SEALED UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION UNITED STATES OF AMERICA, ) Plaintiff, ) ) v. ) ) JOSE TREVINO-MORALES (3) ) Defendant, ) FILED JUN 1 2 2012 CLERK, U.S. 1RIcT COURT WESTERN 1T OF TEXAS BY D TV CLE CRIMINAL NO. A-12-CR-210 MOTION FOR DETENTION COMES NOW the United States by and through its Assistant United States Attorney and files this motion for pretrial detention under Title 18, United States Code, Section 3141, et seq., and would show the Court the following: 1. The pending case involves: [ II (A) A crime of violence [ ] (B) An offense for which the maximum sentence is life imprisonment or death. [ ] (C) An offense for which a maximum term of imprisonment of ten years or more is prescribed in the Controlled Substances Act, the Controlled Substances Import and Export Act or the Maritime Drug Law Enforcement Act. [ ] (D) A felony committed after the Defendant had been convicted of two or more prior offenses described in Title 18, United States Code, Section 31 42(f)(l)(A)-(C) or comparable state or local offense. [x] (E) A serious risk that the Defendant will flee. [x] (F) A serious risk that the person will obstruct or attempt to obstruct justice, or attempt to threaten, injure or intimidate a prospective witness or juror. [ ] (G) An offense committed by the Defendant while released pending trial or sentence, or while on probation or parole requiring an initial 10 day detention pursuant to 18 U.S.C. § 3 142(d). Case 1:12-cr-00210-SS Document 36 Filed 06/12/12 Page 1 of 2
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SEALED UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
UNITED STATES OF AMERICA, ) Plaintiff, )
)
v. ) )
JOSE TREVINO-MORALES (3) ) Defendant, )
FILED
JUN 1 2 2012
CLERK, U.S. 1RIcT COURT WESTERN 1T OF TEXAS
BY D TV CLE
CRIMINAL NO. A-12-CR-210
MOTION FOR DETENTION
COMES NOW the United States by and through its Assistant United States Attorney and
files this motion for pretrial detention under Title 18, United States Code, Section 3141, et seq.,
and would show the Court the following:
1. The pending case involves:
[ II (A) A crime of violence
[ ] (B) An offense for which the maximum sentence is life imprisonment or death.
[ ] (C) An offense for which a maximum term of imprisonment of ten years or more is prescribed in the Controlled Substances Act, the Controlled Substances Import and Export Act or the Maritime Drug Law Enforcement Act.
[ ] (D) A felony committed after the Defendant had been convicted of two or more prior offenses described in Title 18, United States Code, Section 31 42(f)(l)(A)-(C) or comparable state or local offense.
[x] (E) A serious risk that the Defendant will flee.
[x] (F) A serious risk that the person will obstruct or attempt to obstruct justice, or attempt to threaten, injure or intimidate a prospective witness or juror.
[ ] (G) An offense committed by the Defendant while released pending trial or sentence, or while on probation or parole requiring an initial 10 day detention pursuant to 18 U.S.C. § 3 142(d).
Case 1:12-cr-00210-SS Document 36 Filed 06/12/12 Page 1 of 2
[ ] (H) An offense committed by the above named defendant who is not a citizen of the United States or lawfully admitted for permanent residence requiring an initial 10 day detention under the provisions of 18 U.S.C. § 3142(d).
[ ] (I) An offense that is not otherwise a crime of violence that involves a minor victim or that involves the possession or use of a firearm or destructive device, or any other dangerous weapon, or involves a failure to register under Title 18, Section 2250.
2. No condition or combination of conditions will:
[X] (A) Reasonably assure the appearance of the person as required.
[X] (B) Reasonably assure the safety of the community or any other person.
The United States may advocate additional reasons for detention other than those indicated
above as the investigation proceeds and new information becomes available.
Pursuant to 18 U.S.C. 3 142(d) the United States moves that the detention hearing be
continued for three (3) days so that the United States can prepare for said hearing.
WHEREFORE, PREMISES CONSIDERED, the Government requests that the Defendant
be held without bond.
