Case 3:97-cr LAB Document 19 Filed 11/26/02 Page 1 of 35

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1 Case :-cr-0-lab Document Filed //0 Page of 0 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA August 0 Grand Jury UNITED STATES OF AMERICA, ) Criminal Case No. CRK ) Plaintiff, ) l.njd. IME-NT ) (th Superseding) v. ) ) Title, U.S.C., Sec. (c) BENJAMIN ARELLANO-FELIX (), ) Conducting the Affairs of an aka El Senor, ) Enterprise Through Pattern of aka El Min, ) Racketeering Activity; Title, aka, ) U.S.C., Sec. (d) - Conspiracy aka -, ) to Conduct Enterprise Affairs aka MK, ) Through Pattern of Racketeering aka Licenciado Sanchez, ) ActivitYi Title, U.S.C., aka Licenciado Alegria, ) Secs., 0, and EDUARDO ARELLANO-FELIX (), ) Conspiracy to Import a Controlled aka El Doctor, ) Substance; Title, U.S.C., aka El Walin, ) Secs. (a) () and aka El Profe, ) Conspiracy to Distribute a aka El Abuelito, ) Controlled Substance; Title, aka, ) U.S.C., Secs. (a) and JAVIER ARELLANO-FELIX (), ) (h) - Conspiracy to Launder aka El Tigrillo, ) Monetary Instruments; Title, MANUEL AGUIRRE-GALINDO (), ) U.S.C., Sec. - Aiding and aka El Caballo, ). Abetting; Title, U.S.C., aka A-, ) Sec. and Title, U.S.C., aka El Meno, ) Secs. (a) (), (b) () and aka El Galan, ) (a) - Criminal Forfeiture aka El Promotor, ) JESUS LABRA-AVILES (), ) aka Chuy Labra, ) aka Don Chuy, ) aka Chulitio, ) aka, ) ) LED/JDK:nlv:San Diego //0 \

2 Case :-cr-0-lab Document Filed //0 Page of 0 ISMAEL HIGUERA-GUERRERO (), ) aka El Mayel l ) aka Clave Privada, ) aka Pluma-Blanca l ) aka La Senora I ) aka 0 ) aka - ) GILBERTO HIGUERA-GUERRERO (), ) aka El Gil, ) aka Gil, ) aka Gilillo, ) aka, ) EFRAIN PEREZ (), ) aka Efr.a, ) aka, ) JORGE AURELIANO-FELIX (), ) aka Macumba, ) RIGOBERTO YANEZ (0), ) aka Primo, ) aka Primo Pedro, ) ARMANDO MARTINEZ-DUARTE (), ) aka El Loco Duarte, ) ) Defendants. ) ) The grand jury charges: Count THE RACKETEERING SUBSTANTIVE OFFENSE. Beginning in or about the year, and continuing up to and including November, 0, within the Southern District of California and elsewhere, defendants BENJAMIN ARELLANO-FELIX, aka El Senor, aka El Min, aka, aka -, aka MK, aka Licenciado Sanchez, aka Licenciado Alegria, EDUARDO ARELLANO-FELIX, aka El Doctor, aka El Walin, aka El Profe, aka El Abuelito, aka, JAVIER ARELLANO-FELIX, aka El Tigrillo, MANUEL AGUIRRE-GALINDO, aka El Caballo, aka A- aka El Meno, aka El Galan, JESUS LABRA-AVILES, aka Chuy Labra, aka Don Chuy, aka Chulitio, aka ISMAEL HIGUERA-GUERRERO, aka El Mayel l aka Clave Privada, aka Pluma-Blanca, aka 0, aka - GILBERTO HIGUERA-GUERRERO, aka El Gil, aka Gil, aka Gilillo l aka, EFRAIN PEREZ, aka Efra, aka, JORGE AURELIANO-FELIX, aka Macumba l RIGOBERTO

3 Case :-cr-0-lab Document Filed //0 Page of 0 YANEZ, aka Primo, aka Primo Pedro, and ARMANDO MARTINEZ-DUARTE, aka El Loco Duartei co-conspirators Ramon Arellano-Felix, Everardo Arturo Paez-Martinez, David Barron-Corona; and others known and unknown to the grand jury, being employed by and associated with the Enterprise, (as defined below), which Enterprise was engaged in, and the activities of which affected interstate and foreign commerce, did knowingly and intentionally conduct and participate, directly and indirectly, in the conduct of the Enterprise's affairs through a pattern of racketeering activity, as defined by Title, United States Code, Sections {) and (), and as described in paragraph of this Count. THE ENTERPRISE. At various times material to this indictment: a. Defendants BENJAMIN ARELLANO-FELIX, EDUARDO ARELLANO FELIX, JAVIER ARELLANO-FELIX, MANUEL AGUIRRE-GALINDO, JESUS LABRA AVILES, ISMAEL HIGUERA-GUERRERO, GILBERTO HIGUERA-GUERRERO, EFRAIN PEREZ, JORGE AURELIANO- FELIX, RIGOBERTO YANEZ, ARMANDO MARTINEZ-DUARTE (collectively "Defendants"), and others known and unknown, were members and associates of the Arellano-Felix Organization (hereinafter "AFO"), a criminal organization whose members and associates engaged in: () the illegal trafficking of narcotics, including but not limited to cocaine and marijuanai () the laundering of drug proceeds gained from the AFO's drug trafficking activities; () the kidnaping, torture and murder of informants, rival traffickers, uncooperative law enforcement, and other perceived "enemies" of the AFOi and () the systematic bribing of Mexican law enforcement and military personnel. II

4 Case :-cr-0-lab Document Filed //0 Page of b. The AFO operated principally in the cities of Tijuana and Mexicali, Baja California Norte, Republic of Mexico, although the AFO's operations extended into southern Mexico, as well as Colombia and the United States. c. The AFO, including its leadership, membership and associates, constituted an "Enterprise, II as defined by Title, United States Code, Section () (hereinafter "the Enterprise"), that is, a group of individuals associated in fact. The Enterprise 0 constituted an ongoing organization whose members functioned as a continuing unit for a common purpose of achieving the objectives of the Enterprise. This enterprise was engaged in, and its activities affected, interstate and foreign commerce. OBJECTIVES OF THE ENTERPRISE. The objectives of the Enterprise included the following: a. Enriching members and associates of the Enterprise through the importation and distribution of illegal drugs in the United States. b. Preserving and protecting the Enterprise's control over the Tijuana and Mexicali "plaza," or drug-trafficking marketplace, through the use of intimidation, threats of violence, and violence, including kidnaping, torture and murder. c. Keeping rival traffickers, potential informants and witnesses, Mexican law enforcement, the Mexican media, and the Mexican public-at-iarge in fear of the Enterprise, and in fear of its members and associates through threats of violence and violence. d. Promoting and enhancing the Enterprise and its members' and associates' activities.

