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Final Redacted Complaint 231

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    OR\G\NAlUNITED STATES DISTRICT COURTNORTHERN DISTRICT OF TEXAS

    FORT WORTH DIVISION

    UNITED STATES OF AMERICA. CLERK, u.s. DISTRICT COURT

    lly__ ::'_-:-:---Dcpot.\'

    CRIMINAL COMPLAINTv.

    CASE NO. 4:11-MJ- cx3\

    RIGOBERTO OROZCO, (2) alk/a "Rigo"

    . .

    ERIC OROZCO, (4) a/k/a "Eddie"

    HECTOR RAMOS (6) alk/a "John Gotti" HAROLD GRUBBS (7) alk/a "Big D" JO ANN HENRY (8) IVAN CANO (9)

    SARAH REYES, (11)

    alk/a "Sarah Murillo"

    CRIMINAL COMPLAINTI, Andrew D. Farrell, hereinafter Complainant, being duly sworn, state the

    following is true and correct to the best of my knowledge and belief:

    From on or about May 25,2005, and continuing until the date of this complaint, inthe Northern District of Texas and elsewhere, defendants, RigobertoOrozco, also known as Rigo, also known as EricOrozco, also known as Eddie, Hector Ramos, also

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    known as John Gotti, Harold Grubbs, also known as Big D, Jo Ann Henry, IvanCano, Sarah Reyes, also known as SarahMurillo, and and others known and unknown, did knowingly andintentionally combine, conspire, confederate and agree together and with eachother, and with other persons known and unknown, to possess with intent todistribute and to distribute more than 100 grams of a mixture or substancecontaining a detectable amount ofheroin, a Schedule I, Controlled Substance, inviolation of21 U.S.C. 84I(a)(1) and (b)(l)(B).All in violation of21 U.S.C. 846.1. Complainant is a Special Agent of the FBI. I have been so employed forapproximately twenty-six (26) years and am currently assigned to the Dallas FieldDivision's Fort Worth Resident Agency on a Criminal Enterprise Squad working with aViolent Crime/Gang Task Force (hereinafter referred to as the Task Force). The TaskForce is comprised of agents, investigators and police officers from the FBI, the DrugEnforcement Administration (DEA), the Arlington, Texas Police Department (APD), andthe Fort Worth, Texas Police Department (FWPD).2. The statements contained in this Complaint are based, in part, on Title IIIinterceptions, my personal observations and on information provided by other SpecialAgents of the FBI and DEA and officers of the APD, the FWPD, and other lawenforcement agencies identified below. Statements herein are also based on informationprovided by cooperating sources and cooperating defendants in other related cases, all ofwhom are believed by me to be reliable and credible, as set out herein, officer's review of

    telephone toll records and pen registers, physical surveillance, police reports, and on myexperience and training. In an effort to protect individuals not currently charged as aresult of this or other investigations, these uncharged individuals will be referred to bytheir initials, rather than their full names. Additionally, in some instances, ConfidentialSources (CS), Cooperating Defendants (CD), and Cooperating Witnesses (CW) willappear with a numerical designation which correspond to previous affidavits submitted insupport of the applications for the TIlls.3. In 2007, CS5, a long established FBI source, who had consistently providedtruthful and accurate information and whose information has been used in both state and

    federal affidavits, began providing information to the Complainant concerning the FortWorth area drug activity of CS5 reported that wasselling $20,000 worth of heroin a day in the North Fort Worth area and provided specificdetails of activities, including the daily schedule of couriers and the cars the. couriers were using. Due to the commitments of an ongoingComplaint Page 2

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    investigation, the information regarding drug activity was initiallyprovided by the Complainant to the DEA, Fort Worth Resident Office and DEAinvestigators initiated an investigation of criminal activities.4. On November 9, 2008, Fort Worth Police Department officers and agents ofImmigration Customs and Enforcement (ICE) approached the business of at 1399 Jacksboro Highway, Fort Worth, Texas. As the officers and agents

    approached the business, ran to his vehicle and make a throwing motionwith is arm. A search of the area around where made the throwing motionlocated a green zip lock baggie containing 1.8 grams of a black tar-like substance.was arrested. Eric Orozco was also at the business with two other males.was supposedly in the hospital. A search warrant was obtained for thebusiness. The search located $590 in cash in the glove compartment ofEric Orozco'scar, a 2001 Cadillac four door, Texas license 327TLF, registered towife Araceli Orozco. The search also located a clear plastic baggie containing six smallbags of heroin, located in the ceiling of the businesses' office, a green baggie containingheroin, located on a shelf in the middle hall, a green baggie containing heroin, located onthe floor ofthe work area, and several blue and red "Apple" baggies in a Zip Lock box.An examination by the Fort Worth Police Department Crime lab determined that thebaggie thrown by weighed 2.52 grams containing heroin and the baggie from theceiling weighed 0.20 grams containing heroin.

    5. In January 2009, the Complainant began investigating the criminal activitiesof the Orozco Drug Trafficking Organization (ODTO), focusing mainly on theactivities of Rigoberto Orozco. Based on a review ofpolice reports and interviews withcooperating informants, cooperating defendants and arrested individuals, investigatorsdetermined that Rigoberto Orozco and were actively involved in variouscriminal activities in the Fort Worth, Texas area. The criminal activities for RigobertoOrozco included the acquisition and sale of illegal narcotics, mainly cocaine, and the saleof the cocaine to customers, including customers outside of the state ofTexas. Asdetailed above, the criminal activities for included the acquisition andsale of illegal narcotics, mainly heroin, and the sale of the heroin mainly in the Fort Wortharea.

