APPREHENDED: MAN ON PUERTO RICO'S TOP 10 MOST WANTED LIST

FROM:  U.S. MARSHALS SERVICE 

December 15, 2015

U.S. Marshals Task Force Arrest one of Puerto Rico's Top Ten Most Wanted

 Puerto Rico Violent Offenders Task Force logoSan Juan, PR - The United States Marshals Service Puerto Rico Violent Offenders Task Force announces the arrest of 27 year old, Robert Guzman Cruz, aka “Babi” who was wanted on several state warrants for murder, attempted murder and weapons law violations in the town of Ponce, PR. Guzman Cruz was featured by the Police of Puerto Rico as one of the top ten most wanted in Ponce, PR.

At the time of his arrest, Guzman Cruz was in the company of three other individuals in a rural area in the mountains of Cidra, PR. At the location a large quantity of currency, controlled substances and a firearm were recovered. The FBI assumed jurisdiction of the detainees and the scene. The arrest of Guzman Cruz was the result of a collaborative effort led by the Puerto Rico Violent Offenders Task Force and the Puerto Rico Police Department arrest unit.

United States Marshal Orlando Rivera commended the outstanding effort of the fugitive task force and stated, “This case is just another example of how the U.S. Marshals Service and the Puerto Rico Violent Offenders Task Force will not rest to bring fugitives to justice.”

The Puerto Rico U.S. Marshals Violent Offenders Task Force is comprised of investigators from the U.S. Marshals Service, the Puerto Rico Police Department, the San Juan Municipal Police, the Department of Corrections, PR State Marshals and the State Internal Revenue Service.

25 INDICTED FOR ROLES RELATED TO FRAUDULENT RECRUITING REFERRALS OF U.S. SOLDIERS

FROM:  U.S. JUSTICE DEPARTMENT 

Thursday, October 22, 2015

Twenty-Five Individuals Indicted for Wire Fraud

Defendants Defrauded the U.S. Army National Guard Recruiting Assistance Program

Twenty-five individuals have been charged in 14 separate indictments for their alleged participation in a conspiracy to defraud the United States and the National Guard Bureau of money and property, wire fraud and aggravated identity theft, announced U.S. Attorney Rosa Emilia Rodríguez-Vélez of the District of Puerto Rico.  The U.S. Secret Service is in charge of the investigation, with the collaboration of the U.S. Army Criminal Investigation Command, the U.S. Postal Service Office of Inspector General, the Department of Defense-Defense Criminal Investigative Service and the Puerto Rico Police Department.  The indictments were unsealed today upon the arrest of the defendants.

A federal grand jury in the District of Puerto Rico returned the indictments yesterday, Oct. 21, 2015, which include the following individuals: recruiters Cristobal Colón-Colón, Ángel D. Rivera-Rodríguez, Enrique Costas-Torres, Gregorio Quiñones-Pacheco, Guillermo Cruz-García, Edwin Izquierdo-Montañez, Luis De Jesús-Negrón, Gabriel González-Franco, Gilberto Rivera-Quiñones, Juan Rivera-Rivera and Héctor Rodríguez-Colón; and recruiter assistants Axel Aponte-García, Gilberto Gierbolini-Emanuelli, Freddie García-Ruiz, Félix González-Rodríguez, Radamés Robles-Meléndez, Emilio Rivera-Maldonado, Carlos Meléndez-González, Natalio Soto-Rivera, José Rivera-Pereles, Félix Lasen-Nieves, Ángel Perales-Muñoz, Alexis Betancourt-Jiménez, José Velázquez-Lugo and Garby Ruiz-Rosado.

These charges stem from a scheme utilized by the defendants from 2007 through 2011.  In or about September 2005, the National Guard Bureau, located in Arlington, Virginia, entered into a contract with Document and Packaging Broker Inc. (Docupak), located in Pelham, Alabama, to administer the Guard Recruiting Assistance Program (G-RAP).  The G-RAP was a recruiting program designed to offer referral bonus payments to Army National Guard soldiers to recruit civilians to serve in the Army National Guard.  As part of the G-RAP, the National Guard Bureau reimbursed Docupak for the recruiting referral bonus payments that Docupak paid to participating soldiers.  The National Guard Bureau also paid Docupak an administrative fee for disbursing each of the referral bonus payments.