5 Case :-cr-0-lab Document Filed //0 Page of ORGANIZATIONAL STRUCTURE OF THE ENTERPRISE. The Enterprise operated within a well-defined hierarchical structure, with defendants BENJAMIN ARELLANO-FELIX, EDUARDO ARELLANO FELIX, JAVIER ARELLANO-FELIX I MANUEL AGUIRRE-GALIND0 and JESUS LABRA AVILES, along with deceased Enterprise member Ramon Arellano-Felix serving as the top leadership of the Enterprise i defendant ISMAEL 0 HIGUERA-GUERRERO serving as the top lieutenant of the Enterprise, and defendants GILBERTO HIGUERA-GUERRERO, EFRAIN PEREZ, JORGE AURELIANO FELIX, RIGOBERTO YANEZ, and ARMANDO MARTINEZ-DUARTE serving as secondlevel managers of the Enterprise, answerable to defendant ISMAEL HIGUERA-GUERRERO. ROLES OF THE DEFENDANTS. The defendants participated in the operation and management of the Enterprise. At various times material to this Indictment, the defendants had the following roles in the Enterprise: a. Defendant BENJAMIN ARELLANO-FELIX was principal organizer and top leader of the Enterprise, and had the ultimate decision-making authority over all major Enterprise decisions, including the organization and transportation of shipments of drugs into the United States, distribution operations in the United States, and enforcement activities undertaken by members of the Enterprise. b. Defendant EDUARDO ARELLANO-FELIX was the senior advisor to defendant BENJAMIN ARELLANO-FELIX, and was involved in, and consulted about, all major Enterprise decisions, including the organization and transportation of drug shipments into the United States, distribution operations in the United States, and the kidnaping and murder of Enterprise "enemies." / /

6 Case :-cr-0-lab Document Filed //0 Page of 0 c. Defendant JAVIER ARELLANO-FELIX participated in most maj or Enterprise decisions, acted as defendant BENJAMIN ARELLANO- FELIX's representative at meetings defendant BENJAMIN ARELLANO-FELIX was unable to attend, and was put in charge of the Enterprise's Tijuana and Mexicali operations after the arrest of defendant ISMAEL HIGUERA-GUERRERO in May of 00. d. Defendant MANUEL AGUIRRE-GALINDO participated as a "senior partner ll in the Enterprise. As suchl he: () regularly participated in major Enterprise decisions l including decisions to murder Enterprise "enemiesjll () used his extensive connections with Colombian cocaine sources to arrange for the shipment of cocaine to the Enterprise j and () used his law enforcement and military contacts to provide protection for the Enterprise I s leadership and drug shipments. e. Defendant JESUS LABRA-AVILES so participated as a "senior partner ll in the Enterprise. As suchl he: () regularly participated in major Enterprise decisions; () used his connections with Colombian cocaine suppliersl and Mexican marijuana suppliers l to arrange for the shipment of these drugs to the Enterprise j and () used his own network of law enforcement and military contacts to provide protection for the Enterprise I s leadership and drug shipments. f. Defendant ISMAEL HIGUERA-GUERRERO participated as the Enterprise/s top lieutenant I answerable to defendant BENJAMIN ARELLANO-FELIX and responsible for the Enterprise's day-to day operations throughout Mexico l including the receipt of large shipments of cocaine and marijuana, and the importation of those drugs into the United States. Defendant ISMAEL HIGUERA-GUERRERO was so responsible for the collection of Enterprise drug trafficking proceeds I the

7 Case :-cr-0-lab Document Filed //0 Page of "policing" of the Tijuana "plaza," and the kidnaping, torture and murder of Enterprise "enemies." g. Defendant GILBERTO HIGUERA-GUERRERO, acting under the direction of his brother, defendant ISMAEL HIGUERA-GUERRERO, was responsible for supervising the Enterprise's Mexicali, Mexico, operations. Defendant GILBERTO HIGUERA-GUERRERO's responsibilities 0 included: () the receipt of drug shipments from Tijuana and elsewhere in Mexico; () the importation of those drugs into the United States through the Mexicali Port of Entry; () the "policing" of the Mexicali "plaza;" and () the kidnaping, torture and murder of the AFO Enterprise II enemies II operating in Mexicali, Mexico. h. Defendant EFRAIN PEREZ, acting under the direction of defendant ISMAEL HIGUERA-GUERRERO, was primarily responsible for: () organi zing the Enterprise's receipt of large drug shipments; () supervising the importation of those drugs into the United States through the Tijuana Ports of Entry; and () working closely with defendant ISMAEL HIGUERA-GUERRERO in the Enterprise's enforcement activities in Tijuana and Ensenada, Mexico. i. Defendant JORGE AURELIANO-FELIX, acting under the direct supervision of defendant EFRAIN PEREZ, was responsible for: () ensuring the safety of drugs stored in Tijuana prior to their importation into the United States; and () for taking delivery of, and accounting for, proceeds generated from the Enterprise's illegal drug trafficking activities. j. Defendant RIGOBERTO YANEZ acted as the Enterprise's primary representative in Mexico City, Mexico. As such, he: () served as the initial point of contact for colombian traffickers wishing to do business with defendant ISMAEL HIGUERA-GUERRERO;

8 Case :-cr-0-lab Document Filed //0 Page of 0 () transmitted money to Colombian drug traffickers; () supervised the receipt of drug shipments that arrived outside of the Baja California, Mexico, area, and the transportation of those drugs to the Tijuana and/or Mexicali areas; and () had primary responsibility for the kidnaping and murder of Enterprise "enemies" in Mexico City. k. Defendant ARMANDO MARTINEZ DUARTE, a former highranking Mexican law enforcement official in Mexicali, Mexico, acted as the Enterprise's "chief of security" and "chief enforcer" in the Mexical i area. Defendant ARMANDO MARTINEZ-DUARTE was responsible for: () protecting Enterprise activities in Mexicali from interference by i Mexican law enforcement; and () under the direction of defendant GILBERTO HIGUERA-GUERRERO, for supervising the kidnaping, torture and murder of Enterprise's "enemies" in the Mexicali area. METHOD AND MEANS OF THE ENTERPRISE. Defendants and their associates used the following method and means, among others, to conduct and participate in the conduct of the affairs of the enterprise: a. Defendants, along with other members of the Enterprise, negotiated with Colombian cocaine suppliers, including a Colombian guerrilla group, to arrange for the purchase and transportation of multi-ton shipments of cocaine from Colombia to Mexico; b. Defendants, along with other members of the Enterprise, arranged for the transmission of U.s. dollars, in the form of cashier's checks, wire transfers, and bulk cash shipments, to Colombia to pay for these multi ton cocaine shipments; / / / /