    6. On February 11,2009, an officer of the FWPD arrested Sarah Reyes, alsoknown as Sarah Murillo. Throughout the Fort Worth Police Department reports for thisarrest Reyes is referred to by her alias, Sarah Murillo. The officer stopped Reyes for atraffic offense. The officer observed Reyes, the driver of a 1997 Buick, make multiplefurtive movements toward the floorboard of the Buick. When the officer made contactwith Reyes, she appeared nervous and fidgety. The officer removed Reyes from theComplaint Page 3

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    Buick and searched the immediate area around where she had been seated. The officerlocated a clear plastic baggie containing a black tar-like substance.accompanied Reyes in the Buick. Reyes identified as her roommateand asked that her children, who were also in the Buick, be released toAn examination of this evidence by the Fort Worth Police Department crime labdetermined that the evidence was .38 grams of a mixture or substance containing heroin.

    7. On March 19,2009, an officer of the Fort Worth Police Departmentconducted a traffic stop of a vehicle driven by an individual, who later agreed tocooperate. A search of the vehicle located drug paraphernalia consisting of a black casecontaining syringes. Since the cooperator did not want an arrest for possession of drugparaphernalia on his record, he offered to order heroin from his supplier. The cooperatorplaced a call to "Jo Ann" and order $60 worth of black tar heroin. When the suppliercame to meet the cooperator at the prearranged location, Jo Ann Henry was the driver ofthe delivery car and was the passenger. told theofficers that she had one baggie of heroin under her phone in the door handle pocket ofthe passenger door. Officers found an additional baggie containing three small bags ofheroin in the glove compartment. The officers arrested Theofficers reviewed Henry's cell phone, which was located in the center console andobserved the calls from the cooperator to set up the heroin purchase in the phone's callhistory. Henry was also arrested. The FWPD Crime Lab examined the evidence andidentified the substance in the baggie located with phone as .05 gramscontaining heroin and the substance in the three baggies located in the glove box as 1.10grams containing heroin.

    8. On June 2, 2009, investigators from the DEA Fort Worth Resident Officeestablished surveillance of the known business of an auto body shoplocated at 1399 Jacksboro Highway, Fort Worth, Texas. During the surveillance, severalvehicles were observed departing the business, including a vehicle being driven by AJ. Atraffic stop of AJ, who was driving a white Chevrolet, bearing Texas license MSW-I00,led to the seizure of DEA Drug Exhibit 1, described as approximately 24.2 grams ofheroin.9. On June 23,2009, DEA TFO Alicia Luna and a confidential source metwith FR and LR, who had been identified by multiple cooperating sources as heroin

    couriers working for at the CVS pharmacy, 2706 Jacksboro Highway,Fort Worth, Texas. FR and LR arrived in a black Chrysler two door. TFO Luna and thesource purchased black tar heroin, identified as DEA Drug Exhibits 2 and 3, from the FRand LR for $120.00 in US currency. DEA Drug Exhibit 2 weighed 31.9 grams and DEADrug Exhibit 3 weighed 32 grams.Complaint Page 4

    - - - - - - - - - - - - - - - - -_ . -

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    10. On July 9,2009, TFO Alicia Luna placed a consensually monitored phonecall to LR, who was using telephone number 817-902-7061. During the phoneconversation TFO Luna and LR discussed amounts and prices for future herointransactions. TFO Luna told LR that she was sending the heroin to Atlanta, Georgia. Inresponse, LR told TFO Luna that he already had people in place in Atlanta, Georgia todistribute heroin. The call was recorded on DEA Non-Drug Exhibit N-4.

    11. On July 14,2009, TFO Luna, acting in an undercover capacity, met with FRand LR at the CVS phannacy, 2706 Jacksboro Highway, Fort Worth, Texas. FR and LRarrived in a green Toyota Camry, Texas license V73FYT, registered to LL, 2517 NW28th Street, Fort Worth, Texas. TFO Luna purchased DEA Drug Exhibit 4,approximately 44.8 grams ofblack tar heroin, from FR and LR for $1,500.00 in UScurrency. An examination ofDEA Drug Exhibit 4 by the South Central DEA Laboratoryin Dallas detennined that the exhibit contained heroin hydrochloride and the exhibit'sgross weight was 45.5 grams, net weight was 11.8 grams, purity of the exhibit was 30.3%and the actual amount of the heroin was 3.5 grams.

    12. On December 11,2009, members of the FBI Fort Worth Resident Agencyand DEA Fort Worth Resident Office seized DEA Drug Exhibit 7,871 grams black tarheroin from a Confidential Source in Fort Worth, Texas. The source reported thathad given the source the heroin. had directed the sourceto take the heroin back to Laredo, Texas, due to the poor quality of the heroin. After thesource returned the poor quality heroin, the source was supposed to pick up a new supplyofheroin. An examination ofDEA Drug Exhibit 7 by the South Central DEA Laboratoryin Dallas detennined that the exhibit contained heroin hydrochloride and the exhibit'sgross weight was 870.2 grams, net weight was 649.2 grams, purity of the exhibit was4.9% and the actual amount ofthe heroin was 31.8 grams.