The program had two primary participants: recruiters, whose job it was to assist the Docupak subcontractors in enlisting new members into the Army National Guard; and recruiter assistants, who were Docupak subcontractors, whose job it was to identify and assist recruit new potential members into the Army National Guard and assist recruiters with other related duties.  Under the contract specifications of the program, only recruiter assistants were eligible for recruiting referral bonuses.

The program required recruiter assistants to establish an online account in their name to record their referral and recruitment efforts.  The recruiter assistant would input the personal identifying information of each recruit into the account.  A recruiter assistant could receive a bonus between $500 and $1,000 for every referred soldier that enlisted in the Army National Guard, and an additional bonus between $500 and $1,000 once the referred soldier was sent to basic training.  If the referred soldier had previously served in a different military branch, did not need to attend basic training or joined the Army National Guard as an officer, the recruiter assistant could receive a bonus between $2,000 and $8,500.  The recruiter assistant could receive the referral bonus payments either through direct deposit in a bank account or a VISA account.

It was the goal of the conspiracy for the recruiters to unlawfully enrich themselves by defrauding the United States and performing acts in violation of their official duties, in exchange for things of value.  The recruiter assistants provided things of value to the recruiters in exchange for their assistance in defrauding the U.S. National Guard.

The defendants’ scheme knowingly caused the transfer, possession and use without lawful authority of a means of identification of another person, which contained the name, date of birth and social security number of potential soldiers; and by submitting the personal identifying information (PII) for unauthorized purposes, they generated a fraudulent referral bonus of the G-RAP program that would then create an interstate wire transfer to the co-conspirator’s different bank accounts.

An example of the scheme, as alleged in one of the indictments, is as follows: the defendants allegedly cheated the program, known as G-RAP, by having the recruiter assistants create a G-RAP account and or allow the recruiters to use the recruiter assistants’ G-RAP account to enter all information necessary to claim recruiting bonuses that the recruiter assistants had not earned.  The defendants applied for the G-RAP bonuses using PII given to the recruiters by enlistees who would go to the recruitment office seeking orientation to enlist in the Puerto Rico Army National Guard (PRANG).  The recruiters would obtain the PII in their official capacity as a recruiter and would use the recruiter assistants’ G-RAP accounts to apply for fraudulent recruiting bonuses.  The recruiter assistants were paid bonuses that would be deposited by Docupak in their personal bank accounts or a VISA Card that was given to them by Docupak, based on the misrepresentations made by the defendants of the recruitment process.  Some recruiter assistants withdrew a cash amount from each bonus and paid a kickback of approximately half of the bonus to the recruiters, and in some cases the recruiters kept the bonuses for themselves.

“These charges clearly demonstrate that we will take firm action against those who choose to exploit our military system for personal and criminal gain,” said U.S. Attorney Rodríguez-Vélez.  “We remain committed to investigating and apprehending those who cheat the system for personal gain, and will continue to work towards the eradication of this type of fraud in Puerto Rico.”

“The U.S. Secret Service will continue to aggressively pursue those that commit fraud and identity theft for their own enrichment,” said Resident Agent in Charge Carlos Colón of the U.S. Secret Service Office in Puerto Rico.  “These crimes remain a top investigative priority for our agency.”

“We should expect honesty and integrity from our military personnel,” said Special Agent in Charge John F. Khin of the Defense Criminal Investigative Service.  “This case demonstrates the commitment of DCIS, along with our investigative partners, to relentlessly pursue and bring to justice those who commit fraud and violate positions of trust for personal enrichment.”

“The conduct alleged in the criminal Indictments is beyond disgraceful,” said Special Agent in Charge Eileen Neff of the USPS Office of Inspector General (OIG).  “The USPS-OIG, along with our law enforcement partners, will continue to aggressively investigate those who seek to defraud our government programs.”

If found guilty, the defendants face a maximum penalty of 10 years in prison for the conspiracy, 20 years in prison for wire fraud and a mandatory two-year consecutive term in prison for aggravated identity theft.

The case is being investigated by the U.S. Secret Service.  The case is being prosecuted by Assistant U.S. Attorney Olga B. Castellón-Miranda and Special Assistant U.S. Attorney Amanda C. Soto-Ortega of the District of Puerto Rico.

Indictments contain only charges and are not evidence of guilt.  The defendants are presumed to be innocent unless and until proven guilty.  The investigation is ongoing.