9 Case :-cr-0-lab Document Filed //0 Page of c. Defendants, along with other members of the Enterprise, also negotiated with Mexican marijuana suppliers in the interior of Mexico to arrange for the purchase of multi-ton shipments of marijuanaj 0 d. Defendants, along with other members of Enterprise, received large shipments of cocaine in Mexico, from Colombia, via commercial fishing boats, private planes, commercial airliners, and cargo shipments; e. Defendants, along with other members of the Enterprise, transported large loads of cocaine and marijuana overland by convoys of vehicles, or hidden in large commercial trucks, through Mexico, to locations along the Mexico/California borderi f. Defendants, along with the other members of the Enterprise, smuggled cocaine and marijuana into the United States by various methods, including the trunks of vehicles, secret compartments located inside personal and commercial vehicles, helicopters, backpackers, and small boats; g. Defendants, along with other members of the Enterprise, obtained vehicles to be used as load vehicles to transport drugs and cash, and recruited and paid individuals to drive these vehicles; h. Defendants, along with other members of the Enterprise, arranged for cocaine and marijuana to be smuggled into the United States, and delivered to their customers in Los Angeles, California, and elsewhere in the United Statesj i. Defendants, along with other members of the Enterprise, arranged for the proceeds of their drug trafficking act ties in the United States to be smuggled across the U.S./Mexican border and into Mexicoj

10 Case :-cr-0-lab Document Filed //0 Page 0 of k. Defendants, along with other members of the Enterprise, systematically bribed Mexican law enforcement and military officials to: () protect the enterprise's leadership and drug shipments; () inform Enterprise members of Mexican and United States law enforcement act ties; () arrest rival drug traffickers; and () seize drug loads belonging to rival traffickers and give those loads to members of the Enterprise;. Defendants, along with other members of the Enterprise, discussed Enterprise affairs and business in person and over 0 communications equipment, using various codes to disguise their identities and the meaning of their conversations; m. Defendants, along with other members of the Enterprise, obtained and used armored vehicles that were speci ly equipped with guns, bulletproof glass, oil, nail or smoke dispensers, and other sophisticated equipment to be used to attack or evade Mexican law enforcement and rival drug traffickers; n. Defendants, along with other members of the Enterprise, obtained houses and other locations in Mexico and the United States which they used to store drugs, guns, money, and armored vehicles, and as bases for their operations; o. Defendants, along with other members of the Enterprise, operated houses known as "nests" or "caves" which were used to conduct wiretaps and to monitor the communications of members of the enterprise, rival drug traffickers, and Mexican law enforcement officials in order to monitor their activities and obtain information useful to the Enterprise; II 0

11 Case :-cr-0-lab Document Filed //0 Page of 0 p. Defendants, along with other members of the Enterprise, would obtain, transport, carry and use weapons and ammunition in order to further the affairs of the Enterprise; q. Defendants, along wi th other members of the Enterprise, obtained military and law enforcement uniforms and credentials that were used by Enterprise members furtherance of their drug trafficking activit r. Defendants, along with other members the Enterprise, recruited, organized, and trained groups of bodyguards and assassins who would protect the Enterprise leaders and conduct assassinations of Enterprise "enemiesi" s. Defendants I along with other members the Enterprise, enforced various rules of the Enterprise, such as the prohibition against cooperating with law enforcement, and would punish and murder other members of the Enterprise who violated the rules in order to promote discipline, punish disobedient members, and make examples those who disobeyed the rules of the Enterprise; t. Defendants, along with other members of the Enterprise, organized and directed the kidnaping, torture and murder of the Enterprise "enemies" in Mexico and the United States, including rival drug traffickers, suspected cooperators I uncooperative law enforcement or military personnel, and members of the Mexican news media who printed stories unfavorable toward the Enterprise. THE PATTERN OF RACKETEERING. The pattern of racketeering activity, as defined in Title, United States Code, Sections () and (), consisted of the following acts: / /

12 Case :-cr-0-lab Document Filed //0 Page of 0 Racketeering Act No. (Conspiracy to Import Controlled Substances) Beginning in or about the year, and continuing up to and including November, 0, within the Southern District of California and elsewhere, defendants BENJAMIN ARELLANO-FELIX, EDUARDO ARELLANO-FELIX, JAVIER ARELLANO-FELIX, MANUEL AGUIRRE-GALINDO, JESUS LABRA-AVILES, ISMAEL HIGUERA-GUERRERO, GILBERTO HIGUERA-GUERRERO, EFRAIN PEREZ, JORGE AURELIANO- FELIX, RIGOBERTO YANEZ, and ARMANDO MARTINEZ-DUARTE, did knowingly and intentionally conspire with each other, and other persons known and unknown to the grand jury, to import controlled substances, including 00 grams and more of cocaine, a Schedule II Controlled Substance, and 00 kilograms and more of marijuana, a Schedule I Controlled Substance, into the United States from a place outside thereof; in violation of Title, United States Code, Sections, 0, and. Racketeering Act No. (Conspiracy to Distribute Controlled Substances) Beginning in or about the year, and continuing up to and including November, 0, within the Southern District of California and elsewhere, defendants BENJAMIN ARELLANO-FELIX, EDUARDO ARELLANO-FELIX, JAVIER ARELLANO FELIX, MANUEL AGUIRRE-GALINDO, JESUS LABRA-AVILES, ISMAEL HIGUERA-GUERRERO, GILBERTO HIGUERA-GUERRERO, EFRAIN PEREZ, JORGE AURELIANO-FELIX, RIGOBERTO YANEZ, and ARMANDO MARTINEZ-DUARTE, did knowingly and intentionally conspire with each other, and other persons known and unknown to the grand jury, to distribute controlled substances, including 00 grams and more of cocaine, a Schedule II Controlled Substance, and 00 kilograms and more of marijuana, a Schedule I Controlled Substance; in violation of Title, United States Code, Sections (a) () and. Racketeering Act No. (Conspiracy To Launder Drug Proceeds) Beginning in or about the year, and continuing up to and including November, 0, within the Southern District of California and elsewhere, defendants BENJAMIN ARELLANO FELIX, EDUARDO ARELLANO FELIX, JAVIER ARELLANO-FELIX, MANUEL AGUIRRE-GALINDO, JESUS LABRA-AVILES, ISMAEL HIGUERA-GUERRERO, GILBERTO HIGUERA-GUERRERO, EFRAIN PEREZ, JORGE AURELIANO-FELIX, RIGOBERTO YANEZ, and ARMANDO MARTINEZ-DUARTE, did knowingly and intentionally conspire and agree with each other, and with other persons known and unknown to the grand jury, to: (a) conduct a financial transaction affecting interstate and foreign commerce, knowing that the property involved in the financial transaction represented the proceeds of some form of unlawful activity, which in fact involved the proceeds of specified unlawful activity, that is, the felonious manufacture, importation, receiving, concealment, buying, selling and otherwise dealing in a controlled substance, punishable under the laws of the United States: () with the intent to promote the carrying on of specified unlawful activity; and () knowing that the transaction was designed, in whole or in