Respectfully submitted,
ROBERT PITMAN
By-_____________ Douglas W. Gardner Assistant U.S. Attorney 816 Congress Avenue, Suite 1000 Austin, Texas 78701 Office (512) 916-5858 Fax (512) 916-5854 TX State Bar No. 24007223
Case 1:12-cr-00210-SS Document 36 Filed 06/12/12 Page 2 of 2
SEALED
UNITED STATES DISTRICT COURT
FiLED
2UI2MI13O PM 3:L41
WESTERN DISTRICT OF TEXAS CLY U11TL COURT
AUSTIN DIVISION f TEA A S
UNITED STATES OF AMERICA,
Plaintiff,
V.
MIGUEL ANGEL TRIEVINO MORALES(1) aka "40"
OSCAR OMAR TREVINO MORALES(2) aka "42"
JOSE TREVINO-MORALES(3) ZULEMA TEE VINO(4) CARLOS MIGUEL NAYEN BORBOLLA(5)
aka "Carlito, aka, Piotos" FRANCISCO ANTONIO COLORADO CESSA(6) FERNANDO SOLIS GARCIA(7)
aka Freddy VICTOR MANUEL LOPEZ(8) SERGIO ROGELIO GUERRERO RINCON(9)
aka "El Negro" ADAN FARIAS(10) EUSEVIO MALDONADO HtJITRON(11)
FELIPE ALEJANDRO QUINTERO(13) RAUL RAMIREZ(14) LS GERARDO AGUIRRE(15)
ALEJANDRO QUINTERO(13), RAUL RAMIREZ(14), and LUIS GERARDO
AGLJIRRE(15) shall forfeit any and all right, title, and interest in the below-described property to
the United States, pursuant to 18 U.S.C. § 982(a)(l), which states the following:
18 U.S.C. § 982.
(a)(1) The court, in imposing sentence on a person convicted of an offense in violation of section 1956,. . . of this title, shall order that the person forfeit to the United States any property, real or personal, involved in such offense, or any property traceable to such property.
This Notice of Demand for Forfeiture includes, but is not limited to the property, described
below in paragraphs II, Ill, and IV.
II.
Personal Property
As a result of the foregoing criminal violations as set forth in Count One of the Indictment,
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DEFENDANTS MIGUEL ANGEL TREVINO MORALES(1), OSCAR OMAR TREVINO-
MORALES(2), JOSE TREVINO-MORALES(3), ZULEMA TREVINO(4), CARLOS
MIGUEL NAYEN BORBOLLA(S), FRANCISCO ANTONIO COLORADO CESSA(6),
FERNANDO SOLIS GARCIA(7), VICTOR MANUEL LOFEZ(8), SERGIO ROGELIO
RAUL RAMIREZ(14), and LUIS GERARDO AGUIRRE(15) shall forfeit to the United States,
pursuant to 18 U.S.C. § 982(a)(l), the following:
A. Quarter Horse TEMPTING DASH, asset of MIGUEL ANGEL TREV[NO MORALES(1), OSCAR OMAR TREV1NO MORALES(2), and their nominees, JOSE TREVINO MORALBS(3) and ZULEMA TREV1NO(4) operating under various names to include TREMOR ENTERPRISES, TREMOR ENTERPRISES LLC, ZULE FARMS, and 66 LAND LLC;
B. Quarter Horse MR. PILOTO, asset of MIGUEL ANGEL TREV1NO MORALES(1), OSCAR OMAR TREVINO MORALES(2), and their nominees, JOSE TREVINO MORALES(3) and ZULEMA TREVINO(4) operating under various names to include TREMOR ENTERPRISES, TREMOR ENTERPRISES LLC, ZULE FARMS, and 66 LAND LLC;
C. Quarter Horse DASHIN FOLLIES, asset of MIGUEL ANGEL TREVINO MORALES(1), OSCAR OMAR TREVINO MORALES(2), and their nominees, JOSE TREVII'10 MORALES(3) and ZULEMA TREVINO(4) operating under various names to include TREMOR ENTERPRISES, TREMOR ENTERPRISES LLC, ZULE FARMS, and 66 LAND LLC;
D. Quarter Horse CORONITA CARTEL, asset of MIGUEL ANGEL TREVINO MORALES(1), OSCAR OMAR TREVINO MORALES(2), and their nominees, JOSE TREV1NO-MORALES(3) and ZULEMA TREVINO(4) operating under various names to include TREMOR ENTERPRISES, TREMOR ENTERPRISES LLC, ZULE FARMS, and 66 LAND LLC;
E. Quarter Horse SEPARATE FIRE, asset of MIGUEL ANGEL TREVINO MORALES(1), OSCAR OMAR TREVINO MORALES(2), and their nominees, JOSE TREVINO MORALES(3) and ZULEMA TREVINO(4) operating under various names to include
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TREMORENTERPRISES, TREMOR ENTERPRISES LLC, ZULE FARMS, and 66 LAND LLC;