10 POLICE OFFICERS ACCUSED OF RUNNING CRIME ORGANIZATION FROM POLICE DEPARTMENT

FROM:  U.S. JUSTICE DEPARTMENT 

Tuesday, September 29, 2015

Ten Puerto Rico Police Officers Indicted for Allegedly Running Criminal Organization Out of Police Department

Officers Charged with Racketeering, Robbery, Extortion, Firearm, Narcotics, Civil Rights and Theft Charges

Ten Puerto Rico police officers have been indicted for their alleged participation in a criminal organization, run out of the police department, that used their affiliation with law enforcement to make money through robbery, extortion, manipulating court records and selling illegal narcotics, announced U.S. Attorney Rosa Emilia Rodríguez-Vélez of the District of Puerto Rico.

“The criminal action today dismantles a network of officers who, we allege, used their badges and their guns not to uphold the law, but to break it,” said U.S. Attorney Rodríguez-Vélez.  “The indictment portrays a classic criminal shakedown; but the people wielding the guns and stealing the drugs here weren’t mob goodfellas or mafia soldiers – these were police officers violating their oaths to enforce the law, making a mockery of the police’s sacred responsibility to protect the public.”

“Corruption is at the root of all evil,” said Special Agent in Charge Carlos Cases of the FBI’s San Juan Division.  “These police officers violated the trust of the people of Puerto Rico and not only dishonored the police department, but also their fellow, honest, and hardworking officers.  The FBI, along with the United States Attorney's Office, will continue to attack corruption at all levels.”

The indictment, returned on Sept. 24, 2015, by a federal grand jury in the District of Puerto Rico, includes 11 charges against the following police officers: Shylene López-García aka “Plinia;” Ángel Hernández-Nieves, aka “Doble;” Xavier Jiménez-Martínez, aka “Negro;” Alvin Montes-Cintrón, aka “Vinillo;” Ramón Muñiz-Robledo, aka “Marmota;” Guillermo Santos-Castro, aka “Caco Biftec;” Luis Flores-Ortiz, aka “Piquito;” José Neris-Serrano; Manuel Grego-López; and David Centeno-Faría, aka “David Bisbal”.

The defendants are charged with conspiring to violate the Racketeer Influenced and Corrupt Organizations (RICO) Act.  Other charges against certain defendants include extortion under color of official right, narcotics trafficking, civil rights violations and false statements to federal agents.

According to the indictment, the officers charged with RICO conspiracy were members of a criminal organization who sought to enrich themselves through a pattern of illegal conduct.  The officers worked together to conduct traffic stops and enter homes or buildings used by persons suspected of being engaged in criminal activity to steal money, property and narcotics.  The officers planted evidence to make false arrests, extorted narcotics and firearms from individuals in exchange for their release.  The members of the enterprise gave false testimony, manipulated court records and failed to appear in court when required so that cases would be dismissed.  The officers also sold and distributed wholesale quantities of narcotics.

For example, in January 2012, defendants Hernández-Nieves, Muñiz-Robledo and Grego-López, in their capacity as police officers, released a federal fugitive from custody in exchange for firearms.

In another example, the indictment alleges that in February 2013, defendants López-García and Montes-Cintrón, in their capacity as police officers, stole at least 500 grams of cocaine during the course of a police intervention, which Jiménez-Martínez sold afterward in furtherance of the goal of the enterprise.

The indictment charges that the defendants frequently shared the proceeds they illegally obtained and that they used their power, authority and official positions as police officers to promote and protect their illegal activity.  Among other things, the indictment charges that they used the Police of Puerto of Rico’s (POPR) firearms, badges, patrol cars, tools, uniforms and other equipment to commit the crimes and concealed their illegal activity with fraudulently obtained court documents and falsified POPR paperwork to make it appear that they were engaged in legitimate police work.

The case is being investigated by the FBI’s San Juan Division.  The case is being prosecuted by Assistant U.S. Attorneys Mariana Bauzá-Almonte and Teresa Zapata-Valladares of the District of Puerto Rico.

The charges contained in the indictment are merely accusations.  The defendants are presumed innocent unless and until proven guilty.

5 PUERTO RICO POLICED DEPARTMENT OFFICERS INDICTED ON VARIOUS CHARGES

FROM:  U.S. JUSTICE DEPARTMENT 

Wednesday, August 7, 2013
Five Puerto Rico Police Department Officers Indicted on Federal Civil Rights, Obstruction of Justice and Perjury Charges

A second superseding indictment against five Puerto Rico Police Department (PRPD) officers was announced today by Jocelyn Samuels, Acting Assistant Attorney General for the Civil Rights Division; Rosa Emilia Rodriguez-Velez, U.S. Attorney for the District of Puerto Rico; and Carlos Cases, Special Agent in Charge of the FBI San Juan Field Office.