13 Case :-cr-0-lab Document Filed //0 Page of 0 part, to conceal and disguise the nature, the location, the source, the ownership, and the control of the proceeds of specified unlawful activity, in violation of Title, United States Code, Sections (a) () (A) (i) and (B) (i); and (b) knowingly transport, transmit, and transfer monetary instruments and funds from a place in the United States to and through a place outside the United States and to a place in the United States from and through a place outside the United States: () with the intent to promote the carrying on of specified unlawful activity; and () knowing that the monetary instruments and funds involved in the transportation, transmission and transfer represent the proceeds of some form of unlawful activity and knowing that such transportation, transmission, and transfer was designed in whole or in part to conceal and disguise the nature, the location, the source, the ownership, and the control, of the proceeds of specified unlawful activityi in violation of tle, United States Code, Sections and (a) () (A) and (B) (i). All in violation of Title, United States Code, Section (h). TIJUANA BASED TRAFFICKING OPERATIONS - Racketeering Acts No. - Racketeering Act No. (Importation of Cocaine) On or about October, 0, in Otay Mesa, California, within the Southern District of California, defendants BENJAMIN ARELLANO-FELIX, and EDUARDO ARELLANO-FELIX, and ISMAEL HIGUERA GUERRERO, did knowingly and intentionally import 00 grams and more of cocaine, a Schedule II Controlled Substance, into the United States from a place outside thereof; in violation of Title United States Code, Sections and Title United States Code, Section. Racketeering Act NO. (Possession With Intent to Distribute Cocaine) The defendants, BENJAMIN ARELLANO-FELIX, EDUARDO ARELLANO-FELIX I JAVIER ARELLANO-FELIX I ISMAEL HIGUERA-GUERRERO I MANUEL AGUIRRE-GALINDO, JESUS LABRA-AVILES, and which alone constitutes Racketeering Act Five: committed the following acts, either one of (a.) On or about June,, in Imperial Beach, California, within the Southern District of California, defendants BENJAMIN ARELLANO-FELIX, EDUARDO ARELLANO-FELIX I JAVIER ARELLANO-FELIX, MANUEL AGUIRRE-GALINDO I JESUS LABRA-AVILES, and ISMAEL HIGUERA-GUERRERO, did knowingly and intentionally possess with intent to distribute 00 grams and more of cocaine, a Schedule II Controlled Substance; in violation of Title, United States Code, Section (a) () I and Title, United States Code, Section.

14 Case :-cr-0-lab Document Filed //0 Page of 0 (b.) On or about June,, in National City, California, within the Southern Dist of California, defendants BENJAMIN ARELLANO-FELIX, EDUARDO ARELLANO FELIX, JAVIER ARELLANO-FELIX, MANUEL AGUIRRE-GALINDO, JESUS LABRA-AVILES, and ISMAEL HIGUERA-GUERRERO, did knowingly and intentionally possess with intent to distribute 00 grams and more of cocaine, a Schedule II Controlled Substance; in violation of Title, United States Code, Section (a) (), and Title, United States Code, Section. Racketeering Act No. (Possession With Intent To Distribute Cocaine) The defendants BENJAMIN ARELLANO-FELIX, EDUARDO ARELLANO-FELIX, JAVIER ARELLANO-FELIX, and ISMAEL HIGUERA-GUERRERO, committed the following acts, anyone of which alone constitutes Racketeering Act Six: (a.) On or about July,, in Los Angeles, California, defendants BENJAMIN ARELLANO-FELIX, EDUARDO ARELLANO-FELIX, JAVIER ARELLANO-FELIX, and ISMAEL HIGUERA-GUERRERO, possessed with intent to distribute 00 grams and more of cocaine, a Schedule II Controlled Substance i in violation of Title, United States Code, Section (a) (), and Title, United States Code, Section. (b.) On or about July,, in Tustin, California, defendants BENJAMIN ARELLANO-FELIX, EDUARDO ARELLANO-FELIX, JAVIER ARELLANO FELIX, and ISMAEL HIGUERA-GUERRERO, possessed with intent to distribute 00 grams and more of cocaine, a Schedule II Controlled Substance; in violation of Title, United States Code, Section (a) (), and Title, United States Code, Section. (c.) On or about August,, in Fontana, California, defendants BENJAMIN ARELLANO FELIX, EDUARDO ARELLANO FELIX, JAVIER ARELLANO FELIX, and ISMAEL HIGUERA-GUERRERO, possessed with intent to distribute 00 grams and more of cocaine, a Schedule II Controlled Substance; in violation of Title, United States Code, Section (a) (), and Title, United States Code, Section. (d.) On or about August,, in Fontana, California, defendants BENJAMIN ARELLANO-FELIX, EDUARDO ARELLANO-FELIX, JAVIER ARELLANO FELIX, and ISMAEL HIGUERA-GUERRERO, possessed with intent to distribute 00 grams and more of cocaine, a Schedule II Controlled Substance; in violation of Title, United States Code, Section (a) (), and tie, United States Code, Section. / / / / / /

15 Case :-cr-0-lab Document Filed //0 Page of S 0 IS S Racketeering Act No. (Possession With Intent To Distribute Cocaine) On or about October,, in Fontana, California, defendants BENJAMIN ARELLANO-FELIX, EDUARDO ARELLANO-FELIX, JAVIER ARELLANO FELIX, and ISMAEL HIGUERA-GUERRERO, possessed with intent to distribute 00 grams and more of cocaine, a Schedule II Controlled Substance; in violation of Title, United States Code, Section S(a) (), and Title IS, United States Code, Section. Racketeering Act No. S (Possession With Intent To Distribute Cocaine) On or about November,, in Jefferson City, Missouri, defendants BENJAMIN ARELLANO FELIX, EDUARDO ARELLANO-FELIX, JAVIER ARELLANO-FELIX, possessed with intent to distribute 00 grams and more of cocaine, a Schedule I I Controlled Substance; in violation of Title, United States Code, Section S(a) (), and Title IS, United States Code, Section. Racketeering Act No. (Importation of Cocaine) On or about February,, in Campo, California, within the Southern District of California, defendants BENJAMIN ARELLANO-FELIX, EDUARDO ARELLANO FELIX, JAVIER ARELLANO FELIX, ISMAEL HIGUERA GUERRERO, EFRAIN PEREZ, and JORGE AURELIANO-FELIX, did knowingly and intentionally import 00 grams and more of cocaine, a Schedule II Controlled Substance, into the United States from a place outside thereof; in violation of Title IS, United States Code, Sections and 0, and Title IS, United States Code, Section. Racketeering Act No. 0 (Importation of,cocaine) On or about February,, in Campo, California, within the Southern District of California, defendants BENJAMIN ARELLANO-FELIX, EDUARDO ARELLANO-FELIX, JAVIER ARELLANO-FELIX, ISMAEL HIGUERA GUERRERO, EFRAIN PEREZ, and JORGE AURELIANO-FELIX, did knowingly and intentionally import 00 grams and more of cocaine, a Schedule II Controlled Substance, into the United States from a place outside thereof; in violation of Title IS, United States Code, Sections and 0, and Title IS, United States Code, Section. Racketeering Act No. (Importation of Cocaine) On or about April,, in Calexico, California, within the Southern District of California, defendants BENJAMIN ARELLANO-FELIX, EDUARDO ARELLANO-FELIX, JAVIER ARELLANO-FELIX and EFRAIN PEREZ did knowingly and intentionally import 00 grams and more of cocaine, a Schedule II Controlled Substance, into the United States from a place outside thereof i in violation of Title IS, Uni ted States Code, Sections and 0, and Title IS, United States Code, Section.

