Eleven MS-13 Members Charged with Murders, Attempted Murders, Assaults, and Armed Robberies in Superseding Indictments

New Charges Include the September 2009 Slaying of a Grocery Store Employee During an Armed Robbery

Earlier today, a 50-count second superseding indictment was unsealed at the United States Courthouse in Central Islip, New York, charging 11 members and associates of La Mara Salvatrucha, also known as the MS-13 street gang, with multiple murders, attempted murders, assaults with dangerous weapons, armed robberies, and related firearms and conspiracy offenses. The charges were announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York, and Mary Galligan, Acting Assistant Director in Charge, Federal Bureau of Investigation, New York Field Office.

Ten of the defendants are in custody and are scheduled to be arraigned on this superseding indictment at 11:00 a.m. today before United States District Judge Joseph F. Bianco. This indictment adds five new defendants—Edwin Acosta-Martinez, Edwin Hernandez, Mario Rodriguez-Chinchilla, Walter Velasquez-Cruz, and a fifth individual whose identity remains under seal at this time (the “co-defendant”)—and charges relating to the September 12, 2009 armed robbery of Los Hermanos Grocery and the murder of 57 year-old Miguel Peralta in Brentwood, New York; the October 23, 2011 attempted murder of two suspected rival gang members in Central Islip, New York; and seven additional armed robberies, which took place in Suffolk County between December 2009 and February 2012. Specifically:

■Joyser Velasquez, Francisco Ponce and the co-defendant are charged with the armed robbery of Los Hermanos Grocery and the murder of Miguel Peralta. Asdetailed in court filings, Velasquez and the co-defendant, armed with handguns, entered the store, while Ponce waited as the getaway driver. Peralta, who was sweeping a storeroom in the back of the store, heard the commotion, entered the front of the store, and came face to face with Velasquez, who shot him once in the side. Peralta then ran down an aisle where he was confronted by the co-defendant, who shot him in the head. The robbers then rifled through the cash register, took cash and checks, and fled. Velasquez, Ponce, and the co-defendant are also charged with several other armed robberies, including the December 27, 2009 armed robbery of a Burger King restaurant in Bay Shore.

■Hernandez is charged with two attempted murders and assaults with dangerous weapons, which took place on October 23, 2011, on Clift Street in Central Islip. That evening, Hernandez, who was a new member of the Brentwood clique of the MS-13, was directed to murder a rival gang member in order to gain full status within the clique. Hernandez and another MS-13 member armed themselves with a .22 caliber semi-automatic handgun and 9mm semi-automatic handgun and drove around Central Islip looking for rival gang members. On Clift Street, Hernandez and the other MS-13 member observed a group of African-Americans whom they believed were members of the Bloods street gang. Hernandez and the other MS-13 member approached the group and opened fire. Two men were struck and were subsequently transported to local hospitals. Both victims survived.

■Acosta-Martinez, Rodriguez-Chinchilla, and Velasquez-Cruz are charged in connection with a series of robberies that took place in Suffolk County between January and February 2012, including: the armed robberies of the Lempa Deli in Central Islip on January 4, 2012; the Off the Track Quick Mart in Babylon on January 6, 2012; the Iglesia Universal Church in Brentwood on January 11, 2012; the Chapi Deli in Huntington Station on January 26, 2012; the Mi Tierrita restaurant in Brentwood on February 13, 2012; and the Health-Mart Pharmacy in Bay Shore on February 28, 2012.

The indictment announced today includes the charges from the underlying indictments against Jose Alvarenga, Hector Torres, Jonathan Ayala, Edwin Molina, Ponce, and Velasquez, relating to: a July 24, 2008 murder conspiracy and assault with a dangerous weapon in Timberline Park in Brentwood; the February 15, 2009 armed robbery of Pollo Campero restaurant in Lindenhurst; the October 4, 2009 murder of Luis Castro in Huntington; the November 20, 2009 murder of Christopher Hamilton in Brentwood; the December 19, 2009 armed robbery of Wilson Express Corp., a check cashing and money transfer business in Patchogue; a January 2010 conspiracy to rob a McDonald’s restaurant in Smithtown; the August 31, 2010 murder of Rigoberto Gomez in Brentwood; the September 2010 murder of Bayron Vasquez-Nunez in Brentwood; and January 2012 firearms charges.

If convicted, each defendant faces a maximum sentence of life in prison. In addition, Alvarenga, Ponce, Torres, Velasquez, Molina, and the co-defendant each face mandatory life in prison or possibly the death penalty.

“For years, members of the MS-13 street gang have terrorized communities across Long Island. As charged in this new indictment, the defendants cut a swath of terror and wanton violence victimizing innocent citizens across Suffolk County,” stated United States Attorney Lynch. “This office and the FBI’s Long Island Gang Task Force will continue to prioritize combating gang violence on Long Island.”