F. Any and all assets to include horses, farm and ranch equipment, and horse racing equipment under the control of JOSE TREV1NO MORALES(3) and ZULEMA TREVINO(4) operating under various names to include TREMOR ENTERPRISES, TREMOR ENTERPRISES LLC, 66 LAND LLC, ZULE FARMS LLC, and their nominees;
G. Any and all assets to include horses, farm and ranch equipment, and horse racing equipment under the control of FERNANDO SOLIS GARCIA(7), GARCIA BLOODSTOCK & RACING LLC, BONANZA RACING STABLES LLC, and their nominees;
H. Any and all assets to include horses, farm and ranch equipment, and horse racing equipment under the control of CARLOS MIGUEL NAYEN BORBOLLA(5) and FRANCISCO ANTONIO COLORADO CESSA(6) operating under various names to include CARMINA LLC and their nominees;
I. Any and all assets to include horses, farm and ranch equipment, and horse racing equipment under the control of ADAN FARIAS(10) operating under LA HORSES INC.;
J. Any and all assets to include horses, farm and ranch equipment, and horse racing equipment under the control of DESIREE PRINCESS RANCH LLC and their nominees;
K. Any and all funds in Bank of America Account Number * * * * * * * * 1054 in the name of TREMOR ENTERPRISES LLC, under the control of JOSE TREVINO MORALES(3) and ZULEMA TREV1NO(4);
L. Any and all funds in Bank of America Account Number ********7266 in the name of TREMOR ENTERPRISES LLC, under the control of JOSE TREV1NO MORALES(3) and ZULEMA TREVINO(4); and
M. Any and all funds in Bank of America Account Number ********4l43 in the name of 66 LAND LLC, under the control of JOSE TREVINO MORALES(3) and ZULEMA TREVTNO(4).
III.
Real Property
As a result of the foregoing criminal violations as set forth in Count One of the Indictment,
DEFENDANTS JOSE TREVINO MORALES(3), ZULEMA TREVINO(4) and EUSEVIO
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MALDONADO HUITRON(l1) shall forfeit to the United States, pursuant to and 18 U.S.C.
§ 982(a)(1), the following:
A. All right, title and interest of DEFENDANT JOSE TREVTNO MORALES(3) and ZULEMA TREVINO(4) in the following real property are subject to forfeiture to the United States of America:
1. Real property located and situated at 17840 84th Street, Lexington, Cleveland County, Oklahoma, including any and all buildings, appurtenances and improvements thereon and any and all surface rights, title and interests, if any, and more fully described as: LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS ALL THAT CERTAIN PROPERTY SITUATED IN THE COUNTY OF CLEVELAND, AND STATE OF OK AND BEING DESCRIBED [N A DEED DATED 09/20/2011 AND RECORDED 10/05/2011 IN BOOK/ PAGE:491 8 /759 AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, AND REFERENCED AS FOLLOWS:
THE FOLLOWiNG DESCRIBED REAL PROPERTY AND PREMISES SITUATED LN CLEVELAND COUNTY, STATE OF OKLAHOMA, TO WIT: PART OF THE SOUTHEAST QUARTER (SE/4) OF SECTION EIGHT (8), TOWNSHIP SIX (6) NORTH, RANGE ONE (1) WEST OF THE TM., CLEVELAND COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING FROM THE NW CORNER OF SAID SE/4, THENCE NORTH 89 DEGREES 4956' EAST A DISTANCE OF 209.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 0 DEGREES 0529' WEST A DISTANCE OF 418.00 FEET; THENCE S. 89 DEGREES 49'S6" W. A DISTANCE OF 209.00 FEET; THENCE S. 0 DEGREES 05'29" W. A DISTANCE OF 889.06 FEET; THENCE N. 89 DEGREES 5221" E. A DISTANCE OF 2623.81 FEET TO TI-I.E EAST SECTION LINE OF SAID SECTION 8; THENCE ALONG SECTION LINE N. 0
DEGREES 0659" WEST A DISTANCE OF 1,308.89 FEET; THENCE S. 89 DEGREES 4956" WEST A DISTANCE OF 2,410.07 FEET TO THE POINT. OF BEGINNING.