16 Case :-cr-0-lab Document Filed //0 Page of 0 Racketeering Act No. (Importation of Cocaine) On or about May,, in Otay Mesa, California, within the Southern District of California, defendants BENJAMIN ARELLANO-FELIX, EDUARDO ARELLANO-FELIX, JAVIER ARELLANO-FELIX, MANUEL AGUIRRE-GALINDO, JESUS LABRA-AVILES, and ISMAEL HIGUERA-GUERRERO, did knowingly and intentionally import 00 grams and more of cocaine, a Schedule II Controlled Substance, into the United States from a place outside thereofi in violation of Title, United States Code, Sections and 0, and Title, United States Code, Section. Racketeering Act No. (Importation of Cocaine) On or about July,, in San Diego, California, within the Southern District of California, defendants BENJAMIN ARELLANO-FELIX, EDUARDO ARELLANO-FELIX, JAVIER ARELLANO-FELIX, did knowingly and intentionally import 00 grams and more of cocaine, a Schedule II Controlled Substance, into the United States from a place outside thereof; in violation of Title, United States Code, Sections and 0, and Title, United States Code, Section. Racketeering Act No. (Possession With Intent to Distribute Cocaine) On or about July II,, in San Diego, California, within the Southern District of California, defendants BENJAMIN ARELLANO-FELIX, EDUARDO ARELLANO-FELIX, JAVIER ARELLANO-FELIX, did knowingly and intentionally possess with intent to distribute 00 grams and more of cocaine; in violation of Title, United States Code, Section (a) (), and Title United States Code, Section. Racketeering Act No. (Extortion and Laundering of Drug Proceeds) Defendant JESUS LABRA AVILES committed the following acts either l one of which alone constitutes Racketeering Act Fifteen: (a.) In or about February, in Santa Ana, California, at the direction of defendant JESUS LABRA-AVILES, members of an enforcement crew did unlawfully extort money and other property, that is approximately $,000 from another by means of force, fear I and threat, that is to do an unlawful injuryi in violation of California Penal Code Section. (b.) In or about February, defendant JESUS LABRA-AVILES, did knowingly and intentionally transport, transmit and transfer monetary instruments and funds, that is approximately $,000, from a place in the United States, that is Santa Ana, California, to and through a place outside of the United States, that is the Republic of Mexico, with the intent to promote the carrying on of a specified unlawful activity, that is the felonious manufacture, importation, receiving, concealment, buying selling, and otherwise dealing in a controlled

17 Case :-cr-0-lab Document Filed //0 Page of 0 substance, punishable by the law of the United States; in violation of Title, United States Code, Sections (a) () (A), and (). Racketeering Act No. (Extortion and Laundering of Drug Proceeds) Defendant JESUS LABRA AVILES committed the following acts, either one of which alone constitutes Racketeering Act Sixteen: (a.) In or about March, in Santa Ana, California, at the direction of defendant JESUS LABRA-AVILES, members of an enforcement crew did unlawfully extort money and other property, that is approximately $,000, from another by means of force, fear, and threat, that is to do an unlawful injuryi in violation of California Penal Code Section. (b.) In or about March, defendant JESUS LABRA-AVILES, did knowingly and intentionally transport, transmit and transfer monetary instruments and funds, that is approximately $,000, from a place in the United States, that is Santa Ana, California, to and through a place outside of the United States, that is the Republic of Mexico, with the intent to promote the carrying on of a specified unlawful activity, that is the felonious manufacture, importation, receiving, concealment, buying, selling, and otherwise dealing in a controlled substance, punishable by the law of the United States; in violation of Title, United States Code, Sections (a) () (A), and (). MEXICALI BASED TRAFFICKING OPERATIONS - Racketeering Acts No. - Racketeering Act No. (Importation of Cocaine) On or about January,, in Calexico, California, within the Southern District of California, defendants BENJAMIN ARELLANO-FELIX, EDUARDO ARELLANO-FELIX, and JAVIER ARELLANO-FELIX, MANUEL AGUIRRE GALINDO, JESUS LABRA-AVILES, ISMAEL HIGUERA-GUERRERO, and GILBERTO HIGUERA-GUERRERO, did knowingly and intentionally import 00 grams and more of cocaine, a Schedule II Controlled Substance, into the United States from a place outside thereofi in violation of Title, United States Code, Sections and 0, and Title, United States Code, Section. Racketeering Act No. (Distribution With Intent to Unlawfully Import Cocaine) On or about November,, near La Paz, Mexico, defendants BENJAMIN ARELLANO-FELIX, MANUEL AGUIRRE-GALINDO, ISMAEL HIGUERA GUERRERO and GILBERTO HIGUERA-GUERRERO, EFRAIN PEREZ, and RIGOBERTO YANEZ, did knowingly and intentionally distribute 00 grams and more of cocaine, a Schedule II Controlled Substance, intending that it would be imported into the United Statesi in violation of Title, Section (a) (), and Title, United States Code, Section. / /