FBI Acting Assistant Director in Charge Galligan stated, “The allegations in the new indictment confirm the ongoing threat posed by MS-13. Despite a decade’s extraordinary effort by the Long Island Gang Task Force and the U.S. Attorney’s Office, and the hundreds of convictions already obtained, MS-13 members continue to commit murder and mayhem seemingly without regard for human life. The new charges include the cold-blooded murder of an innocent grocery store employee during one of several violent armed robberies in Suffolk County. So long as MS-13 and other gangs pose a threat to public safety, the efforts of the FBI and the task force will persist.”

The government’s case is being prosecuted by Assistant United States Attorneys John J. Durham, Raymond A. Tierney, and Carrie N. Capwell.

The charges announced today are the latest in a series of indictments by the United States Attorney’s Office for the Eastern District of New York against members of the MS-13, a violent international street gang. Over the past decade, more than 200 MS-13 members, including the leaders of a number of the MS-13 cliques on Long Island, have been arrested and convicted on federal felony charges in this district, including federal racketeering and murder charges. These prosecutions are the result of investigations led by the FBI’s Long Island Gang Task Force, comprising agents and officers of the FBI, Nassau County Police Department, Nassau County Sheriff’s Department, the United States Department of Homeland Security-Homeland Security Investigations, the Suffolk County Sheriff’s Department, and the Suffolk County Probation Department. U.S. Attorney Lynch commended the detectives from the Suffolk County Police Department, who, until recently, were assigned to the task force, for their tireless efforts and invaluable contributions to this prosecution.

The charges are merely allegations, and the defendants are presumed innocent unless and until proven guilty.

Defendants:

EDWIN ACOSTA-MARTINEZ (a/k/a “Scarface” and “Alejandro”)

Age: 23

JOSE ALVARENGA (a/k/a “Fosforo”)

Age: 22

JONATHAN AYALA (a/k/a “Bang Bang,” “Bam Bam,” and “Duende”)

Age: 19

EDWIN HERNANDEZ (a/k/a “Masacre” and “Scooby”)

Age: 21

EDWIN MOLINA (a/k/a “Trece”)

Age: 24

FRANCISCO PONCE (a/k/a “Spoiler”)

Age: 30

MARIO RODRIGUEZ-CHINCHILLA

Age: 24

HECTOR TORRES (a/k/a “Smiley”)

Age: 21

JOYSER VELASQUEZ (a/k/a “Baby Boy”)

Age: 28

WALTER VELASQUEZ-CRUZ (a/k/a “Wilmer”)

Age: 27

Buffalo Man Sentenced on Drug Charges

BUFFALO—U.S. Attorney William J. Hochul, Jr. announced today that Arthur Hubbard, 36, of Buffalo, New York, who was convicted of conspiracy to possess with intent to distribute, and to distribute, cocaine, was sentenced by to 37 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Robert C. Moscati, who is handling the case, stated that Hubbard bought “Big 8” quantities of cocaine (1/8th of a kilogram) from co-defendant David Manuel, which the defendant then redistributed to others. Hubbard was arrested along with 19 others and charged with being involved in a multi-kilogram cocaine distribution network between Buffalo, New York and Houston, Texas. To date, 18 of the 20 defendants have been convicted.

The case was the culmination of an investigation on the part of special agents of the Federal Bureau of Investigation Safe Streets Task Force under the direction of Special Agent in Charge Christopher M. Piehota; the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Resident Agent in Charge Frank Christiano.

Member of 10th Street Gang Pleads Guilty to Racketeering Charges

BUFFALO—U.S. Attorney William J. Hochul, Jr. announced today that Christopher Pabon, 23, of Buffalo, New York, pleaded guilty before U.S. District Judge Richard J. Arcara, to Racketeer Influenced Corrupt Organizations conspiracy (RICO conspiracy). The charge carries a maximum penalty of life in prison and a fine of $250,000.

Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that from 2000 through 2010, Christopher Pabon was a member or an associate of the 10th Street Gang. As a part of his involvement in the gang, the defendant, along with other members and associates of the gang, possessed firearms and sold marijuana, cocaine, crack cocaine, and heroin on the West Side of Buffalo, New York. As part of his plea of guilty, Pabon also admitted that on April 17, 2006, he gave a loaded handgun to a fellow gang member, knowing that the fellow gang member and others in the gang were going to shoot at rival 7th Street Gang members. The subsequent shooting resulted in the deaths of Brandon McDonald and Darinell Young, as well as injuries to other individuals.

Christopher Pabon was indicted along with 34 other 10th Street Gang members or associates. He is the 17th defendant to be convicted.

The plea is the culmination of an investigation on the part of investigators of the New York State Police, under the direction of Major Christopher Cummings; the Buffalo Police Department, under the direction of Commission Daniel Derenda; and special agents of the Federal Bureau of Investigation under the direction of Special Agent in Charge Christopher M. Piehota.

Sentencing is scheduled for January 23, 2013, at 1:00 p.m. before Judge Arcara.