THE REAL PROPERTY DESCRIBED IN THIS WARRANTY DEED INCLUDES AS AN IMPROVEMENT TO THE LAND SET FORTH HEREIN A MOBILE HOME, 1995 OAKCRE, VEH ID#) C05 9573 24AB, TITLE #553098176011G, #060391432A0577, PERMANENTLY AFFIXED TO SAID LAND. RESERVATIONS FROM AND
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Case 1:12-cr-00210-SS Document 45 Filed 05/30/12 Page 21 of 25
EXCEPTIONS TO CONVEYANCE AND WARRANTY FOR ALL QF THE AFOREMENTIONED REAL PROPERTY: Easements, rights-of- way, and prescriptive rights, whether of record or not; all presently recorded instruments, other than liens and conveyances, that affect the property.
2. Real property located and situated at 17850 84th Street, Lexington, Cleveland County, Oklahoma, including any and all buildings, appurtenances and improvements thereon and any and all surface rights, title and interests, if any, and more fully described as: THE SOUTH HALF OF THE SOUTHEAST QUARTER (S Y2 SE 1/4) OF SECTION EIGHT (8), TOWNSHIP SIX (6) NORTH, RANGE ONE (1) WEST OF THE INDIAN MERIDIAN, CLEVELAND COUNTY, OKLAHOMA, LESS AND EXCEPT A TRACT OF LAND THAT IS PART OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION EIGHT (8), TOWNSHIP SIX (6) NORTH, RANGE ONE(l) WEST OF THE I.M., CLEVELAND COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM THE SW CORNER OF THE SE 1/4 OF SAID SECTION EIGHT; THENCE N 89 DEGREES 59' 48" E, A DISTANCE OF 654.47 FEET; THENCE N 0 DEGREES 25' 22" E, A DISTANCE OF 1326.37 FEET, THENCE S 89 DEGREES 52' 21" W, A DISTANCE OF 662.15 FEET; THENCE S 0 DEGREES 05' 29" W, A DISTANCE OF 1324.90 FEET TO THE POINT OF BEGINNiNG. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY FOR ALL OF THE AFOREMENTIONED REAL PROPERTY: Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded instruments, other than liens and conveyances, that affect the property.
3. Real property located and situated at 17860 84th Street, Lexington, Cleveland County, Oklahoma, including any and all buildings, appurtenances and improvements thereon and any and all surface rights, title and interests, if any, and more fully described as: THE SOUTH HALF OF THE SOUTHEAST QUARTER (S '/2 SE 1/4) OF SECTION EIGHT (8), TOWNSHIP SIX (6) NORTH, RANGE ONE (1) WEST OF THE INDIAN MERIDIAN, CLEVELAND, COUNTY, OKLAHOMA, LESS AND EXCEPT A TRACT OF LAND THAT IS PART OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION EIGHT (8), TOWNSHIP SIX (6) NORTH, RANGE ONE (1) WEST OF THE I.M., CLEVELAND COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM TH SW/CORNER OF THE SE 1/4 OF SAID SECTION 8; THENCE N 89 DEGREES 59' 48" E A DISTANCE OF 654.47 FEET; THENCE N 0
DEGREES 25' 22" E A DISTANCE OF 1326.37 FEET, THENCE 5 89
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DEGREES 52' 21" W A DISTANCE OF 662.15 FEET; THENCE S 0 DEGREES 05' 29" WA DISTANCE OF 1324.90 FEET TO THE POINT OF BEGINNING. EXCLUDING MINERAL RIGHTS PREVIOUSLY RESERVED OR CONVEYED OF RECORD. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY FOR ALL OF THE AFOREMENTIONED REAL PROPERTY: Easements, rights- of-way, and prescriptive rights, whether of record or not; all presently recorded instruments, other than liens and conveyances, that affect the property.