18 Case :-cr-0-lab Document Filed //0 Page of 0 Racketeering Act No. (Importation of Cocaine) On or about December,, in Calexico, California, within the Southern District of California, defendants BENJAMIN ARELLANO FELIX, EDUARDO ARELLANO-FELIX, and JAVIER ARELLANO-FELIX, MANUEL AGUIRRE-GALINDO, ISMAEL HIGUERA-GUERRERO, and GILBERTO HIGUERA GUERRERO, did knowingly and intentionally import 00 grams and more of cocaine, a Schedule II Controlled Substance, into the United States from a place outside thereof; in violation of Title, United States Code, Sections and 0, and Title, United States Code, Section. Racketeering Act No. (Importation of Cocaine) On or about March,, in Calexico, California, within the Southern District of California, defendants BENJAMIN ARELLANO-FELIX, EDUARDO ARELLANO-FELIX, JAVIER ARELLANO-FELIX, MANUEL AGUIRRE-GALINDO, ISMAEL HIGUERA-GUERRERO and GILBERTO HIGUERA-GUERRERO, did knowingly and intentionally import 00 grams and more of cocaine, a Schedule II Controlled Substance, into the United States from a place outside thereof; in violation of Title, United States Code, Sections and 0, and Title, United States Code, Section. Racketeering Act No. (Importation of Cocaine) On or about July,, in Calexico, California, within the Southern District of California, defendants BENJAMIN ARELLANO-FELIX, EDUARDO ARELLANO-FELIX, JAVIER ARELLANO-FELIX, ISMAEL HIGUERA GUERRERO and GILBERTO HIGUERA-GUERRERO, did knowingly and intentionally import 00 grams and more of cocaine, a Schedule II Controlled Substance, into the United States from a place outside thereof; in violation of Title, United States Code, Sections and 0, and Title, United States Code, Section. Racketeering Act No. (Possession With Intent To Distribute Cocaine) On or about January, 00, in LQs Angeles, California, defendants BENJAMIN ARELLANO-FELIX, EDUARDO ARELLANO-FELIX, JAVIER ARELLANO-FELIX, and ISMAEL HIGUERA-GUERRERO, possessed with intent to distribute approximately 00 grams and more of cocaine, a Schedule II Controlled Substance; in violation of Title, United States Code, Section (a) (), and Title, United States Code, Section. Racketeering Act No. (Importation of Cocaine) On or about February, 00, in Calexico, California, within the Southern District of California, defendants BENJAMIN ARELLANO-FELIX, EDUARDO ARELLANO-FELIX, JAVIER ARELLANO-FELIX, MANUEL AGUIRRE-GALINDO, JESUS LABRA-AVILES, ISMAEL HIGUERA-GUERRERO, and GILBERTO HIGUERA GUERRERO, did knowingly and intentionally import 00 grams and more

19 Case :-cr-0-lab Document Filed //0 Page of 0 of cocaine, a Schedule II Controlled Substance, into the United States from a place outside thereof; in violation of Title, United States Code, Sections and 0, and Title, United States Code, Section. Racketeering Act No. (Importation of Cocaine) On or about February, 00, in Calexico, California, within the Southern District of California, defendants BENJAMIN ARELLANO FELIX, EDUARDO ARELLANO-FELIX, JAVIER ARELLANO-FELIX, MANUEL AGUIRRE GALINDO, JESUS LABRA-AVILES, ISMAEL HIGUERA-GUERRERO, and GILBERTO HIGUERA-GUERRERO, did knowingly and intentionally import 00 grams and more of cocaine, a Schedule II Controlled Substance, into the United States from a place outside thereof; in violation of Title, United States Code, Sections and 0, and Title, United States Code, Section. Racketeering Act No. (Importation of Cocaine) On or about March, 00, in Otay Mesa, California, within the Southern District of California, defendants BENJAMIN ARELLANO-FELIX, EDUARDO ARELLANO-FELIX, JAVIER ARELLANO-FELIX, ISMAEL HIGUERA GUERRERO, and GILBERTO HIGUERA-GUERRERO, did knowingly and intentionally import 00 grams and more of cocaine, a Schedule II Controlled Substance, into the United States from a place outside thereof; in violation of Title, United States Code, Sections and 0, and Title, United States Code, Section. Racketeering Act No. (Possession With Intent To Distribute Cocaine) On or about April, 00, in Los Angeles, California, defendants BENJAMIN ARELLANO-FELIX, EDUARDO ARELLANO-FELIX, JAVIER ARELLANO-FELIX, ISMAEL HIGUERA-GUERRERO, and JORGE AURELIANO FELIX possessed with intent to distribute 00 grams and more of cocaine, a Schedule II Controlled Substance; in violation of Title, United States Code, Section (a) (), and Title, United States Code, Section. Racketeering Act No. (Possession With Intent to Distribute Cocaine) On or about May, 00, in Los Angeles, California, defendant GILBERTO HIGUERA-GUERRERO possessed with intent to distribute 00 grams and more of cocaine, a Schedule II Controlled Substance; in violation of Title, United States Code, Section (a) (), and Tit, United States Code, Section. Racketeering Act No. (Possession With Intent to Distribute Cocaine) On or about July, 00, Centro, California, within the Southern District of California, defendants BENJAMIN ARELLANO-FELIX,

20 Case :-cr-0-lab Document Filed //0 Page of 0 EDUARDO ARELLANO-FELIX, JAVIER ARELLANO-FELIX, MANUEL AGUIRRE-GALINDO, JESUS LABRA-AVILES, ISMAEL HIGUERA-GUERRERO, and GILBERTO HIGUERA GUERRERO, did knowingly and intentionally possess with intent to distribute 00 grams and more of cocaine; in violation of Title, United States Code, Section (a) (), and Title, United States Code, Section. All in Violation of Title, United States Code, Section (c). Count THE RACKETEERING CONSPIRACY. Paragraphs - of Count of this Indictment are realleged and incorporated by reference as though fully set out herein.. Beginning in or about the year, and continuing up to and including November, 0, within the Southern District of California and elsewhere, defendants BENJAMIN ARELLANO-FELIX, aka EI Senor, aka EI Min, aka, aka -, aka MK, aka Licenciado Sanchez, aka Licenciado Alegria, EDUARDO ARELLANO-FELIX, aka EI Doctor, aka EI Walin, aka EI Profe, aka EI Abuelito, aka, JAVIER ARELLANO-FELIX, aka EI Tigrillo, MANUEL AGUIRRE-GALINDO, aka EI Caballo, aka A-, aka EI Meno, aka EI Galan, JESUS LABRA-AVILES, aka Chuy Labra, aka Don Chuy, aka Chulitio, aka, ISMAEL HIGUERA-GUERRERO, aka EI Mayel, aka Clave Privada, aka Pluma-Blanca, aka 0, aka -, GILBERTO HIGUERA-GUERRERO, aka EI Gil, aka Gil, aka Gilillo, aka, EFRAIN PEREZ, aka Efra, aka, JORGE AURELIANO-FELIX, aka Macumba, RIGOBERTO YANEZ, aka Primo, aka Primo Pedro, and ARMANDO MARTINEZ-DUARTE, aka EI Loco Duarte; co-conspirators Ramon Arellano-Felix, Everardo Arturo Paez-Martinez, David Barron-Corona; and others known and unknown to the grand jury, being employed by and associated with the Enterprise, as defined in Count One of this Indictment, which Enterprise was engaged in, and the activities of which affected interstate and foreign commerce, did knowingly and intentionally conspire with each

