EFTA00179475.pdf

AO 91 (Rev. 5/85) Criminal Complaint AUSA VILLAFAl4A FILED by United States District Court DEC SOUTHERN DISTRICT OF FLORIDA UNITED STATES OF AMERICA vs. ALFREDO RODRIGUEZ, Defendant. STEVEN M. LARIMORE CI ERK U S. 0:ST. CT. Cr FLA. WAS. CRIMINAL COMPLAINT CASE NUMBER: 09-8308-LRJ I, the undersigned complainant, being duly sworn, state the following is true and correct to the best of my knowledge and belief. From at least as early as January 18, 2007, through on or about November 3, 2009, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendant, ALFREDO RODRIGUEZ, did corruptly conceal a record, document, or other object, with the intent to impair the object's availability for use in an official proceeding and otherwise corruptly obstructed or impeded an official proceeding, in violation of Title 18 United States Code, Section 1512(c) . I further state that I am a Special Agent with the Federal Bureau of Investigation , and that this Complaint is based on the following facts: Please see attached Affidavit Continued on the attached and made a part hereof. Special t Federal Bureau of lnvestiga Sworn to before me, and subscribed in my presence, upon my finding of probable cause. December ( 2009 at West Palm Beach. Florida City and State LINNEA R. JOHNSON UNITED STATES MAGISTRATE JUD Signature of Judi leer 22 EFTA00179475 AFFIDAVIT , being duly sworn, do state and attest as follows: 1. I am a Special Agent with the Federal Bureau of Investigation (FBI) and have been so employed for three (3) months. I am currently assigned to the Safe Streets Task Force, Miami Field Division, FBI Squad PB-2. Prior to joining the Miami Field Division, I attended the FBI Academy in Quantico, Virginia, for five (5) months where I received training in federal criminal laws and investigation techniques, including the laws related to obstruction of justice. 2. This affidavit is based upon my own personal knowledge of the facts and circumstances surrounding the investigation, and information provided to me by other law enforcement officers. This affidavit does not purport to contain all the information known to me about this case but addresses only that information necessary to support a finding of probable cause for the issuance of a criminal complaint charging Alfredo Rodriguez with obstruction of official proceedings, in violation of Title 18, United States Code, Section 1512(c). 3. On October 27, 2009, agents of the FBI met with and interviewed a cooperating witness M. The ■ reported that, while conducting discovery in a pending civil case before the United States District Court for the Southern District of Florida, he came into contact with Alfredo Rodriguez ("Rodriguez"), who was a subpoenaed witness in the civil case. 4. Rodriguez had been interviewed by FBI agents on January 18, 2007, in connection with a federal criminal investigation into the sexual exploitation of minors. Prior EFTA00179476 to being interviewed by FBI, Rodriguez had also been contacted and interviewed by local police detectives, and had been asked to produce documents related to the criminal investigation. The civil litigation involving the i related to civil damages claims made by victims of the criminal activity that formed the basis of the state and federal criminal investigations. 5. The • explained to agents that Rodriguez had been deposed under oath on two occasions. The first deposition occurred on July 27, 2009, and the second deposition was conducted on August 9, 2009. In connection with those depositions, Rodriguez was served with a subpoena duces tecum that called for the production of several types of documentary evidence. The ■ was present for both depositions and Rodriguez testified that he had no documents responsive to the subpoena duces tecum. 6. In August 2009, after the conclusion of the second deposition, the ■ received a phone call from Rodriguez. Rodriguez informed the t that he had additional information that he had not previously disclosed to any law enforcement agency or any of the civil attorneys. Rodriguez described the information as, the Holy Grail or Golden Nugget and explained that he had compiled lists of additional victims in the case and their contact information. Rodriguez explained that the information contained hundreds of additional victims and their phone numbers from diverse geographic locations, including New York, New Mexico, and Paris, France. 