B. AU right, title and interest of DEFENDANT EUSEVIO MALDONADO HUITRON(11) in the following real property are subject to forfeiture to the United States of America:
1. Real property located and situated at 163 Rianna Woods, Dale, Bastrop County, Texas, including any and all buildings, appurtenances and improvements thereon and any and all surface rights, title and interests, if any, and more fully described as: A342 WARNELL, HENRY, ACRES 14.9950. RESERVATIONS FROM AND EXCEPTIONS TO
CONVEYANCE AND WARRANTY FOR ALL OF THE AFOREMENTIONED REAL PROPERTY: Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded instruments, other than liens and conveyances, that affect the property.
Iv.
Money Judgment
As a result of the foregoing criminal violations as set forth in Count One, DEFENDANTS
MIGUEL ANGEL TREVINO MORALES(1), OSCAR OMAR TREVINO-MORALES(2),
JOSE TREVINO MORALES(3), ZULEMA TREVINO(4), CARLOS MIGUEL NAYEN
BORBOLLA(5), FRANCISCO ANTONIO COLORADO CESSA(6), FERNANDO SOLIS
GARCIA(7), VICTOR MANUEL LOPEZ(8), SERGIO ROGELIO GUERRERO RINCON(9),
ADAN FARIAS(1O), EUSEVIO MALDONADO HUITRON(11),
FELIPE ALEJANDRO QUTNTERO(13), RAUL RAMIREZ(14), and
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Case 1:12-cr-00210-SS Document 45 Filed 05/30/12 Page 23 of 25
LUIS GERARDO AGUIRRE(15) shall forfeit to the United States all right, title and interest,
pursuant to Rule 32.2 of the Federal Rules of Criminal Procedure and 18 U.S.C. § 982(a)(1), the
following described Money Judgment of Forfeiture:
A sum of money equal to Twenty Million Dollars in United States currency ($20,000,000.00), representing the amount of money derived from or traceable to the proceeds obtained directly or indirectly from the commission of the offenses described above in Count One for which DEFENDANTS MIGUEL ANGEL TREVINO MORALES(1), OSCAR OMAR TREVINO- MORALES(2), JOSE TREVINO MORALES(3), ZULEMA TREVINO(4), CARLOS MIGUEL NAYEN BORBOLLA(S), FRANCISCO ANTONIO COLORADO CESSA(6), FERNANDO SOLIS GARCIA(7), VICTOR MANUEL LOPEZ(8), SERGIO ROGELIO. GUERRERO RINCON(9), ADAN FARIAS(1O), EUSEVIO MALDONADO HUITRON(1 1),
FELIPE ALEJANDRO QUINTERO(13), RAUL RAI\'HREZ(14), and LUIS GERARDO AGUIRRE(15) are jointly and severally liable.
V. Substitute Assets
[18 U.S.C. § 982(a)(2), 21 U.S.C. § 853(p), pursuant to 18 U.S.C. § 982(b)(1) and Fed. R. Crim. P. 32.2]
If the money judgment described above as being subject to forfeiture for violation of 18
U.S.C. § 1956(h) arid subject to forfeiture pursuant to 18 U.S.C. § 982(a)(l), as a result of any act
or omission of DEFENDANTS MIGUEL ANGEL TREVINOMORALES(1), OSCAR OMAR
TREV1NO MORALES(2), JOSE TREVINO MORALES(3), ZULEMA TREVINO(4),
CARLOS MIGUEL NAYEN BORBOLLA(5), FRANCISCO ANTOMO COLORADO
CESSA(6), FERNANDO SOLIS GARCIA(7), VICTOR MANUEL LOPEZ(8), SERGIO
QUINTERO(13), RAUL RAMIREZ(14), and LUIS GERARDOAGUIRRE(15)
a. cannot be located upon the exercise of due diligence;
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b. has been transferred or sold to, or deposited with, a third person; c. has been placed beyond the jurisdiction of the Court; d. has been substantially diminished in value; or e. has been commingled with other property which cannot be subdivided
without difficulty;
It is the intent of the United States of America to seek forfeiture of any other property, to
include the properties listed in paragraphs II and III above, up to the value of said forfeitable
property, and money judgment described above in paragraph IV.
ROBERT PITMAN United States Attorney
By:
DOkJ'GL W. UARDJER Ajsistar(t United Stat Attorney
25
A TRUE BThL:
ORIGINAL SIGNATURE
REDACTED PURSUANT TO
E-GOVERNMENT ACT OF 2002
Case 1:12-cr-00210-SS Document 45 Filed 05/30/12 Page 25 of 25