21 Case :-cr-0-lab Document Filed //0 Page of 0 other, and other persons, to violate Section (c) of Title, United States Code, that is, to conduct and participate, directly and indirectly, in the conduct of the Enterprise's affairs through a pattern of racketeering activity, as defined in by Title, United States Code I Sections () and (), consisting of the acts contained in paragraph of Count One, as well as those described in paragraph of this Count;. It was further a part of the conspiracy that the defendants agreed that a conspirator would commit at least two acts of racketeering activity in the conduct of the affairs of the Enterprise. OVERT ACTS. In furtherance of said conspiracy and to effect the objects thereof, the following Overt Acts, among others, were committed within the Southern District of California and elsewhere: TIJUANA BASED ENFORCEMENT OPERATIONS - OVERT ACTS - Overt Act No. (The Purchase of Firearms) From in or about, up to and including, defendant EDUARDO ARELLANO-FELIX, purchased hundreds of firearms and other equipment, includingak-'s, Colt Supers, 0 Caliber machine guns, Uzi machine guns, R-'s, and bulletproof vests, for AFO enforcement crew members to use in carrying out the enforcement activities of the Enterprise. Overt Act No. (The Murder of Armando Lopez) In or about, in Tijuana, Mexico, co-conspirator Ramon Arellano-Felix (now deceased), shot and killed Armando Lopez, a member of the Joaquin Guzman-Loera Organization and AFO rival. Overt Act No. (The Murder of Guillermo Castaneda-Lopez) On or about October,, in San Diego, California, at the direction of defendants BENJAMIN and EDUARDO ARELLANO-FELIX, members of an AFO Enterprise enforcement crew murdered Guillermo Castaneda- Lopez.

22 Case :-cr-0-lab Document Filed //0 Page of 0 Overt Act No. (Meeting Between AFO Leaders and Guzman-Loera Organization Leaders) In or about late, defendants BENJAMIN and EDUARDO ARELLANO FELIX, ISMAEL and GILBERTO HIGUERA-GUERRERO, and co-conspirator Ramon Arellano-Felix, (now deceased), traveled from Tijuana, Mexico, to Culiacan, Mexico, to meet with Joaquin Guzman-Loera and other members of his organization about tensions between the AFO and the Guzman- Loera Organization. Overt Act No. (AFO's First Failed Attempt to Kill Joaquin Guzman-Loera) In later, early, in Tijuana, Mexico, defendants BENJAMIN and EDUARDO ARELLANO-FELIX, and conspirator Ramon Arellano Felix (now deceased), planned an ultimately unsuccessful attempt to kill Guzman-Loera. Overt Act No. (AFO's Second Failed Attempt to Kill Joaquin Guzman-Loera) In or about the summer of, in Tijuana, Mexico, defendants BENJAMIN ARELLANO FELIX and ISMAEL HIGUERA-GUERRERO cancelled a meeting they had in Mexico City, Mexico, with Joaquin Guzman Loera, after learning of Guzman-Loera's plan to assassinate them. Overt Act No. (AFO Defend Guzman-Loera Attack at Christine's Discotheque in Puerto Vallarta, Mexico) On or about November,, in Puerto Vallarta, Mexico, defendants JAVIER ARELLANO-FELIX, ISMAEL and GILBERTO HIGUERA GUERRERO, and numerous other members of the AFO Enterprise, including co conspirators Ramon Arellano-Felix and David Barron-Corona, fought off an assassination attempt by members of the Guzman-Loera Organization, during which several individuals were shot and killed. Overt Act No. (The Murder of Alejandro Cazares) On or about September,, in Imperial Beach, California, at the direction of defendants BENJAMIN and EDUARDO ARELLANO-FELIX, members of an AFO Enterprise enforcement crew murdered Alejandro Cazares. Overt Act No. (The Murder of Juvenal LNU, aka -) In or about March, in Tijuana, Mexico, at the direction of co-conspirator Ramon Arellano-Felix (now deceased) t members of an AFO Enterprise enforcement crew murdered AFO enforcer Juvenal LNU, aka -.

23 Case :-cr-0-lab Document Filed //0 Page of 0 Overt Act No. 0 (The Murder of Robert Ceballos Corralez) On or about March,, in Hollenbeck, California, at the direction of co-conspirator David Barron Corrona (now deceased), members of an AFO Enterprise enforcement crew murdered Robert Ceballos Corralez. Overt Act No. (The Murder of Juvenal Gomez-Buenrostro) On or about March,, in Chula Vista, California, at the direction of defendants BENJAMIN ARELLANO-FELIX and ISMAEL HIGUREA GUERRERO, and co-conspirator Ramon Arellano-Felix (now deceased), members of an AFO Enterprise enforcement crew murdered Juvenal Gomez- Buenrostro. Overt Act No. (AFO Leadership Plans Third Assassination Attempt on Guzman) In or about May, in Tijuana, Mexico, defendants BENJAMIN, EDUARDO and JAVIER ARELLANO-FELIX, ISMAEL HIGUERA-GUERRERO, and coconspirators Ramon Arellano-Felix and David Barron-Corona (both now deceased), planned a third assassination attempt on AFO rival Joaquin Guzman-Loera. Overt Act No. (The Murder of Roman Catholic Cardinal Juan Posadas Ocampo) On or about May,, in Guadalajara, Mexico, an AFO Enterprise enforcement crew attempted to murder AFO rival Joaquin Guzman-Loera, resulting in the murder of Roman Catholic Cardinal Juan Posadas Ocampo. Overt Act No. (Aftermath of the Cardinal's Murder) On or about May,, in Tijuana, Mexico, defendants BENJAMIN, EDUARDO and JAVIER ARELLANO-FELIX, MANUEL AGUIRRE-GALINDO, JESUS LABRA-AVILES, ISMAEL and GILBERTO HIGUERA-GUERREO, EFRAIN PEREZ, and co-conspirator Ramon Arellano-Felix (now deceased), all met and came to agreement on actions they needed to take to address Mexican law enforcement reaction to the Cardinal's murder. Overt Act No. (Benjamin Arellano-Felix Goes Into Hiding) On or about May,, in Tijuana, Mexico, defendant BENJAMIN ARELLANO-FELIX advised members of the Enterprise that Ramon Arellano Felix had left Tijuana, that he himself was going into hiding, that all communications needing his attention should be addressed to defendant EDUARDO ARELLANO-FELIX, and that outstanding trafficking operations should be addressed to defendant JESUS LABRA-AVILES. / /