According to the indictment unsealed today, PRPD Lt. Erick Rivera Nazario, Officer David Colon Martinez and Officer Angel Torres Quinones were indicted on civil rights charges alleging that they violated the constitutional rights of Jose Irizarry Perez while he was celebrating the local election results at the Las Colinas housing development in Yauco, Puerto Rico, on Nov. 5, 2008.  Rivera was also charged with violating the civil rights of Irizarry Perez’s father, Jose Irizarry Muniz.  In addition, Rivera, Colon,  Officer Miguel Negron Vazquez and Sgt. Antonio Rodriguez Caraballo were indicted for obstruction of justice and making false statements to the FBI and a federal grand jury.  Torres was indicted for obstruction of justice by providing misleading information to the local prosecutor.
           
According to the twenty-count second superseding indictment, while Colon held and restrained Irizarry Perez, Rivera and another PRPD officer physically struck Irizarry Perez and assaulted him with a police baton, which resulted in bodily injury to him.  In addition, the second superseding indictment charges Torres with striking Irizarry Perez with a police baton, which also resulted in bodily injury to him.  The second superseding indictment alleges that Rivera, Colon and Torres thereby deprived Irizarry Perez of his right to be free from unreasonable seizures by those acting under color of law.  Although Irizarry Perez died as a result of injuries he sustained on Nov. 5, 2008, the second superseding indictment does not include charges that his death resulted from the defendants’ conduct.   Rivera, who was a supervisor at the time of the incident, was also charged with failing to keep Irizarry Perez and his father from harm when an officer whom Rivera supervised assaulted the victims in Rivera’s presence.

In addition, the second superseding indictment alleges that Rivera, Colon, Negron and Rodriguez made false statements concerning the incident to the FBI and to the federal grand jury which had been investigating the incident.  Colon and Negron were also charged with obstruction of justice for submitting false police reports and for providing misleading information to the Puerto Rico prosecutor that initially investigated the matter.  Rodriguez and Torres were also charged with obstruction of justice for providing misleading information to the Puerto Rico prosecutor, and Rivera was additionally charged with obstruction of justice for submitting a false police report.  

Each of the civil rights charges is punishable by a maximum term of ten years in prison.  Each count charging obstruction of justice is punishable by a maximum term of twenty years in prison.  Each count charging making false statements to the FBI and perjury is punishable by a maximum term of five years in prison.  In addition, every charge in the indictment carries a maximum fine of $250,000.  

 An indictment is merely an accusation, and the defendants are presumed innocent unless proven guilty.

 This case is being investigated by the San Juan Division of the FBI and is being prosecuted by Assistant U.S. Attorney Jose A. Contreras from the U.S. Attorney’s Office for the District of Puerto Rico and Senior Litigation Counsel Gerard Hogan and Trial Attorney Shan Patel from the Civil Rights Division of the U.S. Department of Justice.

ATTORNEY GENERAL HOLDER'S REMARKS ON PUERTO RICO POLICE AGREEMENT PRESS CONFERENCE

FROM:  U.S. DEPARTMENT OF JUSTICE 
Attorney General Eric Holder Delivers Remarks at Puerto Rico Agreement Press Conference
~ Wednesday, July 17, 2013

Good afternoon – buenas tardes – and thank you all for being here.

I’d like to thank Governor García Padilla for welcoming me to San Juan today, and for hosting this important press conference.  It is an honor to join him, Associate Attorney General West, Chief of the Special Litigation Section Jonathan Smith, Puerto Rico Secretary of Justice Sánchez Betances – and our distinguished colleagues – in announcing the latest action that the Department of Justice has taken to reduce crime, ensure public safety and promote the highest standards of professionalism and integrity throughout America’s law enforcement community.

Today, the Justice Department and the Commonwealth of Puerto Rico filed an historic and court-enforceable agreement to ensure that local police services will be delivered in a manner that is both highly effective and consistent with the Constitution, the laws of the United States and our most treasured values.  This agreement will require the Puerto Rico Police Department to implement – and to sustain – a variety of policies and practices related to ethical and responsible policing; police training; the use of force; searches and seizures; equal protection and non-discrimination; community engagement; and more.  These actions and policies are designed to remedy a range of longstanding and entrenched deficiencies that were uncovered by an extensive Justice Department investigation – many of which caused or contributed to unlawful conduct, such as the use of excessive force, including deadly force; misconduct to suppress the exercise of protected First Amendment rights; unconstitutional stops, searches and arrests; and other discriminatory practices, such as a systemic failure to investigate sexual assault and domestic violence allegations.