    13. In September 2009, FBI investigators were contacted by the DEA's FortWorth Resident Office regarding the Orozcos. After this contact, the Fort Worth DEAand Fort Worth FBI began a joint investigation into the criminal and drug distributionactivities of the Orozcos and their associates.14. On October 1,2009, a Fort Worth Police officer observed a narcoticstransaction as it occurred at 1500 Human, Fort Worth, Texas. The officer observed a

    customer approach a white Toyota Camry, Texas license BB5W360, registered to LLwith a new license. The customer handed the driver, later identified as Hector RayRamos, money and Ramos handed the customer a small baggie. The witnessing officerrequested that another Fort Worth Police Department marked unit conduct a traffic stopof the white Toyota. After the marked unit had stopped the Toyota and as the officerComplaint PageS

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    approached the car, the officer observed Ramos "messing" with the visor above thedriver's seat. When the officer made contact with Ramos, he was extremely nervous.After the officer told Ramos that an undercover officer had observed the sale, Ramostold the officer where the drugs were located. The officer located a plastic sandwich bagtucked into the Toyota's head liner above the driver's side visor. The sandwich bagcontained sixteen (16) smaller clear and green baggies which appeared to contain heroin.The total weight ofthe evidence was 8.2 grams. Ramos admitted to the officer that hehad additional heroin hidden in his shoe. The officer found an additional baggie whichcontained.2 grams ofheroin. An examination by the Fort Worth Police DepartmentCrime lab determined that the small clear baggies contained 1.47 grams ofheroin and thegreen baggies contained 3.55 grams of heroin. The lab did not test the baggie fromRamos' shoe.

    15. Beginning in December 2009, investigators began to receive informationfrom a source, who had close access to The source providedinformation which outlined heroin operation in the Fort Worth area.After debriefing this source on a number of occasions over the course of this investigationand verifying the information provided by this source through surveillance, review ofpolice reports, debriefings of other sources and cooperators and other means, theinvestigators believe that this source is credible and reliable. The source reported that

    was using a number ofFort Worth area women as heroin couriers.would provide the couriers with a bus ticket to Laredo, Texas. Once in

    Laredo, the couriers would walk across the border, meet a Mexican male, who wouldprovide the couriers with heroin, who would then walk back across the border into theUnited States. The couriers would return to the DallaslFort Worth area on the bus, where

    would meet the courier to obtain the heroin. would paythe couriers for their trips. The source reported that had a number ofworkers, who would sell the heroin around Fort Worth, Texas. These workers includedHarold Grubbs and as well as some of the female couriers. The sourceknew Grubbs and to sell heroin from houses in West Fort Worth. The sourcealso reported that would use the couriers and other associates to sendpayments to his heroin supplier in Mexico by Western Union. The courier provided thenames of some of the couriers and workers who were assisting Thissource reported that after believed that one of his couriers was caughtwith a large amount of heroin, fled to Mexico. Whilewas in Mexico, his brother, Eric Orozco took control of the heroin distribution activitiesof the Orozco heroin DTO. returned to the U.S. and Fort Worth afterhis son was killed in a car accident. father, MO, his wife, AraceliOrozco, and a number of children were traveling through West Texas to visit ,when the accident occurred.Complaint Page 6

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    16. Based on the information from this source, the Complainant issuedsubpoenas to Western Union seeking to verify whether the individuals identified by thesource had sent Western Union wires to Mexico. The Complainant checked bordercrossing records to determine whether the individuals identified as couriers by the sourcehad re-entered the U.S. from Mexico. The Complainant contacted agents with the Bureauof Immigration and Customs Enforcement ("ICE") and requested that the individualsidentified as couriers by the source and through the Western Union records be enteredinto an ICE database, where the Complainant would be notified when the individualscrossed the border into the U.S. from Mexico.

    17. On February 5, 2010, DEA TFO Perry Moore and DEA SA Jim DeHassseized DEA Drug Exhibit 8, several small zip lock type baggies, containing a browntar-like substance, weighing 33.40 grams, from a Confidential Source in Fort Worth,Texas. The source reported that the source had taken the drugs from the residence of2811 Wingate, Fort Worth, Texas. was selling heroin for

    at that time.18. On February 5, 2010, DEA TFO Perry Moore and DEA SA Jim DeHass

    took custody ofDEA Drug Exhibit 9, several small zip lock baggies containing a browntar like substance weighing 32.20 grams, and DEA Drug Exhibit 10, a small clear pipe, acigarette box, and several small plastic baggies, containing a brown tar-like substancefrom the Fort Worth Police Property Room in Fort Worth, Texas. These exhibits wereseized by Fort Worth Police Department officers during a traffic stop of

    and Jo Ann Henry in Fort Worth, Texas on March 19,2009, detailed inParagraph 7 above.

    19. On February 25,2010, the U.S. Border Patrol at Laredo contacted theComplainant and advised that based on her entry into the ICE database, Jo Ann Henrywas apprehended while crossing from Mexico into the U.S. Representatives of the U.S.Border Patrol pulled Henry into a secondary search and searched her for heroin. TheBorder Patrol located .75 kilos of heroin on Henry's person. An ICE duty agentresponded and conducted a short debriefing ofHenry. The DEA, Laredo laterresponded, took Henry into custody, and took custody of the heroin and the remainingevidence.

    20. On February 27,2010, investigators, including the Complainant,interviewed Henry at the Webb County jail, Laredo, Texas. Henry, who had waived herright to counsel and agreed to talk with the investigators, confirmed much of theinformation the investigators had received previously from the sources listed above.Complaint Page 7