24 Case :-cr-0-lab Document Filed //0 Page of 0 Overt Act No. (Higuera-Guerrero Brothers Run AFO Enterprise In Arellano-Felix Brothers' Absence) From in or about May, through in or about September, in Tijuana and Mexicali, Mexico, defendants ISMAEL and GILBERTO HIGUERA-GUERRERO ran the day-to-day operations of the AFO Enterprise in the absence of the Arellano-Felix Brothers. Overt Act No. (Murder of Maria Ramirez-Olivas) On or about January,, in Imperial Beachl California, at the direction of defendant BENJAMIN ARELLANO-FELIX, members of an AFO Enterprise enforcement crew murdered Maria Ramirez-Olivas. Overt Act No. (Murder of Alfredo (Winkey) Reynoso and Myrna Ochoa De Reynoso) On or about January, in Rosarito, Baja California, Mexico at the direction of defendant BENJAMIN ARELLANO-FELIXI members of an AFO Enterprise enforcement crew murdered Alfredo (Winkey) Reynoso and Myrna Ochoa De Reynoso. Overt Act No. (Murder of Arturo Ochoa-Palacios) On or about April in Tijuana l Mexico at the direction of defendant BENJAMIN ARELLANO-FELIX members of an AFO Enterprise enforcement crew murdered PGR official Arturo Ochoa-Palacios. Overt Act No. (Attack on Military Personnel In Zapopanl Jalisco Mexico) On or about July in Zapopan, Jalisco Mexico at the direction of co-conspirator Ramon Arellano-Felix (now deceased), members of an AFO Enterprise enforcement crew ambushed some of their "enemies" in a shootout, which resulted in the deaths of three people, including two Mexican Military officials, Juan Fonseca Rey and Juan Daniel Fuentes Calderon. Overt Act No. (Plot to Murder Dr. Ernesto Ibarra Santes) On or about September 0,, in Tijuana, Mexico, defendants BENJAMIN and EDUARDO ARELLANO-FELIX, and ISMAEL HIGUERA-GUERRERO learned that PGR Commandante Dr. Ernesto Ibarra-Santes was traveling from Tijuana to Mexico City, Mexico, and agreed that they would send a team of AFO enforcers to assassinate him. Overt Act No. (Murder of Dr. Ernesto Ibarra-Santes) On or about September,, in Mexico City, Mexico at the direction of defendant BENJAMIN ARELLANO-FELIX, members of an AFO

25 Case :-cr-0-lab Document Filed //0 Page of 0 Enterprise enforcement crew murdered PGR Commandante Dr. Ernesto Ibarra-Santes and three of his colleagues as they were leaving the airport. Overt Act No. (Shootout In Culiacan, Sinaloa, Mexico) On or about September,, in Culiacan, Sinaloa, Mexico, members of an AFO Enterprise enforcement crew engaged in a shootout with Mexican Military officials in an attempt to defend an AFO "safe house." Overt Act No. (Plot to Murder Fernando Gutierrez) In or about December, in Tijuana, Mexico, defendants BENJAMIN, EDUARDO, and JAVIER ARELLANO-FELIX, and co-conspirators Ramon Arellano Felix and David Barron-Corona (both now deceased), agreed that Fernando Gutierrez would be murdered for failing to repay a debt, and plotted his murder. Overt Act No. (Murder of Fernando Gutierrez) On or about December,, in Coronado, California, at the direction of defendants BENJAMIN, EDUARDO, and JAVIER ARELLANO-FELIX, and co-conspirators Ramon Arellano-Felix (now deceased), members of an AFO Enterprise enforcement crew murdered Fernando Gutierrez. Overt Act No. (Murder of Hodin Gutierrez-Rico) On or about January,, in Tijuana, Mexico, at the direction of defendant BENJAMIN ARELLANO-FELIX, members of an AFO Enterprise enforcement crew murdered Hodin Gutierrez-Rico. Overt Act No. (Kidnaping Alejandro Hodoyan- acios) In or about March, in Tijuana, Mexico, at the direction of defendants BENJAMIN and EDUARDO ARELLANO-FELIX, and ISMAEL HIGUERA GUERRERO, members of an AFO Enterprise crew kidnaped Alejandro Hodoyan-Palacios. Overt Act No. (Interrogation of Alejandro Hodoyan Palacios) On or about March,, in Tijuana, Mexico, defendant JORGE AURELIANO-FELIX tape recorded an interrogation he conducted of Alejandro Hodoyan Palacios, and then turned the recording over to defendant ISMAEL HIGUERA-GUERRERO. / /

26 Case :-cr-0-lab Document Filed //0 Page of 0 Overt Act No. (Murder of Alejandro Hodoyan-palacios) On or about March,, in Tijuana, Mexico, at the direction of defendants BENJAMIN and EDUARDO ARELLANO-FELIX, and ISMAEL HIGUERA GUERRERO, members of the Enterprise murdered Alejandro Hodoyan- Palacios. Overt Act No. 0 (Attempted Murder of Ramiro Ramirez) On or about March,, in Chula Vista, California, at the direction of defendants BENJAMIN ARELLANO-FELIX and ISMAEL HIGUERA GUERRERO, and co-conspirators Ramon Arellano-Felix and David Barron- Corona (both now deceased), members of an AFO Enterprise enforcement crew attempted to murder Ramiro Ramirez. Overt Act No. (Plot to Murder Jorge Jesus Blancornelas) In or about June-July, in Tijuana, Mexico, defendants BENJAMIN and EDUARDO ARELLANO-FELIX agreed that they would murder Jorge Jesus Blancornelas, editor of the juana news magazine "Zeta," due to unfavorable articles that he printed about the Enterprise. Overt Act No. (Murder of Maria Elena Boccaccio-Guerrero) On or about September,, in Tijuana, Mexico, at the direction of defendant BENJAMIN ARELLANO-FELIX, members of an Enterprise enforcement crew murdered Maria Elena Boccaccio-Guerrero. Overt Act No. (Murder of Two Mexican Federal Police Officers) On or about November,, in juana, Mexico, members of an AFO Enterprise enforcement crew killed Mexican federal police officers Juan Antonio Martinez Catarino and Miguel Angel Anaya in front of the Tijuana court house in a blundered attempt to kill Federal Police Commander Felipe Perez-Cruz. Overt Act No. (Attempted Murder of Jorge Jesus Blancornelas) On or about November,, in Tijuana, Mexico, members of an AFO Enterprise Enforcement crews attempt to murder Jorge Jesus Blancornelas, editor of the news magazine "Zeta./I Overt Act No. (Murder of Luis Lauro Valdero Elizalde) On or about November,, in Tijuana, Mexico, members of an AFO Enterprise Enforcement crew murdered Jorge Jesus Blancornelas' bodyguard, Luis Lauro Valdero-Elizalde.