Once approved by Federal District Judge Gustavo Gelpi and fully implemented by the Commonwealth – and the men and women of the Puerto Rico Police Department – this agreement will serve as a blueprint for building a modern law enforcement agency that’s well-equipped to keep the people of Puerto Rico safe, while protecting their rights and civil liberties.

As we move forward, I’d like to acknowledge our strong partnership with Governor García Padilla, Superintendent Héctor Pesquera and other officials here in Puerto Rico.  I thank them for their commitment to addressing the problems that have been uncovered – which were both wide-ranging and deeply-rooted.  I’d like to recognize the brave officers serving the Puerto Rico Police Department, who – through this agreement – will gain the tools, training and critical support they need.  The reforms that flow from this agreement will make their jobs not only easier, but also safer, more effective and more rewarding.  And as the agreement is implemented, the public’s confidence in the Department – and its willingness to cooperate in public safety initiatives – will increase.

Finally, I’d like to acknowledge all those whose individual contributions were instrumental in advancing the Justice Department’s investigation and making this agreement a reality.  Under the leadership of Associate Attorney General West – as well as Assistant Attorney General Tom Perez and Deputy Assistant Attorney General Roy Austin, of the Department’s Civil Rights Division – the men and women of the Special Litigation Section have worked tirelessly for more than two years to make today’s announcement possible.  Special thanks to the career attorneys, investigators and paralegals, led by Acting Deputy Chief Luis Saucedo, who conducted the investigation and negotiated this important agreement.

I thank Governor García Padilla and his predecessor Luis Fortuño, who have shown a real commitment to reform.  Most importantly, I’d like to thank the many police professionals, investigators, attorneys, experts, local officials, community leaders and other stakeholders who came together to examine troubling and illegal practices and find responsible solutions.  And I particularly want to recognize and support the efforts that the Commonwealth of Puerto Rico has undertaken to ensure that the rights of all individuals – including our children – are protected.

As we speak, the Justice Department is collaborating with Commonwealth officials to develop safe, lawful and cost-effective alternatives to incarceration for the many young people caught up in the correctional system in Puerto Rico – facilities whose unsafe conditions have been the subject of department scrutiny and oversight for more than 15 years.  I am encouraged to note that this Administration is committed to exploring juvenile correctional alternatives that have worked elsewhere.  And we anticipate that these efforts will greatly reduce the need for large, and often unsafe, correctional institutions for young people across this beautiful island.

I believe everyone here can be proud of today’s outcome, which represents a critical step forward – and reaffirms the Justice Department’s commitment to fair and vigorous law enforcement at every level.  We stand with you as partners committed to this goal, and I am pleased to announce several ways in which the Justice Department is bolstering our partnership.  Because the agreement will institutionalize a culture of accountability, the Justice Department will make available $10 million in asset forfeiture funds – in addition to Puerto Rico’s equitable share of any assets seized and liquidated in the future – to defray the cost of modernizing and reforming the PRPD.  In addition, the department is investing additional resources in joint taskforces between Justice Department components and local law enforcement agencies.  We are extending an existing carjacking initiative involving 13 local task force officers detailed to the Federal Bureau of Investigation.  We are creating a new task force, supported by 26 local task force officers, to enhance gun and drug interdiction efforts on the island.  These task forces have a real impact on violent crime.  The officers participating in them will obtain critical training to share with their colleagues, and help to build Puerto Rico’s internal capacity to improve public safety in the long-term.

The settlement and the additional resources we are announcing today  underscore our determination to work closely with federal, local, and tribal authorities to protect not only the safety of our people – but also the civil rights we hold dear.

And, although I recognize that complete and lasting reform will not take hold overnight, I’m confident that this agreement lays out a clear path for responding to concerns, correcting troubling practices, safeguarding the rights of Puerto Rican citizens, restoring public trust, and ensuring public safety.

At this time, it is my privilege to introduce our distinguished host, and a key partner in this reform effort – Governor García Padilla, who will provide additional details on today’s announcement.