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    Henry stated that in February 2007, she became a heroin customer of who she also knew by the street name " Henry stated thatowned an auto body shop at 1399 Jacksboro Highway in Fort Worth. For a period oftime, Henry stayed at this shop. Henry then moved with into anumber of different houses owned by Henry recalled these houses to beon Gould, 29th Street and 25th Street in North Fort Worth. Henry stated thatowned these houses, but the houses may be in the names of other people,including wife, Araceli Orozco. While she was staying there, Henrybegan to see "ounces and ounces" of heroin. Henry estimated that the most heroin shesaw was between 85 and 110 ounces. Henry only saw black tar heroin. Henry statedthat a Mexican male, known to her by the name would make the heroin and bringit to Nuevo Laredo, Mexico, across from Laredo, Texas. courierswould pick up the heroin from Henry estimated that her first trip to pick upheroin was on June 1, 2008. Henry believed that she made trips to Nuevo Laredo,Mexico on June 1,2009, June 20, 2009 and July 6,2009. Henry estimated that shepicked up a total of 100 grams of heroin on these three trips. Henry would cross intoMexico and meet at a motel located just across the bridge, where wouldrent a room. The packages of heroin were too big to carry inside of her. Henry wouldhide the package on her body and walk back across the bridge. The heroin was in one bigpiece and would be wrapped in silver packaging tape. Henry would travel to and fromLaredo, Texas on a Greyhound bus. would purchase the tickets forHenry. They would take the heroin to one of "spots," where theywould break it down and package it for sale. Originally, they would take the heroin to theshop on Jacksboro Highway in Fort Worth, Texas. They were not taking the heroin to theshop any longer because believed the "feds" were watching the shop.Henry knew couriers or individuals who sold the heroin around FortWorth to be Miguel Last Name Unknown (known to the investigators to be

    Harold Grubbs, "Big D," Sarah Reyes (also known as Sarah Murillo), andJohn Gotti (known to the investigators to be Hector Ramos). Henry stated that Grubbshad been working with seIling heroin for 10 years anddescribed Grubbs as his "oldest soldier." Henry stated that formerlykept military weapons, including M-16s with lasers and scopes, and body armor at theshop. Henry further described the guns being in a green and a silver case. One of therifles may have been a 30.06. These items were moved in either November or December2008. Henry stated that Harold Grubbs took the guns from the shop. Henry does notknow where Grubbs took the guns. Henry was selling between $3,000 and $4,000 worthof heroin a day for from a Fort Worth motel. Henry stated that theheroin sales would begin at 9:00 am and continue until 10:30 pm when the sellers wouldtum in the money from the day's sales. The sellers would either pick up four (4) $600packs of heroin at the start of the day or they would already have it from the previousComplaint Page 8

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    night. Henry stated that at the direction of a number of people usedWestern Union to wire money to pay for the heroin. Henry believed thatEric Orozco, Sarah Reyes, JH, a former girlfriend of and FR wired money. Henry stated that each person wired $2,000 each timefrom various Western Union locations. Henry stated that four (4) or five (5) peoplewould go at one time to wire the money. Henry stated that all of the money would bewired to possibly using the name Ramon Garcia or Garza. Henry stated that shehad recently gathered and burned all of the Western Union wire transfer receipts shecould find at the Jacksboro Highway shop. Henry estimated that she had made six (6)trips to Nuevo Laredo to pick up heroin for the Orozcos. Each time, Henry would pickup between fifteen (15) and eighteen (18) ounces of heroin from Henry heardthat in December 2009, one of heroin couriers was caught with 30ounces of heroin at the bus station in Dallas. After the heroin was found,fled to Mexico. Henry did not know the courier and had never met her. Henry believedthat one of the courier's daughters was married to and the other, possiblynamed D, was married to Eric Orozco. Henry stated that during the time thatwas in Mexico, Eric Orozco ran the heroin business from the shop. Henry knewAraceli Orozco to live in a creme colored house, known to the investigators to be 5336Lovell, Fort Worth, Texas. Henry knew that kept between $70,000 and$100,000 at this house. Henry stated that 11 year old son, EO, waskilled in an accident involving a Chevrolet Tahoe, which would drive.Henry stated that there was $72,000 in the front doors of the Tahoe. MO,father, was taking the money to in Chihuahua when theaccident occurred. Henry believed that had been staying in a small towntwo hours South of Juarez, Mexico. Henry believed that had a residencein the town of Cuahtemoc, Mexico. Henry knew about the money in the doors of theTahoe, because she helped count the money and put in the doors. The money wascounted, put into $5,000 stacks, put into bread bags and placed into the front doors oftheTahoe. They counted the money and removed the door panels at the Jacksboro shop.Henry stated that the money came from the sale of heroin. Eric Orozco brought theTahoe to the shop. They also put new tires on the Tahoe and MO and Araceli Orozcothought that the Tahoe was at the shop to get new tires. Henry alleged that neither MOnor Araceli Orozco knew about the cash in the doors of the Tahoe.

    21. After interviewing Henry, investigators learned from recorded calls at theWebb County jail that Henry had warned that investigators hadinterviewed her about Henry provided details about questions theinvestigators had asked.22. A review of ICE records for Henry located crossings under the name Jo

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    Ann Henry, true Date ofBirth , on July 8, 2009, at Laredo, Texas andunder the name Jo Ann Henry, Date ofBirth , on February 4,2010,January 26,2010, January 21,2010, and March 3, 2009, at the Progresso Point ofEntry.

    23. An examination of the heroin seized from Henry, Laredo DEA DrugExhibit 1, by the South Central DEA Laboratory in Dallas determined that the exhibitcontained heroin hydrochloride and the exhibit's gross weight was 816.8 grams, netweight was 681.0 grams, purity of the exhibit was 43.3% and the actual amount of theheroin was 294.8 grams.