7. Rodriguez asked the ■ to pay him $50,000.00 and, in return, Rodriguez would turn over the documents relating to the victims. In his initial and subsequent 2 EFTA00179477 communications with Rodriguez, the ■ explained to Rodriguez that he was under subpoena to turn over such information and that it would be illegal for Rodriguez to demand money for turning over the information. Rodriguez persisted that he would only turn over the information in his possession in exchange for $50,000.00. 8. On October 28, 2009, in a consensually-monitored phone call, the ■ telephoned Rodriguez. Rodriguez again indicated that he would not turn over the information relating to the additional victims without monetary compensation. Rodriguez was told that an associate of the. would be in touch with him regarding the information and exchange. The associate that the I referred to was, in fact, an undercover employee (UCE) of the FBI. 9. On October 29, 2009, the FBI UCE contacted Rodriguez via telephone. Rodriguez again explained that he would only turn over the information in exchange for monetary compensation. The UCE advised Rodriguez that it would take several days to acquire the funds and that once the funds were obtained, he/she would contact Rodriguez. During the conversation, Rodriguez admitted that he knew that the information was relevant to the FBI's criminal investigation and was called for by the investigation. Rodriguez explained that he had not turned over the information to the FBI because: (1) it was his "property" and he should be compensated for it; and (2) he was afraid that the target of the investigation would make him "disappear" or otherwise harm him, and the information was his "insurance policy." 10. On November 2, 2009, the UCE made contact with Rodriguez via telephone. 3 EFTA00179478 In that conversation, Rodriguez and the UCE continued the discussion regarding the purchase of the documents and scheduled a meeting for the following day. 11. On November 3, 2009, Rodriguez met with the UCE at a predetermined location. During the meeting, Rodriguez produced a small bound book and several sheets of legal pad paper containing hand written notes. Rodriguez explained that he had taken the bound book from his former employer's residence while employed there in 2004 to 2005 and that the book had been created by persons working for his former employer. Rodriguez discussed in detail the information contained within the book, and identified important information to the UCE. In addition, Rodriguez admitted he had previously lied to FBI. Rodriguez asked the UCE about the $50,000.00, took possession of the money, and began counting it. 12. Rodriguez was then detained for Obstruction of Official Proceedings, Title 18, U.S. Code, Section 1512(c), and questioned. After Miranda warnings were administered by agents, Rodriguez waived his rights and signed a written waiver of those rights. Rodriguez admitted that he had the documents and book in his possession and had never turned them over to local law enforcement or the FBI. In addition, Rodriguez advised he had witnessed nude girls whom he believed were underage at the pool area of his former employer's home, knew that his former employer was engaging in sexual contact with underage girls, and had viewed pornographic images of underage girls on computers in his employer's home. Rodriguez was then released from custody for further investigation. 13. The items that Rodriguez had attempted to sell to the UC for $50,000.00 4 EFTA00179479 were reviewed by an agent familiar with the underlying criminal investigation. As Rodriguez had described, the items contained information material to the underlying investigation that would have been extremely useful in investigating and prosecuting the case, including the names and contact information of material witnesses and additional victims. Had those items been produced in response to the inquiries of the state law enforcement officers or the FBI Special Agents, their contents would have been presented to the federal grand jury. Based upon the foregoing, your affiant believes that probable cause exists to believe that, from at least as early as January 18, 2007 through on or about November 3, 2009, in Palm Beach County, in the Southern District of Florida, and elsewhere, Alfredo Rodriguez did corruptly conceal a record, document, or other object, with the intent to impair the object's availability for use in an official proceeding and otherwise corruptly obstructed or impeded an official proceeding, in violation of Title 18, United States Code, Section 1512(c). FURTHER YOUR AFFIANT SAYETI I NAUGHT. CI ENT FEDERAL BUREAU OF VES ATION Sworn to and subscribed before me this / day of December, 2009. 