he would notify [email protected] when
he(RAMOS) was ready for the final $70,000.00 transfer.
19. On or about May 03, 2010, Ramos sent an e-mail to [email protected],
requesting him to make one transfer in the amount of $150,000.00 to an account in the Cayman
Islands. Ramos advised [email protected] that he would let him know when he was
ready for the final 70,000.
20. On May 04, 2010, Ramos sent an e-mail to [email protected]. requesting (1)
$100,000.00 transfer into an account in Ramos' name in the Cayman Islands; (2) $70,000.00
transfer into an account in the name of Juna Carlos Gonzalez Gonzalez in Panama (3) $60,000.00
in cash in Caracas and (4) Ramos stated that the difference of $400,000.00 is $20,000.00, of
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which $10,000.00 is for [email protected]. Ramos then advised that the rest
($10,000.00) can be used for expenses.
21. On April 14, 2010, menuiinshadah@ vahoo.es sent RAMOS an E-mail with the
following information: BANK OF AMERICA: ABA: 026009593; ACC: 229028072396;
BENEF: JODSHAD JEWELS INVESTMENTS LLC; ADDRESS: 3440 HOLLYWOOD BLVD
SUITE 415, HOLLYWOOD, FL 33021. Captioned E-mail was discovered pursuant to a search
warrant issued by the Southern District of Florida on September 30, 2010, for Ramos' e-mail
account [email protected].
22. On August 03, 2010, at approximately 2:58 P.M., Araujo sent Vasquez an e-mail with
the following information: "Bank of America ABA:026009593 Acc:229O28072396 Benef:
Jadshad Jewels Investments, LLC, Address: 3440 Hollywood Blvd. Suite 415, Hollywood, FL
33021".
23. On August 04, 2010, Vasquez sent Ramos the following text message at
approximately 3:02 P.M.: "Hello Rafael, I'll be calling you. I'm wailing for the check to give it to
you". Ramos responded to Vasquez at approximately 3:05 P.M., via text message, and stated:
"Please, when you have it, call Adriana Grillet directly (305/613-7076) and set something up
with her. Let me know." At approximately 3:10 P.M., Araujo sent Vasquez a text message
stating: "I've just been called again by Mrs. Grillet who does not understand the delay. That she's
been waiting for this since yesterday at 10 AM." At approximately 5:35 P.M., Ramos sent
Vasquez a text message stating: "What's wrong? Something so easy and you don't do it? If
you're not going to do it, just tell me." Vasquez responded to Ramos at approximately 8:41 P.M.,
via text message, stating: "Rafael, I'm going to do it but they notified me yesterday and 1 asked
i Case 1:10-mj-03468-AMS Document 1 Entered on FLSD Docket 10/26/2010 Page 10 of 11
someone to do me the favor. 1 can't do it on my end. They're going to give it to me and I'll call
the lady. I committed myself to that."
24. On August 05, 2010, at approximately 12:24 P.M., Vasquez sent Ramos the following
text message: "Dr Ramos, I'll call you tomorrow in the morning. I'm with my family and I left
my agenda in the house. There are several points that have to be reviewed. Please forgive me.
Tomorrow I'll call you and we'll settle things. I'm a little far from home." Vasquez sent another
text message to Ramos at approximately 12:25 P.M. stating: "Doctor Ramos, We can talk this
evening to fix what's pending." Ramos responded to Vasquez at approximately 12:47 P.M.
stating: "Time's up. If Adriana does not receive what was agreed upon by TODAY and,
moreover, you make the transfer to where Rolando (Araujo) knows, there will be NO further
conversations. Don't send messages." Vasquez responded to Ramos at approximately 2:02 P.M.
stating: "Please, if you can, have the American telephone, here where I'm at I can't talk, there's at
lot of people. I'll call you tomorrow at this."
25. On August 9, 2010, Vasquez and Ramos spoke via cellular phone. The conversation
was recorded. Vasquez apologized to Ramos for not having paid him and asked Ramos to come
to the United States for the coming weekend. Ramos told Vasquez he would attempt to travel to
the U.S. the coming Saturday. Ramos again expressed the need for Vasquez to pay Grillet.
Ramos told Vasquez that he (Ramos) would not speak with Vasquez again until Vasquez pays
Grillet..
26. On August 10, 2010 Grillet sent Ramos an e-mail, via [email protected].
The e-mail account for Grillet was searched pursuant to a search warrant signed and issued in the
Southern District of Florida on September 09, 2010. Grillet sent an e-mail to
, .Case 1:10-mj-03468-AMS Document 1 Entered on FLSD Docket 10/26/2010 Page 11 of 11
i [email protected] stating that she has purchased a Land Rover, but is facing penalties for
not paying the full amount of the vehicle. She offered Ramos two options which include 1) he
does not get paid and she cancels the vehicle purchase or 2) Ramos believes he will be paid and
she asks for an extension on final payment. Ramos responds to Grillet, via e-mail, stating he has
talked to "Tomas V" and that he (Tomas V) wants to speak with Ramos in person. Ramos
advised Grillet to call him (Vasquez) and supplies her with Vasquez's cellular phone number.
Ramos advises Grillet to tell Vasquez that if he does not pay by tomorrow, he (Vasquez) can
forget about Ramos traveling to see him. Ramos further advised Grillet not to give him any
options. Ramos then advised Grillet that if Vasquez does not resolve things by tomorrow, she
should pay the penalty regarding the Land Rover. Ramos further stated that more opportunities
will continue to exist in the future and that Vasquez will have to pay sooner or later.
27. On August 11, 2010, Vasquez met with his uncle, Araujo, at the Starbucks Cafe in
Sunny Isles, Florida to discuss the extortion of Vasquez by Venezuelans Ramos and Sanchez.
Araujo had been in contact with Ramos recently. Araujo told Vasquez that Ramos wanted
Vasquez to pay Adriana Grillet $50,000.00. Araujo explained the $50,000.00 was a good faith
payment towards Ramos. Araujo also explained that Grillet would accept part of the
$1,500,000.00 payment for Ramos. Vasquez told Araujo he did not know about the $50,000.00
good faith payment, but would think about it. Araujo urged Vasquez to contact Grillet
telephonically to discuss the issue. Araujo additionally warned Grillet has access to many
members of the Miami, Florida media and would drag Vasquez' name through the mud. Araujo
advised that Ramos told him this information.