    24. On February 19,2010, the Complainant obtained a copy of the TexasDepartment ofPublic Safety accident report for the February 11,2010 Ward Countyautomobile accident involving a 2007 tan Chevrolet Tahoe, bearing Texas license92TJL9, registered to AO, 5336 Lovell Avenue, Fort Worth, Texas. The report indicatesthat the Tahoe, driven by MO, was traveling westbound on Interstate 20 as it entered acurve at an unsafe speed. The report also indicates that the driver, possibly fatigued orasleep, veered left and struck a guardrail with the vehicle's left front. The vehicle slidalong the top of the guardrail where it "tripped" and flipped several times. The vehiclewas occupied by MO, AD and eight (8) children. EO, the twelve (12) year old son ofwas killed as a result of the accident. The Complainant talked withTexas Department of Safety (DPS) investigators to determine whether any cash wasdiscovered at the crash site. DPS investigators advised that no cash was located at thescene and all occupants of the Tahoe had been transported to local hospitals. TheComplainant learned that the Tahoe had remained in an impound lot after the crash andDPS investigators did not believe that any family members had been back to the Tahoe.Later, the Tahoe was released to the insurance company and was moved to InsuranceAuto Auctions, 701 W. 81st Street, Odessa, Texas. On March 1,2010, the Complainantrequested that agents from the Midland locate and search the Tahoe at this impound lot.The agents responded to the Insurance Auto Auctions impound lot, searched the Tahoeand found no indication that cash had been hidden in the doors of the Tahoe, as describedby Henry. The agents described locating the factory installed plastic barriers intact oneach door of the Tahoe.

    25. On March 1,2010, the Complainant reviewed an initial group of recordsreceived from Western Union pursuant to a subpoena. The Western Union recordsshowed wire transfers from AO, the wife of totaling $17,300; EricOrozco, the brother of totaling $2,000; MG, a female associate oftotaling $4,000; and totaling $37,000. The recordsreflected that these wire transfers from associates were received by ten(10) named recipients in Nuevo Laredo or Tlacotepec, Mexico.Complaint Page 10

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    26. Based on the records detailed above, the Complainant requested WesternUnion records for a wider time frame. On April 12, 2010, the Complainant reviewedrecords received from Western Union pursuant to the additional subpoena. The WesternUnion records showed wire transfers from AO, totaling $18,200; Jo Ann Henry, acourier for totaling $2,100; MG, an associate of totaling $4000; totaling $38,070; and Rigoberto Orozco totaling$1,000. A second file received from Western Union showed wire transfers from AF, afemale associate of totaling $750;a female associate of and the mother of a child bytotaling $50,325; AO totaling $16,200; Cric (Sic Eric) Orozco totaling $2,000; DR, amale associate of totaling $2,000; DB, a male associate of totaling $2,000; FRA, one of workers, totaling $2,000; FR,one of workers, described above regarding undercover purchases ofheroin, totaling $2,000; Harold Grubbs, one of workers, totaling$1,500; Hector Ramos, one of workers, totaling $6,000; JR, a femaleassociate of totaling $5,000; LL, a female associate oftotaling $19,000; MG, a female associate of totaling $4000;totaling $37,100; Sarah Murillo (also known as Sarah Reyes), a femaleassociate of totaling $7,000; and VBDR, a possible relative of totaling $7,000. The Complainant noted that these records includedsome of the same previously received documents. The records reflected that these wiretransfers from associates werereceived by the same ten (10) recipientslisted above in Paragraph 25 and some additional recipients in Nuevo Laredo, Acuna orTlacotepec, Mexico.

    27. After reviewing these records from Western Union, the Complainant againcontacted agents with the Bureau of Immigration and Customs Enforcement ("ICE") andrequested that the additional individuals identified through the Western Union records beentered into an ICE database, where the Complainant would be notified when theindividuals crossed the border into the U.S. from Mexico.28. On April 14,2010, at the direction ofmembers of the FBI Fort WorthResident Agency and DEA Fort Worth Resident Office, a Confidential Source placed aconsensually monitored phone call to a member of the Drug TraffickingOrganization to purchase a small quantity of black tar heroin. The source was able to

    purchase DEA Drug Exhibit 11,23.3 grams black tar heroin, from Ivan Cano. The drugtransaction was completed at the residence located at 2012 Prairie Ave, Fort Worth,Texas, an address located next door to 2016 Prairie, Fort Worth, an address associated byrecords to Cano.

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    29. On June 15,2010, IvanCano, who had been identified by a cooperatingdefendant as a heroin courier for was arrested by the Fort Worth PoliceDepartment. Two officers of the FWPD observed a 2002 Chevrolet pick up truck,bearing Texas license 76XSP6, registered to a DG in EI Paso, Texas, and conducted atraffic stop on this truck for an offense. While the officers followed the truck andattempted to stop it, one of the officers observed a small brown object being thrown fromthe truck. While one officer detained the driver, Cano, the second officer retrieved theobject which had been thrown from the truck. The officer retrieved a small round metalbox which contained four (4) blue baggies and five (5) white baggies. All of the baggiescontained a brown substance believed by the officers to be heroin. The officers noted thatCano had three (3) cell phones, all ofwhich were constantly ringing during the trafficstop. An examination of the drugs seized during this traffic stop, which were identified asDEA Drug Exhibit 13, by the South Central DEA Laboratory in Dallas determined thatthe exhibit contained heroin, calculated as hydrochloride, and the exhibit's gross weightwas 78.6 grams, net weight was 2.0 grams, purity of the exhibit was 34.0 % and the actualamount of the heroin was 0.68 grams.