5 EFTA00179480 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 09-8308-LRJ UNITED STATES OF AMERICA vs. ALFREDO RODRIGUEZ, Defendant. / CRIMINAL COVER SHEET 1. Did this matter originate from a matter pending in the Northern Region of the United States Attorney's Office prior to October 14, 2003? Yes X No 2. Did this matter originate from a matter pending in the Central Region of the United States Attorney's Office prior to September 1, 2007? Yes X No Respectfully submitted, By: ACTING UNI STATES ATTORNEY Assistant Unitedi torney Florida Bar No. 500 East Broward Boulevard, 7th Floor Ft Lauderdale, FL 33394 Telephone: Facsimile: ann.marie.c.villafana©usdoj.gov EFTA00179481 P53-Sh0rti0101 u2/.ax) CONFIDENTIAL NOT TO BE READ BY AGENTS: This report is provided for the purpose of BAIL DETERMINATION ONLY and shall othervAse be confidential pursuant to: 18 USC 3153(c)(1). AUSA DEFENSE COUNSEL FOR COURTROOM USE ONLY RETURN TO PRETRIAL SERVICES OFFICER IMMEDIATELY AFTER F'EARING MUST NOT BE TAKEN OUT OF COURTROOM ABBREVIATED PRETRIAL SERVICES REPORT SOUTHERN DISTRICT OF FLORIDA/WPB JUDICIAL OFFICER: THE HONORABLE U.S. MAGISTRATE JUDGE DOCKET NUMBER: NAME: X/ R t S ed AziA 1.j Wooer/ COURT NAME: Firearms in residence: Yes TIME AT ADDRESS: /6) ti JS CHARGE(S): DEFENDANT Vicious animals: YeI No TIME IN SD/FL: /-7yrs ELL PHONE: RESIDES WITH: DEFT. TELEPHONI! TELEPHONE NUMBER: EMPLOYER/SCHOOL AND ADDRESS: FT/PT LENGTH OF TIME UNEMPLOYED: MONTHLY INCOME: TIME EMPL/SCHOOL: REN YTG CIRCLE ONE: C(OWt•17-4/YING) (RENTING) (NO CONTRIBUTION) (UNKNOWN) 7,.5 tVIC) DEFENDANT HISTORY DUE TO TIME CONSTRAINTS, THE FOLLOWING ABBREVIATED PRETRIAL SERVICES REPORT WAS PREPARED FOR YOUR HONOR'S CONSIDERATION. THE FOLLOWING INFORMATION IS UNVERIFIED, EXCEPT WHERE NOTED. DEFENDANT HISTORY RESIDENCE / FAMILY TIES: CITIZENSHIP: FOREIGN TRAVEL (PASTS YEARS / No where: Whcrc: PLACE OF BIRTH: RACE/SEX: PRIMARY LANG: c - X1.44611 IMMIGRATION STATUS: rt //V iirl:litoW41:13:irn rt. rriftra Oda When: When: OTHER/ PRIOR RESIDENCES (Including other states or countries) DATES I IVED WITH WHOM EFTA00179482 FAMILY AND FRIENDS NAME RELATIONSHIP ADDRESS. TELEPHONE NUMBER FREQUENCY OF CON IACF CURRENT MARITAL STATUS: (MARRIED) (DIVOR NAME OF SPOUSE OR ADDRESS: NAME OF EX•SPOUSE ADDRESS FREQUENCY OF CONTACT SUPPORT YES/NO AMT/FREQ. NAME/AGE OF CHILDREN EDUCATIONAL HISTORY: HIGHEST LEVEL OF EDUCATION (HIGH SCHOOL DIPLOMA) (NO HIGH SCHOOL DIPLOMA / GED) (VOCATIONAL/APPRENTICE GRADUATE) (ASSOCIATE'S DEGREE) (BACHELOR'S DEGREE) (MASTER'S DEGREE) (DOCTORATE) (UNKNOWN) LAST GRADE/CREDIT COMPLETED ANII/OR EFTA00179483 MILITARY EXPERIENCE (ACTIVE AND/OR RESERVE DUTY): PRESENT EMPLOYMENT: (UNKNOWN) N MPLOYED) NAME AND ADDRESS: PRESENT LENGTH OF TIME EMPLOYED: PREVIOUS EMPLOYMENT DATES/NAME OF EMPLOYER ADDRESS OF EMPLOYER JOB DESCRIPTION/SALARY 4 t. n_ FINANCES ASSETS (INCLUDING VALUES) LIABILITIES/DEBTS (INCLUDING RENT/MORTGAGE) HEALTH: PHYSICAL HEALTH: (NONE) (UNKNOWN) (MINOR MEDICAL ONLY) (SIGNIFICANT MEDICAL UNDER CONTP.OL) (RECURRENT MEDICAL) (UNCONTROLLED SIGNIFICANT DISORDER) (EVALUATION OR TX IN PROGRESS) MEDICAL ILLNESSES/CONDITIONS MEDICATIONS SPECIFIC TREATMENT 3 EFTA00179484 MENTAL HEALTH PROBLEMS: (NONE) (UNKNOWN) (HISTORY/NON-ACTIVE) (CURRENT/ON-GOING) DIAGNOSIS DATES MEDICATIONS TREATMENT SUBSTANCE ABUSE HISTORY: (NONE) (PAST) (CURRENT) TYPE OF SUBSTANCE Age use began LAST USE FREQUENCY TREATMENT: (None) (In-patient) (Out-patient) 6. PRIOR RECORD: N ECK CONDUCTED THROUGH THE• LOCAL, STATE AND FEDERAL DATABASES REVEALED: NO PRIOR ARREST HISTORY. SEE ATTACHED RECORD. PENDING 7. OFFENSE CHARGED AND CIRCUMSTANCES OF THE ARREST: THE DEFENDANT IS PRESENT BEFORE YOUR HONOR TODAY FOR AN L APPEARANCE BASED ON THE ABOVE NOTED CHARGES. NO FURTHER INFORMATION IS AVAILABLE REGARDING THE CIRCUMSTANCES OF THE ARREST. 8. ASSESSMENT OF NONAPPEARANCE AND DANGER: AN ASSESSMENT HAS NOT BEEN MADE DUE TO TIME CONSTRAINTS. 9. RECOMMENDATION: A BOND RECOMMENDATION IS WITHHELD AT THIS TIME. U.S. DATE: 9 ' a , 1 TIME OF INTERVIEW: EFTA00179485