Thirteen Members and Associates of the “Wolfpack” Criminal Organization Charged in Manhattan Federal Court with Narcotics and Firearms Offenses

Preet Bharara, the United States Attorney for the Southern District of New York; Mary Galligan, the Acting Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”); and Raymond W. Kelly, the Police Commissioner of the City of New York (“NYPD”), announced today the unsealing of charges against 13 members and associates of a criminal organization known as the “Wolfpack” for narcotics and firearms offenses. Defendants FRANKIE FROKAJ, CORRY LOMBARDI, JOSEPH CAMAJ, DRITON HAXHIJAJ, JOSEPH MITCHELL, GEORGE CEKAJ, STEPHEN CRIVILLARO, ALBERTO SPAGNUOLO, and JASON VILLALONA were arrested earlier today and appeared in Manhattan federal court before U.S. Magistrate Judge James L. Cott this afternoon. CHRISTOPHER NRECAJ and DAVID NRECAJ were already in custody from an August 10, 2012 arrest on a previous indictment in this case. MARIA MANGIARDI is in custody on state charges. The remaining defendant, DEDA FROKAJ is at large.

Manhattan U.S. Attorney Preet Bharara said: “Gangs like the Wolfpack allegedly bring drugs and violence to the communities they inhabit, and they have no place in civil society. Thanks to today’s law enforcement action, their ranks are now depleted, but we will not stop until the Wolfpack is extinct.”

FBI Acting Director in Charge Mary Galligan said: “As the indictment alleges, this organization is aptly named. The members of the Wolfpack preyed on rival drug dealers, and did it with guns and violence. This type of alleged activity posed a threat to the safety of everyone in the Bronx neighborhoods the Wolfpack prowled, not just rival criminals. The FBI is committed to preventing predatory organizations like this one from becoming entrenched.”

NYPD Commissioner Raymond W. Kelly said: “It’s hard to imagine a greater menace to neighborhood safety than the triple threat posed by alleged traffickers of oxy, coke, and guns. But the detectives, agents, and prosecutors in this case posed a triple threat of their own as the Wolfpack defendants learned the hard way. Congratulations to the great team that made it possible.”

The following allegations are based on the superseding indictment unsealed today in Manhattan federal court:

From 2008 through August 2012, the 13 charged defendants were members and associates of the Wolfpack. During that time, the defendants conspired to distribute and possess with intent to distribute 500 grams and more of cocaine, 100 kilograms and more of marijuana, and quantities of Oxycodone. In the course of their criminal activities, members of the Wolfpack and their associates shared weapons and used violence against their rivals. In addition, CHRISTOPHER NRECAJ, DAVID NRECAJ, and FRANKIE FROKAJ are charged with using and carrying firearms in connection with the conspiracy. CHRISTOPHER NRECAJ is also charged with two counts of being a felon in possession of a firearm, in connection with his possession of a Glock handgun in March 2012, and a Smith and Wesson handgun and Mosseberg shotgun in August 2012.

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CHRISTOPHER NRECAJ, 40; DAVID NRECAJ, 27; FRANKIE FROKAJ, 28; DEDA FROKAJ, 29; LOMBARDI, 24; CAMAJ, 26; HAXHIJAJ 23; MANGIARDI, 28; MITCHELL, 24; CEKAJ, 51; CRIVILLARO, 24; SPAGNUOLO, 23; and VILLALONA, 21, are all residents of the Bronx.

CHRISTOPHER NRECAJ, DAVID NRECAJ, and FRANKIE FROKAJ all face a potential life sentence, and a mandatory minimum term of 10 years in prison. DEDA FROKAJ, LOMBARDI, CAMAJ, HAXHIJAJ, MANGIARDI, MITCHELL, CEKAJ, CRIVILLARO, SPAGNUOLO, and VILLALONA each face a maximum term of 40 years in prison, and a mandatory minimum penalty of five years in prison. Below is a chart outlining the charges against the defendants and the maximum terms of imprisonment they face for each offense.

This case has been assigned to U.S. District Judge George B. Daniels.

Mr. Bharara praised the investigative work of the FBI-NYPD Balkan Organized Crime Task force, and stated that the investigation is ongoing.

The case is being prosecuted by the Organized Crime Unit. Assistant United States Attorneys Nicholas McQuaid, Peter Skinner, and Rebecca Mermelstein are in charge of the prosecution.

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

U.S. Border Patrol Prevents Illegal Entry

Citizen of Belarus attempts crossing

Buffalo, N.Y. — U.S. Border Patrol agents encountered a citizen of Belarus who attempted to enter the United States illegally by running across the International Railroad Bridge from Canada early this morning.

On September 18, at approximately 6:00 a.m., Border Patrol agents were alerted, via video surveillance, to a male subject attempting to run from Canada across the International Railroad Bridge and into the United States. Agents rapidly responded to the scene in order to prevent the man from escaping into the city of Buffalo, N.Y.

Agents apprehended the man and later determined him to be a citizen of Belarus, here in the United States illegally. The man was arrested and taken to the Buffalo Border Patrol Station for further processing.

“The work our agents carry out each day can be tedious and complicated,” said Deputy Chief Patrol Agent Daniel Hiebert. “This is a perfect example of how agents using technology can rapidly respond to illegal incursions and produce successful results.”

U.S. Customs and Border Protection welcome assistance from the community. Citizens can report suspicious activity to the Border Patrol and remain anonymous by calling (800) 331-0353 toll free.

U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation's borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.