    30. In September 2010, the investigation proceeded to the court authorizedinterception of cell phones used by some of the subjects. In November, investigatorsconducted court ordered interceptions of two (2) cell phones, identified as TargetTelephone 2 (TT2) and Target Telephone 3 (TT3), used by Rigoberto Orozco, thebrother of The interception of these phones determined that RigobertoOrozco would talk to his worker, William Glenn Jones, and one ofhis suppliers,

    using TT2 and would talk to using TT3. Theinterceptions showed ,that had sold a quantity of heroin toduring the time that had borrowed TT2 from Rigoberto Orozco. Afterreturned TT2 to Rigoberto Orozco, would talk withRigoberto Orozco about and would ask RigobertoOrozco to have call him or visit him. Rigoberto Orozco would useTT3 to relay these messages to Later in November 2010, wheninvestigators began to intercept cell phone, TT4, they learned that

    and his heroin supplier, were discussing efforts toget to pay for the heroin. had provided the heroin to

    and had sold it to anddiscuss that is one of the few customers who would sell

    heroin. These calls are detailed below in Paragraphs 31, 32, 34 through 40.31. On November 2, 2010 at 1 06 p.m., Rigoberto Orozco, using TT2, placed

    a PTT call to TT4 and spoke to in Spanish. The call was translated. Aftergreeting and discussing the weather, Rigoberto Orozco said, "Yeah, that's true, that'sComplaint Page 12

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    true. Hey, my friend just called me again. It's because I just got my telephone becausemy brother still had it. .." (Rigoberto Orozco is telling that his brother,

    had borrowed his cell phone.)

    32. On November 4,2010 at 6:50 p.m., Rigoberto Orozco, over TT2, receiveda PTT call from TT4 and spoke to in Spanish. The call was translated.After discussion about a number of other matters, asked RigobertoOrozco, "The radio of this, of has he gotten one. " ( asksRigoberto Orozco whether has gotten PTT cell phone, because

    had not called As described above, had borrowedRigoberto Orozco's TT2, because felt his PTT cell phone could havebeen compromised by law enforcement after Eric Orozco's arrest.) Rigoberto Orozcotold "I don't know, I don't know, he hasn't called. I haven't talked to him,maybe I will talk to him tonight because my wife had a boy and I am going to the hospitalshortly. Do you want me to tell him to call you?" replied, "Yes, ifhe has,ifhe has the radio, yes, let him know. Because he said he was going to get a radio andthat he was going to call me. Give him a holler to see what he tells you, to see if he givesme a holler." Rigoberto Orozco answered, "Ok, it's done, I will tell him to call you."

    replied, "Ok, good." ( is asking Rigoberto Orozco to tellto call him if has obtained a PTT cell phone. Based on

    this part of the conversation, investigators believe that also knowsand has had previous contact with over a previous PIT cellphone.)

    33. On November 15, 201O,investigators sought court authorization to conductelectronic surveillance of the cell phone number used byTT4. On November 15,2010, U.S. District Judge Terry R. Means of the NorthernDistrict ofTexas, Fort Worth, Texas, signed an Order authorizing the interceptions for a30-day period. Interceptions began on November 15, 2010 and ended on November 28,2010, when dropped this cell phone after observing surveillance units.

    34. On November 16, 2010 at 5:31 p.m., over TT4, placed a callto on PTT number 143*902*7775. askedif he saw that man. affirmed and said that he went to see third party veryearly and he talked with a worker he has there. said that the worker toldhim not to worry and told him that the dude was there and that he didn't know why he( had not answered ( tellsthat he went to see at his shop. Initially, was not thereand talked to a worker, who told that wasaround and he did not know why had not calledComplaint Page 13

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    said that came in shortly after that. said thathe told that he had very worried. said heasked what was going on with him, that he ( wasn'tanswering. ( got to the shop. asked whyhe had not been returning his calls.) told thattold him that he would bring the check to business at seven thefollowing day. ( told that he will bring the payment for theheroin to shop the next day.) says that toldhim to bring his friend ( to his ( business to see it.

    asked why would his friend ( want to seebusiness adding that all that friend wants is his check.( asked to bring to his shop.replied, asking why would want to seeshop. added that all wanted was payment for the heroin.)

    said he told that he should have answered his phone orcalled or something. said that he told not to take too longbecause needed his money, he needed his check. asked ifhe said it would be tomorrow. affirmed and said that third party told himnot to worry, just to give him a chance. asked, "What did he say. Did hetell you yes? Tomorrow?" said, "Yes, that's what he said. 'No, really,dude,' he told me 'it got . .! got a little behind on it,' he said, 'It calmed down,' he said, 'Idon't even know why.''' ( confirmed to thattold him he would bring the payment the next day. also tells

    that told him he had gotten behind on collecting for the heroin.)said that told him that had asked hiscousin (code for Rigoberto Orozco) to tell to give him a couple more daysand that said that cousin did not tell him anything, thatall cousin said was that he hasn't seen the third party. (had told that he had asked Rigoberto Orozco to tell that heneeded a few more days. tells that the only thing thebrother told him was that he had not seen

    35. In response to this conversation, the investigators reviewed the recordedelectronic surveillance covering Jacksboro shop for November 16,2010. The review of the recording showed a white Ford van with a distinctive roofrack,associated to at shop on November 16,2010. Theinvestigators observed utilizing a white Ford van, bearing Texas license98SVW3, registered to RT, 838 Forest Oaks, Grand Prairie, Texas.

    36. On November 17,2010 at 10:4Ip.m., over TT4, placed aComplaint Page 14

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    call to on PTT number 143*902*7775. toldthat the guy ( came there just now. said that theguy ( left him part of it and the guy said he would bring the rest of themoney tomorrow. ( is telling that hadgiven him a partial payment for the heroin had provided toalso promised to pay the remaining amount tothe following day.) asked, "How much did he give you?"said, "He gave me nine (9 or $9,000) because he says he is also waiting on a friend tobring another check." ( tells that paid him$9,000 and that was waiting on the rest of the money from anothercustomer.) said that he didn't know if wantedto give him what had then or tomorrow after the guy comes andgives them the rest. said that tomorrow, because they need all of it.said that third parties have been calling and want all of it. (Whenasked whether wanted the partial payment, tellsto wait until he had the full payment, because his suppliers had been askingfor the full amount.) said that maybe tomorrow or the day after tomorrow,with check in hand, would give the guy the other little half that was overthere. said that the guy needs to pay that one first. saidthat, that is what he is saying that once the guy pays that, the guy said that he will comewith check in hand to get the other little half. ( tells that ifpaid him, he would give the rest of the heroinhad on hand. tells that needed topay for what he already had before gives him any additional heroin.agreed.) said that the good thing is that the guy brought

    something. said that is proof that the guy is really doing work.tells that the fact that brought him some moneyat least proves that is working to sell the heroin.) said,"Yes, right? Besides I don't think that just anyone sells that shit, dude. [UI] It's not likethe other stuff, right. The white. " agreed, saying, "You see that's theproblem. That's the problem. Not just anybody ..well know what I mean ..notjustanyone .." ( tells that not everyone sells heroin and it isdifferent than the sales of cocaine,the white stuff.) said that he has gonearound other guys and nobody wants to do anything with that. They have toldto go somewhere else. ( has offered the heroin to other customers,but they do not want anything to do with the heroin. The customers tell him to gosomewhere else.) said that it is not like the other stuff that is morenatural. ( tells that heroin is not like cocaine, which iseasier to sell.) said that at least if the guy pays. said hehopes that he brings everything tomorrow and takes the other, the other piece, they will beComplaint Page 15

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    done with that. ( wants to pay for the heroin, even thoughhe is one of the few customers who sells heroin. hopes thatwill bring the rest of the money for the heroin he already has. If brings the money, will give him the rest of the heroin andand will be done with the supply ofheroin they have.) and

    agreed to see each other the next day so can go get thatand third party can order the other one from said the guyagreed to call him tomorrow. ( will pick up the money'received from will then be able to pick up theremaining heroin. tells that agreed to callhim the next day.)

    37. On November 19,2010 at 12:20 p.m., over TT4, placed acall to on PTT number 143*902*7775. greetssaying, "What's up, my (a nickname uses for

    and said, "Ifhe gives everything to me at one time, [unintelligible]."asked, "But do you think he will give all of that to you today?" added thatif not, will wait. Otherwise will pick that up to take it tothe guys. (Again, is hoping that will fully repay him forthe heroin he received. asks whether he thinks

    will pay him the full amount. If thinks will pay,will wait to come and get the money. If thinkswill not pay the money, will pick up what alreadyhas from

    38. On November 19,2010 at 2:22 p.m., over TT4, placed a callto on PTT number 143*902*7775. said, "What, ? Wellno, I went by, I went by there to that fool's shop, his worker told me ( thathe hadn't gotten there." said that he waited there about 30 minutes and thenreturned to his place with (Based on other calls, is an individual who helpedtend to his fighting cocks at a Fort Worth residence.) said," . .I told his ..his worker there, I told him to have him call me as soon as he got there or tocome here where I am, the roosters." said he would be waiting for him.( is telling that he went to see at his shop.

    worker told that was not there.told the worker to call him or to visit him. told the worker to tellthat was waiting for him.)39. On November 20,2010 at 1 44 p.m., overTT4, placed a callto on PTT number 143*902*7775. asked, "The one with

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    the little black one ..anything? " said, "Call the guy with the little blackone, okay, so we can do ...we can get something." ( is askingwhether he has heard anything from40. On November 20,2010 at 9:48 p.m., over TT4, placed a call

    to on PIT number 143*902*7775. asked, "Did the onewith the little black one ever call you after all?" said, "The fool said he'llcome by tomorrow to see me." said he hoped so. said thathe hoped tomorrow, Sunday, becomes a happy day. askedwhat did third party ( tell and if third party (told tomorrow. ( again askswhether he had heard from concerning the money he owed them forheroin. replies that told him he would come by the nextday. Both and hope that does come byand pay.) affirmed and said, "'I'm here collecting everything' he said, 'buttomorrow I will come by to see you over there'" ( quotedsaying that told that he was collecting from his customersfor the heroin and he would be by the next day to see

    41. On December 8,2010, the Complainant and other investigators debriefed acooperating defendant (identified in previous affidavits in support of the T IIIapplications as CD13), who was attempting to reduce his sentence for criminal activities.This CD13 reported that Eric Orozco had been arrested in Houston while trying to sellone kilo of cocaine. When asked how he learned about this arrest, CD13 stated that arelative ofRigoberto Orozco's wife, Margarita Monrreal had told CD13 about the arrest.The relative told CD13 that Eric Orozco had called and asked the relative to accompanyhim to Houston for the sale of the kilo ofCocaine. Eric Orozco offered the relative$1,000 to go with him to Houston. The relative declined to go with Eric Orozco. Afterthe relative refused, Eric Orozco called some others to go with him to Houston. CD13did not know who had accompanied Eric Orozco. CD13 knew Eric Orozco. CD13 metEric Orozco through Sarah Reyes. When asked how Eric Orozco knew Sarah Reyes,CD13 advised that Eric Orozco was supplying Reyes with Ice/methamphetamine. Reyeshad told CD13 that someone owed Eric Orozco's brother, money andinstead ofpaying in cash, the person had paid with ten (10) pounds ofIce. and Eric Orozco were trying to sell the Ice and Eric Orozco would bringsome of the Ice to Reyes, who is an Ice user. CD13 also knew Eric Orozco to sellheroin. Occasionally, Eric Orozco would buy heroin from CD13. Eric Orozco wouldbuy a quarter ounce of heroin at a time from CD13. CD13 knew to alsosell heroin. CD13 believed that was getting his heroin from across theMexican border. CD13 had heard that the last girl that had sent to theComplaint Page 17

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    border to pick up heroin, had been arrested. CD13 was not sure if changed the way he got his heroin after this arrest. CD13 had heard that the courier wasallowed to cross into the U.S. with the heroin and she was then arrested. CD13 believedthat may have been at the border when this arrest happened. CD13 knewthat Reyes had made a run to the border to pick up heroin for CD13believed that this trip may have occurred in April or May of201O. CD13 also believedthat and Reyes flew to Laredo, Texas. CD13 did not know whether theyflew using their real names. accompanied Reyes to the border.sent Reyes across the border to a motel on the Mexican side. While Reyes wasin the room, the heroin courier came to the room and dropped off the heroin. Once theheroin was delivered, Reyes became afraid and refused to smuggle the heroin across theborder. Reyes called and told him that she would not carry the heroinacross. Reyes told that he needed to get someone else to carry the heroinacross. CD13 does not know what happened to the heroin or whetherwas able to get someone else to carry the drugs across. CD13 stated that while she was inMexico, Reyes called him crying and asking what she should do. CD13 supposedly toldher that he could not tell her what to do. CD13 knew of one other trip, where

    wanted Reyes to carry heroin across the border. CD13 stated thatpicked Reyes up and began driving South on Interstate 35. When they arrived in

    Austin, Reyes told that she did not want to carry the drugs. Reyes exitedthe car along the highway and called CD13. CD13 wired Reyes money and she returnedto Fort Worth. CD13 estimated that this occurred in June 2010. At the same time Reyeswould hold heroin for CD13, Reyes was holding heroin and Ice for andEric Orozco. CD13 believed that couriers were picking up betweenone and one and a half pounds of heroin on each trip. CD13 believed that

    had other women helping him as couriers. CD13 also knew thatwas using his couriers to send money to his heroin suppliers by Western Union. CD13had heard through a friend that her cousin had been sending money to Mexico for

    CD13 thought that may have had a baby with this girl.42. On March 25,2011, the Complainant received a call indicating thatwas crossing at the Eagle Pass Point ofEntry #1, Eagle Pass, Texas.was accompanied by Rachel Rae Skidmore, who was unknown to theinvestigators at this point. The two women were pulled into a secondary search which

    located .56 kilograms of heroin on Skidmore. refused to cooperateduring an interview. Skidmore did cooperate.43. Following her arrest, Skidmore was interviewed by investigators. Skidmorereported that she first met when she was 12 years old in Fort Worth,

    Texas. Skidmore knew that supplied heroin to numerous people whoComplaint Page 18

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    worked for him and resold the heroin to users. opened a paint and bodyshop in Fort Worth in 2 0 0 7 ~ 2 0 0 8 . was selling large quantities of heroinduring this period of time. Skidmore knew that would pay for a houseand put people in it to sell heroin to users. Skidmore did not know how many houseshad set up, but believed there were several houses in operation at thesame time. Skidmore saw with $ 4 0 , 0 0 0 ~ $ 5 0 , 0 0 0 at this paint and bodyshop. The paint and body shop had recently closed because had triplebypass heart surgery. Skidmore believed that heroin business haddeclined since the shutdown of the paint and body shop. approachedSkidmore and asked if she would be interested in transporting heroin on a bus fromWeatherford, Texas to Fort Worth, Texas. Skidmore decided that she would pick up theheroin in order to make some money. girlfriend,

    two children, and , identified byinvestigators as traveled to San Antonio, Texas. Skidmore was toldthat needed heroin transported from Piedras Negras across the borderinto the US and then to San Antonio, Texas. told Skidmore that she wasgoing to pick up 20 ounces of heroin. Skidmore was to be paid $2,000 for smuggling theheroin into the US. Skidmore and traveled by bus to Eagle Pass, Texas.After arriving in Eagle Pass, Skidmore and walked across the bridge intoPiedras Negras, Coahuila, Mexico. They met a Hispanic female and walked to a hotelwhere the Hispanic female had rented a room. The Hispanic female and Skidmore wentinto the bathroom to conceal the heroin on the body of Skidmore. The heroin waspackaged as one large bundle which made concealment very difficult. Skidmore wasunable to adequately conceal the heroin in the short period of time that they were able tostay in the hotel room. Skidmore, and the Hispanic female left the hoteland walked approximately three blocks to another hotel. rented a hotelroom at the Luxury Inn Hotel so that the heroin could be sufficiently concealed forcrossing into the US. Skidmore and then left the hotel for the Point ofEntry (POE). Skidmore explained that the heroin did not conceal very well because of itsbulk. Skidmore and were placed into secondary inspection at the POEand the heroin was discovered. Orozco's brother, Eric Orozco, sold methamphetamineto Skidmore during May, June, and July of2010. Skidmore purchased one quarter to onehalf ounce of crystal methamphetamine every day during this period oftime.

    Based on the foregoing, the Complainant believes that probable cause exists thatComplaint Page 19

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    also known asRigoberto Orozco, also known as Rigo, also known asEric Orozco, also known as Eddie, Hector Ramos, also

    known as John Gotti, Harold Grubbs, also known as Big D, Jo Ann Henry, Ivan Cano,also known as M, Sarah Reyes, also known as Sarah Murillo, andhave committed offenses involving violations of Title 21, United StatesCode, Section 84 1 a)(I)(Possession ofa Controlled Substance with the Intent to

    Distribute); United States Code, Section 846 (Conspiracy to Possess with Intent toDistribute a Controlled Substance); and Title 18, United States Code, Section 2 (Aidi _and Abetting the above-described offense . i)

    drew D. Farrell, Special Agent,Federal Bureau of Investigation

    Sworn to before me and subscribed in my presence, July 2011, at Fort Worth,Texas, at 3:/0 o'clock, p.m.

    Complaint

    ~ l L .. . . . . . .EJEFFREYL. CURETONTATES MAGISTRATE JUDGE

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